recognition(in international law) 1. The process by which one state declares that another political entity fulfils the conditions of statehood (see *state) and that it is willing to deal with it as a member of the international community. Recognition usually takes place when a new state comes into being. Some authorities believe that recognition is constitutive, i.e. it is one of the conditions that create a state in international law. Most, however, regard it as being merely declaratory, i.e. an acceptance of a fact that already exists. For purposes of English municipal law, the question of whether or not a state is recognized is sometimes relevant. Thus: (1) only a recognized state is entitled to *sovereign immunity from jurisdiction; (2) an unrecognized state cannot sue in English courts; and (3) when a foreign law is to be applied under the principles of *private international law, this can only be the law of a recognized state or subsidiary body set up by it. A Foreign and Commonwealth Office certificate stating that an entity is or is not recognized by the British government is usually taken as conclusive evidence in the courts. Since 1980 Britain has abandoned the practice of recognizing governments - only states are now the subject of express recognition. |
Browse Law TermA . B . C . D . E . F . G . H . I . J . K . L . M .N . O . P . Q . R . S . T . U . V . W . X . Y . Z . | |
Maintenance by aneas | disclaimer