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According to which theory it is the act of recognition alone which constitutes statehood ?

  • A.Declaratory theory
  • B.Constitutive theory
  • C.Naturalist theory
  • D.Positivist theory

Answer: B

It is the constitutive theory.

The constitutive theory, associated with Hegel, Oppenheim and Anzilotti, holds that a state becomes an international person only through recognition by other states; recognition creates (constitutes) statehood.

The declaratory theory holds the opposite: statehood exists once the factual criteria of population, territory, government and capacity for relations are met, and recognition merely acknowledges it, as Article 3 of the Montevideo Convention puts it. Naturalist and positivist theories are general schools of international law, not theories of recognition.

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