Q: Describe about the theories of recognition ?

Ans:

Theories of recognition

There are mainly two theories which revolve around recognizing a state by other nations, Constitutive Theory and Declarative Theory or Evidentiary Theory.

The Constitutive theory defines a state as a person of international law if, and only if, it is recognized as sovereign by other states. 


According to declarative theory, an entity's statehood is independent of its recognition by other states. The declarative model was most famously expressed in the 1933 Montevideo Convention.  Article 3 of the Convention declares that statehood is independent of recognition by other states. 


 According to this theory, the statehood or the authority of new Government is not dependent on the consent of the existing state but is based on some prior or existing fact. According the followers of this theory, the recognition by the existing states is merely a formal acknowledgement of the statehood and not the condition.This theory has been subject to criticism as recognition is only declaratory of an existing fact is not completely correct. In fact when a state is recognized, there ensure some legal effects of recognition which may be said to be constitutive in nature.

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