Recognition of States in International Law

Abstract

Principles of the Recognition of States.To recognize a community as a State is to declare that it fulfills the conditions of statehood as required by international law.If these conditions are present, existing States are under the duty to grant recognition.In the absence of an international organ competent to ascertain and authoritatively to declare the presence of requirements of full international personality, States already established fulfill that function in their capacity as organs of international law.In thus acting they administer the law of nations.This rule of law signifies that in granting or withholding recognition States do not claim and are not entitled to serve exclusively the interests of their national policy and convenience regardless of the principles of international law in the matter.Although recognition is thus declaratory of an existing fact, such declaration, made in the impartial fulfillment of a legal duty, is constitutive, as between the recognizing State and the new community, of international rights and duties associated with full statehood.Prior to recognition such rights and obligations exist only to the extent to which they have been expressly conceded or legitimately asserted by reference to compelling rules of humanity and justice, either by the existing members of international society or by the community claiming recognition.,These principles are believed to have been accepted by the preponderant practice of States.They are also considered to represent rules of conduct most consistent with the fundamental requirements of international law conceived as a system of law.However, while followed in praci