international law

1. Lecture 8 & 9
Criteria of Statehood
&
Territorial Sovereignty

2. A) Recognition of State
• When ones state recognised another entity as
a ‘state’.
• The importance of being recognised: only
‘state’ can acquire international legal
personality (by the recognising state)

3. • The time of recognition is important because
at that time, the recognised state will have
international legal personality by the
recognizing state.

4. • There are 3 theories in recognition:
a)constitutive
b)declaratory
c)hybrid

5. • ‘formal acknowledgement or acceptance by a
government of the independence and
sovereignty of a newly created state or of a
newly established government in another
state, especially one establishing by
revolution’.

6. a) Constitutive Theory
• The act of recognition itself will make a
political entity into a state and therefore
became a subject of international law.
Exception to this theory – Taiwan.
• Although only 20 states recognised Taiwan
(Malaysia excluding), nevertheless it has
entered into international relations with
almost every other states in the world.

7. b) Declaratory Theory
• An entity will become a state and subsequently
become a subject of international law as soon as
it has all the four traditional qualifications for
recognition. Exception to this – Palestine.
• Recognised by more than 70 states (including
Malaysia) and have observer status as United
Nations (PLO) BUT it does not have a defined
territory or habited by ‘permanent’ population
and ‘effective’ government.

8. c) Hybrid Theory
• Arise because both the constitutive and
declaratory theory is not widely accepted by
the majority states.
• There must be a merger between these two
theories.

9. Constitutive Declaratory

10. • According to hybrid theory:
a state can exist in fact as a subject of
international law as soon as it satisfies the
conditions of statehood, but it can only realise
its full potential (as a state) only after it has
been recognised.

11. B) Recognition of Government
• If there’s a change of government in a state,
then there’s a need to recognised the new
government.
• There is no need to recognise if the new
government succeeded the old government
by lawful means: Election.

12. • Problem arise when it is done through
unlawful means.
• For example revolution and non-constitutional
means.

13. • In order for the new government to be
recognised, it must:
a) be effective
b) have exclusive control over the territory of
the state
c) demonstrate its ability to honour
international obligations
d) be representative of all shades of opinion.