The actors in the international legal system - The state - Recognition

4 important questions on The actors in the international legal system - The state - Recognition

What is the difference between recognizing a state and recognizing a government?

The state is the legal entity, the government merely represent the acts on behalf of the state. Example: lack of recognizing Taliban government did not mean lack of recognition Afghanistan as a state.

Why is the constitutive approach to recognition of states (precondition for statehood) highly problematic in practical application?

- The issue of relativism: If a state only exists in relation to another state that has recognized it, there would be only relative existence, no absolute existence.
- Question of quantity: how many states must recognize an entity for it to become a state?
- Question of who: Is the recognition of some states more important than others?

Why is recognition still relevant in the declaratory approach to the recognition of states?

- Recognition reflects that other states believe that an entity fullfils the conditions for statehood.
- Recognition has practical importance in interstate relations.
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What is the difference between the declaratory view and the constitutive view on the recognition of states?

The declaratory view means that the creation of states is primarily a matter of law and the fulfillment of legal criteria, while the constitutive view holds that recognition by other states is a precondition for statehood.

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