National recognition

National recognition
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Recognition of state refers to the recognition and acceptance of new countries by existing countries legal consequence , the act of establishing relations with the new country. [1-2]
The recognition of the new country by the existing country is the beginning of its exchanges with the recognized country. [2]
Chinese name
National recognition
Foreign name
recognition of state
Nature
Unilateral political acts of States
Conditions
Having national elements and conforming to international law
Mode
Express or implied manner
Scope
Legal and factual recognition

catalog

nature

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From the perspective of whether existing countries recognize new countries: recognition is unilateral political behavior Because international law does not impose obligations on countries to recognize new countries, nor does it give new countries the right to be recognized by other countries. Whether a country recognizes a new country is a matter within its sovereignty, which is freely decided by it according to the needs of international relations and foreign policy. However, once the existing country recognizes the new country, its behavior is a kind of behavior with legal significance, which will produce legal effects. [2]
From recognition of Subject of international law From the perspective of qualification influence: there are two theories, namely, constructive theory and declaratory theory. According to the constitutive theory, the existence of a new country as a country does not need to be recognized, and the non recognition of other countries does not affect its existence. The necessity of recognition is to make the country become an international personality and a member of the international community. There is also a view that recognition and determination of a new country meet the conditions that must be met for national qualification, that is, the existence of a country as a legal fact must be determined by an existing country. After recognition, international rights and obligations attached to national qualification occur between the recognized country and the recognized country, so recognition is constitutive.
According to the declaration theory, recognition is only the confirmation or declaration of the existing countries to the fact that the new countries exist, and does not have the role of creating international personality. The subject qualification of a new country in international law depends on the fact that it has become a country. It is recognized that a country that does not exist cannot become a legal existence. If a country actually exists, it can exist even if it has not been recognized; No matter whether other countries formally recognize it or not, this country has the right to be treated as a country by other countries. The main task of recognition is to declare that something not clear has become a fact, and declare that the recognizing country is ready to accept the normal consequences of this fact, that is, the common etiquette of international exchanges. [2]

condition

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The recognition of the new country by the existing country must comply with the following two conditions:
The new political entity has the elements of the state. This condition requires that the object of recognition must be a State entity, not another entity. Because the recognition of the new country by the existing country means that it has the subject qualification of international law and is willing to conduct comprehensive international exchanges with it. Therefore, to be recognized as a political entity, it must have four elements of national composition. Entities without these four elements cannot conduct comprehensive international exchanges, even if they are subjects of international law.
New country meets International law Principles. This condition requires that the political foundation established by the recognized new country must conform to the principles of international law, and only existing countries can recognize it. For countries established in violation of the principles of international law, the existing countries should not recognize them, but should oppose the fact that they exist. This is an obligation of non recognition imposed on States by international law. [2]

mode

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International law does not stipulate the way of state recognition. In practice, a state expresses its recognition of a new state either explicitly or implicitly.
Express recognition means that the existing countries, through unilateral note , letters, telegrams or statements, etc.
Implied/tacit recognition refers to the recognition of existing countries to new countries through some practical actions. For example, to establish diplomatic or consular relations with a new country, conclude bilateral treaties, and vote in an intergovernmental international organization to admit the new country as a member of the organization. However, participation in international organizations or conferences with the new country, or only having some kind of de facto contact with the new country, which has no intention of recognition, does not constitute implicit recognition. [2]

Range

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The scope of recognition of existing countries to new countries includes legal recognition and de facto recognition.
Legal recognition refers to the established and complete recognition given by the existing country to the new country, which means that the recognized country is willing to conduct comprehensive exchanges with the recognized country, thus constituting the legal basis for the development of normal relations between the two countries.
The de facto recognition refers to the fact that the existing countries are unwilling to immediately establish comprehensive relations with the new country due to their consideration of international relations or lack of confidence in the consolidation of the new country's status, but actually need to carry out certain exchanges with the new country, so they give the new country a de facto recognition, Establish contact with it in a relatively small scope temporarily. It usually involves exchanges in economy, trade, commerce, culture and science and technology, without political, diplomatic and military relations. Actual recognition is incomplete, temporary and revocable. Generally, it has developed into legal recognition. [2]

effect

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Generally speaking, the recognition of the new country by the existing country means that it has accepted the new country's status in the international community and all the rights and obligations it usually has as a country. The legal effects of recognition in the relationship between the two countries are mainly reflected in the following aspects:
The legal recognition given by existing countries to new countries has laid the legal foundation for comprehensive exchanges between the two countries. Therefore, the two countries will conclude treaties and conduct exchanges and cooperation in politics, economy, culture, science and technology. To this end, diplomatic and consular relations will be established and embassies and consulates will be set up to facilitate and promote exchanges and cooperation between the two countries. However, the de facto recognition does not produce political relations between the two countries, nor does it establish diplomatic and consular relations.
The recognizing State shall recognize the legislative, judicial and administrative validity of the recognized State.
The recognizing State recognizes the property rights of the recognized State Litigious right and immunity [2]

difference

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Recognition of a country or government is the act of an existing country that confirms the fact that a new country or government has emerged in a certain way and expresses its willingness to establish formal diplomatic relations with it. As a system of international law, recognition can cause certain legal effects: once it is announced, recognition has laid a legal foundation for comprehensive exchanges between the recognizing and recognized countries. Moreover, recognition is generally retroactive, and its effect can be traced back to the establishment of a new country or government.
State recognition refers to the recognition of a new country, which may result from merger, separation, separation, independence, etc. A new country can establish diplomatic relations with another country after it is recognized by the other country.
Government recognition It is to recognize a newly established government and express to establish or maintain normal relations with it. This newly established government is usually generated by non constitutional procedures such as revolution or coup, and there is no recognition problem for normal government changes. In practice, countries often recognize a new government according to the principle of "effective governance". The connection and difference between state recognition and government recognition are as follows: to recognize a new country is to recognize the emergence of a new subject of international law, while recognizing a new government does not involve the subject of international law; To recognize a new country is, of course, to recognize its government, but to recognize a new government is only to recognize the change of that government. [3]