3. Diplomatic recognition

Diplomatic recognition in international law is a unilateral political act with domestic and international legal consequences, whereby a state acknowledges an act or status of another state or government in control of a state (may be also an unrecognised state). Recognition can be accorded either de facto or de jure, usually by a statement of the recognizing government.

De facto recognition of states, rather than de jure, is rare. De jure recognition is stronger, while de facto recognition is more tentative and recognizes only that a government exercises control over a territory. An example of the difference is when the United Kingdom recognized the Soviet Union de facto in 1921, but de jure only in 1924. Another example is the state of Israel in 1948, whose government was immediately recognized de facto by the United States and three days later by Soviet de jure recognition.

Diplomatic recognition must be distinguished from formal recognition of states or their governments. The fact that states do not maintain bilateral diplomatic relations does not mean that they do not recognize or treat one another as states. A state is not required to accord formal bilateral recognition to any other state, and some have a general policy of not doing so (considering that a vote for its membership of an international organisation restricted to states, such as the United Nations, is proof of recognition. Some consider that a state has a responsibility to not recognize as a state any entity that has attained the qualifications for statehood by a violation of basic principles of the UN Charter: the UN Security Council has in several instances which deny their statehood and should preclude recognition. States can exercise their recognition powers either explicitly or implicitly. The recognition of a government implies recognition of the state it governs, but even countries which have a policy of formally recognise states may not have a policy of formally recognising governments.

1. Recognition of states

There are mainly two theories relevant to recognition, the constitutive and the declaratory theory. The constitutive theory asserts that States and governments do not legally exist until recognised by the international community and the declaratory theory adopts that States and governments gain in the international personality when they come into existence.

According the constitutive theory, creation of a new State depends on the acceptance of present States. The new State will have the rights and duties at the time of being recognised.

The declaratory theory claims that a State will be formed free from the consents of the other States, just after she meet the international requirements.

Premature recognition – it is a political decision of States, in some circumstances, the recognition occurs before the criteria of statehood have been fulfilled by the new State.

In such cases, the problem is to determine the premature recognition is an intervention in the internal affairs of another state or is an admissible recognition of a new state that has emerged or is emerging as a result of secession.

Implied recognition. Recognition is about intention and may be expressed or implied. To understand how a State may recognise another State by implication it is necessary to look into the some certain circumstances. The establishing of diplomatic relations and maybe, to grant the exequatur or signing a bilateral treaty includes extensive relations between the two states justify the implication.