recognition report
Post on 03-Jun-2018
219 Views
Preview:
TRANSCRIPT
-
8/12/2019 Recognition Report
1/43
RECOGNITION
-
8/12/2019 Recognition Report
2/43
The extent of a states membership inthe international community is,
therefore, dependent on the number ofstates prepared to admit it.
-
8/12/2019 Recognition Report
3/43
Declaratory Recognition
(Political)affirms the pre-existing fact that the entitybeing recognized already possesses the
status of an international person;
this kind of recognition in highly politicaland discretionary;
as long as political unit possesses all the
elements needed for a state, other states areduty bound to recognize the former. It hasa legal right to be recognized as a state.
-
8/12/2019 Recognition Report
4/43
Constitutive Recognition
(Legal)recognition is the last indispensable element thatconverts or constitutes the entity being recognized
into an international person;
recognition is regarded as mandatory and legal and
may be demanded as a matter of right by any entitythat can establish its possession of the four essential
elements of a state;
even if a political unit possesses the ordinaryconstituent elements of a state, still foreign countries
are at liberty to either grant or withhold recognition.The act of recognition is discretionary.
-
8/12/2019 Recognition Report
5/43
Recognition may be extended byindividual states or by a number of
them together.
-
8/12/2019 Recognition Report
6/43
Recognition may also be conditionalorunconditional, individualor collective.
-
8/12/2019 Recognition Report
7/43
In the Philippines, the Presidentdetermines the question of recognition
and his decisions are considered acts ofthe state which are, therefore, notsubject to judicial review.
-
8/12/2019 Recognition Report
8/43
OBJECTS OF
RECOGNITION
-
8/12/2019 Recognition Report
9/43
Recognition may be extended to a state,to a government, or to a belligerent
community.
-
8/12/2019 Recognition Report
10/43
Generally, the recognition of a stateisirrevocable and imports the recognition
of its government. On the other hand,the recognition of a government maybe withdrawn and does not necessarily
signify the existence of a state as the
government may be a mere colony.
-
8/12/2019 Recognition Report
11/43
Recognition of belligerencydoes notproduce the same effects as the
recognition of states and governmentsbecause the rebels are accordedinternational personality only in
connection with the hostilities they are
waging.
-
8/12/2019 Recognition Report
12/43
KINDS OF RECOGNITION
-
8/12/2019 Recognition Report
13/43
Express recognition may
be verbal or in writing.The ways of extending an express recognitionof a state are:
1. formal proclamation
2. announcement
3. stipulation in a treaty
4. a letter or telegram
5. official call
6. conference
-
8/12/2019 Recognition Report
14/43
Implied recognition
It takes place when the recognizing state entersinto official intercourse with the new member
by:
exchanging diplomatic representativesbipartite treaty
acknowledging its flag
entering into formal relations with eachother
-
8/12/2019 Recognition Report
15/43
In every case, it is important that the actconstituting recognition shall give a clear
indication of an intention:
to treat with the new state as such;to accept the new government as having
authority to represent the state it; purports togovern and maintain diplomatic relations with
it; and
to recognize in the case of insurgents that theyare entitled to exercise belligerent rights.
-
8/12/2019 Recognition Report
16/43
Short of an intention, dealings with theentity in question will not give rise to
recognition.
-
8/12/2019 Recognition Report
17/43
As to the effect of commonmembership in an international
organization of state that have notpreviously recognized each other, the
view is that they are deemed torecognize each other only within the
said body and not elsewhere.
-
8/12/2019 Recognition Report
18/43
RECOGNITION OF STATES
-
8/12/2019 Recognition Report
19/43
The recognition of a new state is a freeact by which one or more states
acknowledge the existence on a definiteterritory or a human society politicallyorganized, independent of any existing
state, and capable of observing theobligations of international law, and bywhich they manifest their intention to
consider it a member of the internationalcommunity.
-
8/12/2019 Recognition Report
20/43
It does not present much difficulty
when it is established throughpeaceful methods, such as a
plebiscite or agreement.
-
8/12/2019 Recognition Report
21/43
RECOGNITION OF
GOVERNMENTS
-
8/12/2019 Recognition Report
22/43
The recognition of the newgovernment of a state which has been
already recognized is the free act by
which one or several statesacknowledge that a person or a group
of persons is capable of binding thestate which they claim to represent and
witness their intention to enter intorelations with them.
-
8/12/2019 Recognition Report
23/43
Recognition of governments is usually
decided mainly on the basis of politicalconsiderations.
-
8/12/2019 Recognition Report
24/43
Where the former government is replaced
by force and the new governmentthereafter claims the right to representthe state to the exclusion of the other, thede juregovernment might have cause for
complaint if recognition is extended byother governments to the de factogovernment.
-
8/12/2019 Recognition Report
25/43
Three kinds of de facto
governments are the following:
1. Those established by the inhabitants whorise in revolt against and depose the
legitimate regime.
2. Those established in the course of war bythe invading forces of one belligerent in theterritory of the other belligerent, the
government of which is also displaced.
3. Those established by the inhabitants of astate who secede therefrom withoutoverthrowing its government.
-
8/12/2019 Recognition Report
26/43
Tobaror Wilsonprinciple
Recognition shall not be extended toany government established by
revolution, civil war, coup detatorother forms of internal violence until
the freely elected representatives of thepeople have organized a constitutional
government.
-
8/12/2019 Recognition Report
27/43
TheStimson principlestates that it was
incumbent upon the members of theLeague of Nations not to recognize any
situation, treaty or agreement whichmay be brought about by means
contrary to the Covenant of the Leagueof Nations or to the Pact of Paris.
-
8/12/2019 Recognition Report
28/43
Under theEstrada doctrine, the Mexicangovernment declared that it would, as it sawfit, continue or terminate its relations withany country in which a political upheaval
had taken place and in so doing it does notpronounce judgment, either precipitately ora posteriori, regarding the right of foreign
nations to accept, maintain or replace their
governments or authorities.
The practice of most states now is to
-
8/12/2019 Recognition Report
29/43
The practice of most states now is to
extend recognition to a new
government through the application of
these two tests:Objective Test
that the new governmenthas control of the
administrative machinery
of the state with popularacquiescence;
imports that thegovernment must be able
to maintain order withinthe state to repel externalaggression.
Subjective Test
that it is willing to complywith its international
obligation;
employed for the purposeof justifying thewithholding of
recognition from a
government that ispolitically unacceptable.
-
8/12/2019 Recognition Report
30/43
If a government satisfies theaforementioned tests, it is usually
recognized asde jure. Where there isno indication of the kind of recognition
being extended, the presumption isthat it is de jure.
-
8/12/2019 Recognition Report
31/43
Recognition de jure
Relatively permanent
Vests title in thegovernment to itsproperties abroad
Brings about to fulldiplomatic relations
Recognition de facto
Provisional
Does not vest title
Limited to certainjuridical relations
-
8/12/2019 Recognition Report
32/43
EFFECTS OF
RECOGNITION OF STATES
AND GOVERNMENTS
-
8/12/2019 Recognition Report
33/43
Full diplomatic relations, exceptwhere the government recognized is
de facto;
Acquisition of the right to sue in thecourts of the recognizing state.
However, mere breach of diplomatic
relations does not have the effect ofwithdrawing the right to sue;
-
8/12/2019 Recognition Report
34/43
Doctrine of State Immunity
to cite a foreign sovereign in the municipal courts ofanother state would be an insult which he is entitled toresent and would certainly vex the peace of nations.
Immunity from the jurisdiction of the courts of therecognizing state;
Right to the possession of the properties of its predecessor;and
All acts are validated retroactively, preventing therecognizing state from passing upon their legality in itsown courts.
Consequences of
-
8/12/2019 Recognition Report
35/43
Consequences ofrecognition of
governments:A duly recognized revolutionary government
has capacity to sue in the courts of therecognizing state;
A foreign state or government may sue onlywhen it is recognized; but whether recognized
or not, it cannot be sued; and
The recognition of a successful revolutionarygovernment has a retroactive effect andvalidates prior acts of the same government;
-
8/12/2019 Recognition Report
36/43
-
8/12/2019 Recognition Report
37/43
When the inhabitants of a state riseup in arm for the purpose ofoverthrowing the legitimate
government, a state of belligerencyexists.
-
8/12/2019 Recognition Report
38/43
Insurgency
o Initial stage of abelligerency
Directed by militaryauthorities
Usually not recognized
Belligerency
More serious andwidespread
Under a civil government
Settled rules existregarding its recognition
-
8/12/2019 Recognition Report
39/43
Generally, belligerency is supposedto be a merely internal affair of the
state. However, any damage cause bythe rebels to a third state isimputable to the legitimate
government.
-
8/12/2019 Recognition Report
40/43
When the conflict widens and aggravates, it may be necessary toconsider the formal recognition of the belligerent community,
under the establishment of the following conditions:
There must be an organized civil government directing the rebelforces;
There rebels must occupy a substantial portion of the territory ofthe state;
The conflict between the legitimate government and the rebels
must be serious, making the outcome uncertain; and
The rebels must be willing and bale to observe the laws of war.
-
8/12/2019 Recognition Report
41/43
CONSEQUENCES OF
RECOGNITION OF
BELLIGERENCY
-
8/12/2019 Recognition Report
42/43
Upon recognition by the parent state,the belligerent community is
considered as separate state for thepurposes of the conflict it is wagingagainst the legitimate government.
Their relations with each other shall be,for the duration of the hostilities,
governed by the laws of war, and their
relations with other states shall besubject to the laws of neutrality.
-
8/12/2019 Recognition Report
43/43
Where the recognition is extendedby third states, the above
consequences are effective only as to
them and do not bind other statesnot extending recognition. It is only
where the recognition is made by theparent state that the effects thereof
become general and are legallyapplicable to all other states.
top related