Discussion
Which of the following propositions gives a correct explanation of declaratory theory of recognition ?
Answer: B
The declaratory theory says recognition is merely a formal acknowledgement of an established situation of fact.
Under the declaratory theory, a state exists as soon as it has the factual elements of statehood (people, territory, government and capacity to enter into relations with others). Recognition by other states does not create the state; it only acknowledges that it already exists. Article 3 of the Montevideo Convention (1933) expresses this view.
Option A states the rival constitutive theory, under which recognition alone confers statehood. Option C goes too far: recognition is evidence of statehood, even if it does not create it.
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