Recognition of States and Governments in International Law

TLDRThis video explains the criteria for statehood and the importance of recognition in international law. It explores two theories of recognition - declaratory and constitutive - and discusses the practical issues that arise when a new entity seeks recognition. The video also covers de facto and de jure recognition, as well as the role of the United Nations Security Council.

Key insights

🌍Recognition of states and governments is a fundamental aspect of international law.

🏛️The Montevideo Convention outlines the criteria for statehood.

🤝Recognition from other countries is essential for a new entity to be accepted as a state.

📜Declaratory theory views recognition as irrelevant to statehood, while constitutive theory sees it as a requirement.

🔒Recognition has practical implications, such as foreign judgments and movement of people.

Q&A

What are the criteria for statehood?

The criteria for statehood include a permanent population, a specific territory, a government's control, and the ability to establish international relations.

Why is recognition important?

Recognition offers legitimacy and enables foreign relations with other countries.

What is the difference between de facto and de jure recognition?

De facto recognition acknowledges a new government's control over a territory, while de jure recognition refers to a government recognized as the legitimate power holder but without complete control over its territory.

What are the two theories of recognition?

The two theories of recognition are declaratory theory and constitutive theory.

Can the United Nations Security Council impose non-recognition of a government?

Yes, the United Nations Security Council can impose non-recognition of a government and prohibit entering into relations with it.

Timestamped Summary

00:05The Montevideo Convention outlines the criteria for statehood in international law.

00:26Recognition of states is a political act that can grant statehood status.

00:49Recognition of statehood raises practical issues, such as foreign judgments and movement of people.

01:29Declaratory theory views recognition as irrelevant to statehood, while constitutive theory sees it as a requirement.

01:38Recognition of a new government's control over a territory is called de facto recognition.

01:54De jure recognition refers to a government recognized as the legitimate power holder.

02:17The United Nations Security Council can impose non-recognition of a government.

02:25The apartheid regime in Zimbabwe was subject to non-recognition.