Recognition of States Questions and Answers

Q: According to which theory/doctrine, it is stated that act of recognition alone confers international personality on an entity purporting to be a state or clothes new government with an authority to enter into international relations ?

This is the constitutive theory.Associated with Hegel, Anzilotti and Oppenheim, the constitutive theory holds that it is recognition by existing states that creates, or constitutes, the international personality of a new state or the authority of a new government.The declaratory theory holds the reverse: statehood exists once the factual criteria are met, and recognition merely acknowledges it. The Estrada doctrine (Mexico, 1930) avoids formal recognition of governments altogether, and the Stimson doctrine (USA, 1932) refuses recognition to situations brought about by force.

Q: Which of the following statements is incorrect about recognition ?

The incorrect statement is that recognition can only be given in express terms.Recognition may be express, by a formal declaration or note, or implied, from conduct that unequivocally shows an intention to recognise, such as concluding a bilateral treaty or establishing formal diplomatic relations. So the claim that it can only be express is wrong.The other statements are accepted: de facto recognition is provisional and reflects doubt about the long-term stability of a government; de jure recognition is given when its effective control is accepted as permanent; and a recognised state or government gains standing to sue in the courts of the recognising state, which an unrecognised entity generally lacks.

Q: Which of the following propositions gives a correct explanation of declaratory theory of recognition ?

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.

Q: When in the opinion of the recognizing state, the state or government to be recognized formally fulfils the requirements of statehood it grants which type of recognition ?

It grants de jure recognition.De jure recognition is full, formal recognition given when the recognising state considers that the new state or government formally satisfies all the requirements of international law: effective control, stability and the ability and willingness to fulfil international obligations. It is generally final.De facto recognition is provisional, given when the entity is in effective control but its permanence or legitimacy is still doubtful. Conditional recognition is given subject to conditions, and ad hoc recognition is limited to a particular purpose.

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

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.

Q: When the other states have no reasonable assurance of stability about the new state, they grant which type of recognition ?

They grant de facto recognition.De facto recognition is provisional. It acknowledges that a new state or government is in effective control while doubts remain about its stability, permanence or willingness to honour international obligations, and it can be withdrawn.De jure recognition is full, legal and in principle final, given when the recognising state is satisfied about stability. Express and implied recognition describe the manner of recognition, by formal statement or by conduct such as signing a bilateral treaty, not the degree of confidence in the new state.

Q: De jure Recognition is ............. .

De jure recognition is permanent and legal recognition.De jure recognition is the full, formal acknowledgement that a state or government is legally entitled to its status, carrying full diplomatic relations. It is generally final and not withdrawn.Temporary, factual recognition is de facto recognition, given while a new government's stability is uncertain. A de jure recognised government's representatives do enjoy diplomatic immunity, and 'primary recognition' is not a recognised category.

Q: Which of the following is not a mode of Recognition ?

'Independent recognition' is not a mode of recognition.Recognition of a state or government may be granted expressly, by a formal declaration, or impliedly, by conduct such as concluding a treaty or exchanging diplomats. It may be conditional, granted subject to conditions, and collective, granted by a group of states acting together, for example through an international organisation.These are the recognised modes. There is no mode called 'independent recognition'.

According to which theory/doctrine, it is stated that act of recognition alone confers international personality on an entity purporting to be a state or clothes new government with an authority to enter into international relations ?

A.Declaratory theory
B.Constitutive theory
C.Estrada doctrine
D.Stimson doctrine

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: B

This is the constitutive theory.

Associated with Hegel, Anzilotti and Oppenheim, the constitutive theory holds that it is recognition by existing states that creates, or constitutes, the international personality of a new state or the authority of a new government.

The declaratory theory holds the reverse: statehood exists once the factual criteria are met, and recognition merely acknowledges it. The Estrada doctrine (Mexico, 1930) avoids formal recognition of governments altogether, and the Stimson doctrine (USA, 1932) refuses recognition to situations brought about by force.

Discuss in Forum

Which of the following statements is incorrect about recognition ?

A.Recognition de facto implies that there is some doubt as to the long-term viability of the government in question
B.Recognition de jure follows where the recognizing state accepts that the effective control displayed by the government is permanent
C.Recognition can only be given in express terms, that is in the form of an open and formal communications
D.Recognized state gets rights of suing in the municipal courts of the recognizing state

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: C

The incorrect statement is that recognition can only be given in express terms.

Recognition may be express, by a formal declaration or note, or implied, from conduct that unequivocally shows an intention to recognise, such as concluding a bilateral treaty or establishing formal diplomatic relations. So the claim that it can only be express is wrong.

The other statements are accepted: de facto recognition is provisional and reflects doubt about the long-term stability of a government; de jure recognition is given when its effective control is accepted as permanent; and a recognised state or government gains standing to sue in the courts of the recognising state, which an unrecognised entity generally lacks.

Discuss in Forum

Which of the following propositions gives a correct explanation of declaratory theory of recognition ?

A.Act of recognition alone creates statehood.
B.Act of recognition is merely a formal acknowledgement of an established situation of fact.
C.Act of recognition has nothing to do with statehood.
D.None of the above

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

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.

Discuss in Forum

When in the opinion of the recognizing state, the state or government to be recognized formally fulfils the requirements of statehood it grants which type of recognition ?

A.De facto recognition
B.De jure recognition
C.Conditional recognition
D.Ad hoc recognition

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: B

It grants de jure recognition.

De jure recognition is full, formal recognition given when the recognising state considers that the new state or government formally satisfies all the requirements of international law: effective control, stability and the ability and willingness to fulfil international obligations. It is generally final.

De facto recognition is provisional, given when the entity is in effective control but its permanence or legitimacy is still doubtful. Conditional recognition is given subject to conditions, and ad hoc recognition is limited to a particular purpose.

Discuss in Forum

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

Exam Year(s)

MH SET - 2021, SET Exam - 2021,

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.

Discuss in Forum

When the other states have no reasonable assurance of stability about the new state, they grant which type of recognition ?

A.De Jure recognition
B.Implied recognition
C.De facto recognition
D.Express recognition

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: C

They grant de facto recognition.

De facto recognition is provisional. It acknowledges that a new state or government is in effective control while doubts remain about its stability, permanence or willingness to honour international obligations, and it can be withdrawn.

De jure recognition is full, legal and in principle final, given when the recognising state is satisfied about stability. Express and implied recognition describe the manner of recognition, by formal statement or by conduct such as signing a bilateral treaty, not the degree of confidence in the new state.

Discuss in Forum

De jure Recognition is ............. .

A.Permanent and Legal Recognition
B.Temporary and Factual Recognition
C.Primary Recognition
D.Cannot enjoy diplomatic immunity

Exam Year(s)

MH SET - 2024, SET Exam - 2024,

Answer: A

De jure recognition is permanent and legal recognition.

De jure recognition is the full, formal acknowledgement that a state or government is legally entitled to its status, carrying full diplomatic relations. It is generally final and not withdrawn.

Temporary, factual recognition is de facto recognition, given while a new government's stability is uncertain. A de jure recognised government's representatives do enjoy diplomatic immunity, and 'primary recognition' is not a recognised category.

Discuss in Forum

Which of the following is not a mode of Recognition ?

A.Express & implied recognition
B.Conditional recognition
C.Collective recognition
D.Independent recognition

Exam Year(s)

MH SET - 2025, SET Exam - 2025,

Answer: D

'Independent recognition' is not a mode of recognition.

Recognition of a state or government may be granted expressly, by a formal declaration, or impliedly, by conduct such as concluding a treaty or exchanging diplomats. It may be conditional, granted subject to conditions, and collective, granted by a group of states acting together, for example through an international organisation.

These are the recognised modes. There is no mode called 'independent recognition'.

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