Worksheet 5b

Question 1

What are the two competing theories of state recognition?

Answer 1

1. The constitutive theory
2. The declaratory theory

Question 2

What is the constitutive theory?

Answer 2

A state may possess all of the formal attributes and qualifications of statehood but unless recognition is accorded by other states it will not acquire international personality
It is therefore recognition by other states that creates a new state

Question 3

What is the declaratory theory?

Answer 3

Recognition is a formality - states exist as a matter of fact ‘ and the granting of recognition is merely an acknowledgement of that fact
The practical difficulties result from the fact that a state does not have a legal duty to recognize a new state is not a matter governed by law, but a political issue to be decided by the recognizing state

Question 4

What are forms of expressed recognition?

Answer 4

1. A public statement
2. Congratulatory message on attainment of independence
3. Diplomatic note
4. Bilateral treaty formally regulating relations between two states

Question 5

What are examples of implied recognition?

Answer 5

1. Bilateral treaty formally regulating relations between two states
2. Formal initiation of diplomatic relations
3. Settings up to have a consular presence in the country

Question 6

What is recognition not implied by?

Answer 6

1. Establishment of unofficial representation
2. Accession to multilateral treaty
3. Participation of negotiations
4. Membership in international organizations

Question 7

What are the three approaches to recognition of governments?

Answer 7

1. The objective approach
2. The subjective approach
3. The Estrada doctrine approach

Question 8

What is the objective approach?

Answer 8

A state recognizes a new government on a factual basis, namely that the new government is independent and has effective control over that state’s territory and that its control seems likely to continue without giving any judgement on the legality of the government or any approval

Question 9

What is the subjective approach?

Answer 9

The state by recognizing the new government expresses its approval and endorses the policy of that new government

Question 10

What is the Estrada doctrine approach?

Answer 10

No express recognition is necessary. All that is required is to establish that the authority in question exercises effective control over the relevant territory