Recognition of State

It is essential that State can enter into formal relations with another,it must be not only fully sovereign,but it must be also be recognised by that State.
The question of recognition of State is one of the important problems in the international law.This problem arises when a new State is born and seeks to establish relations with the existing State or when it applies for membership of international organisations like the United Nations ( UN ).
It is true that every State have a right to judge for itselve the question whether the new State possesses all the attributes of the Statehood whilst considering the matter of recognition.
There are two theories as to the nature,fuctior and effect of recognition:

(a)-The constitutive theory

According to this theory the act of recognition is the alone act which creats statehood in the international sphere.
(b)-The declaratory theory
According to this theory the new State exists as such prior to and independently of recognition.so the recognition is merely a formal acknowledgment of an established sitution of fact.
The action of State in affording or withholding recognition is asa yet uncontrolled by any rigid rules of international law,on the contrary,recognition is treated as a matter of vitel policy that each State is entitled to decide for itself.There ios not even a duty on a State under international law to withdraw recognition if the qualification of statehood or of governmental authority cease to exist.

Implied Recognition

Implied recognition is very much  a matter of the intention of the State said to have given recognition.in practice the only legitimate occasions for conclusively implying recognition de jure are:
  *The formal signature of a bileteral treaty by the recognised and recognising States.
  *The formal initiation of diplomatic relations between the recognised and recognising State.
  *The issue of a consular exequatur by the recognised and recognising Stated.

In certain exceptional circumstances,recognition has been inferred from the following circumstances :

  (I)-Common participation in a multilateral.
  (II)-Participation in an international conference.
  (III)-Initiation of negotiations between a recognising and recognised State.

Recognition of a head of State or of a new government:

The granting or refusal of recognition of a government has nothing to do with the recognition of the State itself.if a foregin State refusal the recognition of a change in the form of government of an old State.this latter does not thereby lose its recognition as an international person.

Legal effects of recognition :

Recognition produces legal consequences affecting the rights,power and privileges of the recognised State,both at international law and under the municipal law of States which have given it recognition.

the principle legel effects of recognition are :

1-The Recognised State acquires the right of suing in the courts of law of the recognising State.
2-The recognised State may claim immunity from suit in regard to its property and its diplomatic representatives.
3-The recognised State becomes entitled to demand and receive possession of or to dispose of property situate within the jurisdiction of recognising State which formery belonged to a preceding government.

On the contrary there are legal effects of the rights,powers and immunities in case of refusing a recognition with a new State.these consequences may be enumerated as follows:
(I)-The unrecognised State cannot claim immunity from legal process for its representatives.
(II)-The unrecognised State cannot protect its property in the territory of non-recognising State.
(III)-It will not be given in the courts of a non-recognising State,the effects customary according to the rules of comity.