Explain recognition of states pertains, Business Law and Ethics

Assignment Help:

Explain Recognition of States pertains

Recognition of States pertains to whether a state exists or not, meaning thereby, the participants of global community should recognize that the new State has fulfilled the criterion for the Statehood. As has been discussed previously, certain requirements  should  be  satisfied  in  order  to  be  classified  under  Statehood  i.e.  territory, population, government and sovereignty. Once, all these requirements are fulfilled, legal sanction is conferred upon that State and formal recognition is extended to it. There are two theories that regulate a State's framework, namely, Constitutive theory - wherein, a political act of recognition is required as a precondition for the existence of legal rights and the declaratory theory - wherein, the recognition of a new State is a political act, which is in principle, independent of the existence of the new State as a full subject of international law. However, there is an anti thesis involved in the theories which states that by virtue of mere non recognition of a state, it doesn't cease to exist, hence, emphasizing the inherent weakness of constitutive theory. In 1988, constitutive theory came into the frontline but after analyzing its flaws, most of the States reverted to the declaratory theory.  For example, Palestinian Liberal Organization (PLO) created a State but, had no control over it. Later, a declaration was issued by other States and recognition was given to PLO even though an essential element was missing in the statehood requirements. The query pertaining to this was whether an act of recognition can make up for the deficiency of an essential element of Statehood.

For example, in 1971 after the Indo-Pakistan war, the issue was regarding the recognition of Bangladesh by Pakistan as an independent State. Similarly, the US recognizes Cuba and that it meets all  the  elements of  statehood. The US along with other States never recognized the statehood of the South African homelands/Bantustans (Bophuthatswana, Ciskei, Transkei, etc.) that  the  apartheid  government  of  South  Africa  tried  to  create  in  the  1970s  and  1980s. Furthermore, most Arab countries refused to recognize the state of Israel, believing that the creation of that state was illegal under international law. Greece refused to recognize the state of Macedonia, created from part of Yugoslavia. Also, after the partition of India and Pakistan in 1947, the problem was to recognize two new States entities under international law. The first state to recognize Pakistan as an international entity was Iran


Related Discussions:- Explain recognition of states pertains

What is the use of reprisal, What is the use of reprisal the use of rep...

What is the use of reprisal the use of reprisal should also be categorized under the heading of the lawful use of force. It is defined as a counter action taken by a state to p

Business law, Jerry contracted with Sally to purchase Sally’s Restaurant fo...

Jerry contracted with Sally to purchase Sally’s Restaurant for $50,000ion #Minimum 100 words accepted#

Analyse the extent of the criminal liability, One night Mr Kokintou and Ms ...

One night Mr Kokintou and Ms Mangetou, entered into a housethrough a window which was negligently left open by the owner of the house.  Whilst Ms Mangetou was keeping guard at the

Loans - void contracts, Loans - Void Contracts However all loans made ...

Loans - Void Contracts However all loans made for an infant are void and irrevocable.  Since in Leslie Ltd. v. Sheill the infant defendant had obtained two advances of two hun

Tort law and employment law, Tort law and Employment law: Pat, a build...

Tort law and Employment law: Pat, a builder, is an employee of Tom's. One day on site the scaffolding that Pat is standing on collapses and he suffers personal injuries. The s

Recommendations for addressing phoenix activities, Recommendations for addr...

Recommendations for addressing phoenix activities Over the past two decades there have been a significant range of proposals for addressing phoenix activity. Most of these opt

Show the cross agency actions, Q. Show the Cross agency actions ? As al...

Q. Show the Cross agency actions ? As already described, the ASIC, ATO and FWO all have responsibilities in investigating and monitoring elements of phoenix activity. This mean

What are the advantages of doctrine of judicial precedent, What are the adv...

What are the advantages of doctrine of judicial precedent? Advantages of doctrine of judicial precedent: a. Makes it more clearly in terms of chances of winning case should

What are the implied obligations of the employer, Question 1: With the ...

Question 1: With the enactment of the Labour Act 1975, how far has the freedom of the employer to unilaterally terminate contracts of employment been abrogated? Question 2:

Arbitration is overriding condition in business contracts, QUESTION 1 A...

QUESTION 1 Arbitration is an overriding condition in all business contracts. Without a clause for arbitration business relationship is bound to suffer. Critically examine this

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd