Diplomatic recognition
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Diplomatic recognition in
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
is a unilateral declarative political act of a state that acknowledges an act or status of another state or
government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
in control of a state (may be also a recognized state). Recognition can be accorded either on a '' de facto'' or ''
de jure In law and government, ''de jure'' (; ; ) describes practices that are officially recognized by laws or other formal norms, regardless of whether the practice exists in reality. The phrase is often used in contrast with '' de facto'' ('from fa ...
'' basis. Partial recognition can occur if many sovereign states refuse to recognize an entity as a peer. Recognition can be a declaration to that effect by the recognizing government or may be implied from an act of recognition, such as entering into a
treaty A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
with the other state or making a
state visit A state visit is a formal visit by the head of state, head of a sovereign state, sovereign country (or Governor-general, representative of the head of a sovereign country) to another sovereign country, at the invitation of the head of state (or ...
. Recognition may, but need not, have domestic and international legal consequences. If sufficient countries recognize a particular entity as a state, that state may have a right to membership in
international organization An international organization, also known as an intergovernmental organization or an international institution, is an organization that is established by a treaty or other type of instrument governed by international law and possesses its own le ...
s, while treaties may require all existing member countries unanimously agreeing to the admission of a new member. A vote by a country in the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
in favour of the membership of another country is an implicit recognition of that country by the country so voting, as only states may be members of the UN. On the other hand, a negative vote for UN membership does not necessarily mean non-recognition of the applicant as a state, as other criteria, requirements or special circumstances may be considered relevant for UN membership. Similarly, a country may choose not to apply for UN membership for its own reasons, as is the case with
Vatican City Vatican City, officially the Vatican City State (; ), is a Landlocked country, landlocked sovereign state and city-state; it is enclaved within Rome, the capital city of Italy and Bishop of Rome, seat of the Catholic Church. It became inde ...
, and
Switzerland Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north, and Austria and Liechtenstein to the east. Switzerland ...
was not a member until 2002 because of its concerns to maintain its neutrality policy. The non-recognition of particular acts of a state does not normally affect the recognition of the state itself. For example, the international rejection of the occupation of particular territory by a recognized state does not imply non-recognition of the state itself, nor a rejection of a change of government by illegal means.


Recognition of states and governments

Diplomatic recognition must be distinguished from formal recognition of states or their governments. The fact that states do not maintain bilateral diplomatic relations does not mean that they do not recognize or treat one another as states. A state is not required to accord formal bilateral recognition to any other state, and some have a general policy of not doing so, considering that a vote for its membership of an international organisation restricted to states, such as the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
, is an act of recognition.


History

Some consider that a state has a responsibility not to recognize as a state any entity that has attained the qualifications for statehood by a violation of basic principles of the UN Charter: the UN Security Council has in several instances ( Resolution 216 (1965) and Resolution 217 (1965), concerning
Rhodesia Rhodesia ( , ; ), officially the Republic of Rhodesia from 1970, was an unrecognised state, unrecognised state in Southern Africa that existed from 1965 to 1979. Rhodesia served as the ''de facto'' Succession of states, successor state to the ...
; Resolution 541 (1983), concerning
Northern Cyprus Northern Cyprus, officially the Turkish Republic of Northern Cyprus (TRNC), is a ''de facto'' state that comprises the northeastern portion of the Geography of Cyprus, island of Cyprus. It is List of states with limited recognition, recognis ...
; and Resolution 787 (1992), concerning the
Republika Srpska Republika Srpska ( sr-Cyrl, Република Српска, ; also referred to as the Republic of Srpska or Serb Republic) is one of the two Political divisions of Bosnia and Herzegovina, entities within Bosnia and Herzegovina, the other bein ...
) issued Chapter VII resolutions (binding in international law) that denied their statehood and precluded recognition. In the 2010 International Court of Justice advisory opinion on Kosovo's declaration of independence, the ICJ ruled that "general international law contains no applicable prohibition of declarations of independence." The Court carefully noted "that in all of those instances the Security Council was making a determination as regards the concrete situation existing at the time that those declarations of independence were made; the illegality attached to the declarations of independence thus stemmed not from the unilateral character of these declarations as such, but from the fact that they were, or would have been, connected with the unlawful use of force or other egregious violations of norms of general international law, in particular, those of a peremptory character (jus cogens). In the context of Kosovo, the Security Council has never taken this position. The exceptional character of the resolutions enumerated above appears to the Court to confirm that no general prohibition against unilateral declarations of independence may be inferred from the practice of the Security Council." States can exercise their recognition powers either explicitly or implicitly. The recognition of a government implies recognition of the state it governs, but even countries which have a policy of formally recognising states may not have a policy of doing the same regarding governments. ''De facto'' recognition of states, rather than ''de jure'', is rare. ''De jure'' recognition is stronger, while ''de facto'' recognition is more tentative and recognizes only that a government exercises control over a territory. An example of the difference is when the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
recognized the Soviet state ''de facto'' in 1921, but ''de jure'' only in 1924. Another example is the state of
Israel Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...
in 1948, whose government was immediately recognized ''de facto'' by the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
and three days later ''de jure'' by the
Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
. Another example is the
Republic A republic, based on the Latin phrase ''res publica'' ('public affair' or 'people's affair'), is a State (polity), state in which Power (social and political), political power rests with the public (people), typically through their Representat ...
of Indonesia which was whose government was recognized ''de facto'' by the
Netherlands , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
in 1946 and ''de jure'' by the international community in 1949. Also, the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...
, commonly known as "
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...
", is generally recognized as ''de facto'' independent and sovereign, but is not universally recognized as ''de jure'' independent due to the complex political status of Taiwan related to the United Nations' withdrawal of recognition in favor of the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
in 1971. Renewing recognition of a government is not necessary when it changes in a normal, constitutional way (such as an
election An election is a formal group decision-making process whereby a population chooses an individual or multiple individuals to hold Public administration, public office. Elections have been the usual mechanism by which modern representative d ...
or
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
), but may be necessary in the case of a coup d'etat or
revolution In political science, a revolution (, 'a turn around') is a rapid, fundamental transformation of a society's class, state, ethnic or religious structures. According to sociologist Jack Goldstone, all revolutions contain "a common set of elements ...
. Recognition of a new government by other states can be important for its long-term survival. For instance, the Taliban government of the Islamic State of Afghanistan, which lasted from 1996 to 2001, was recognized only by
Pakistan Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
, the
United Arab Emirates The United Arab Emirates (UAE), or simply the Emirates, is a country in West Asia, in the Middle East, at the eastern end of the Arabian Peninsula. It is a Federal monarchy, federal elective monarchy made up of Emirates of the United Arab E ...
, and
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in West Asia. Located in the centre of the Middle East, it covers the bulk of the Arabian Peninsula and has a land area of about , making it the List of Asian countries ...
, while far more had recognized the government of ousted President Burhanuddin Rabbani. India's administration of Jammu and Kashmir, part of a disputed territory, is not recognized by either
Pakistan Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
or the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
, and the
Republic of Turkey Turkey, officially the Republic of Türkiye, is a country mainly located in Anatolia in West Asia, with a relatively small part called East Thrace in Southeast Europe. It borders the Black Sea to the north; Georgia (country), Georgia, Armen ...
. Recognition can be implied by other acts, such as a visit of the
head of state A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representative of its international persona." The name given to the office of head of sta ...
, or the signing of a bilateral treaty. If implicit recognition is possible, a state may feel the need to explicitly proclaim that its acts do not constitute diplomatic recognition, like when the United States commenced its dialogue with the
Palestine Liberation Organization The Palestine Liberation Organization (PLO; ) is a Palestinian nationalism, Palestinian nationalist coalition that is internationally recognized as the official representative of the Palestinians, Palestinian people in both the occupied Pale ...
in 1988. Formal diplomatic recognition can be used as a tool of political influence with examples including European Community's conditional recognition of independence of former republics of SFR Yugoslavia in early 1990s dependent on new states commitment to protection of
human Humans (''Homo sapiens'') or modern humans are the most common and widespread species of primate, and the last surviving species of the genus ''Homo''. They are Hominidae, great apes characterized by their Prehistory of nakedness and clothing ...
and national minorities rights.


Withdrawal of recognition

A state may withdraw diplomatic recognition of another state (despite doing so being specifically banned by the 1933 Montevideo Convention) or simply refuse to deal with that other country, after withdrawing from all diplomatic relations with that country, such as embassies and consulates, and requiring the other country to do the same. The state may appoint a protecting power to represent its interests in the other state. The doctrine of non-recognition of illegal or immoral situations, like territorial gains achieved by
force In physics, a force is an influence that can cause an Physical object, object to change its velocity unless counterbalanced by other forces. In mechanics, force makes ideas like 'pushing' or 'pulling' mathematically precise. Because the Magnitu ...
, is called the Stimson Doctrine, and has become more important since the
Second World War World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, especially in the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
where it is a method of ensuring compliance with
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
– for instance, in the case of
Rhodesia Rhodesia ( , ; ), officially the Republic of Rhodesia from 1970, was an unrecognised state, unrecognised state in Southern Africa that existed from 1965 to 1979. Rhodesia served as the ''de facto'' Succession of states, successor state to the ...
in 1965. Withdrawal of recognition of a government is a more severe act of disapproval than the breaking of diplomatic relations.


Recognition of governments

Besides recognizing other states, states also can recognize the governments of states. This can be problematic particularly when a new government comes to power by illegal means, such as a coup d'état, or when an existing government stays in power by fixing an election. States once formally recognized both the government of a state and the state itself, but many no longer follow that practice, even though, if diplomatic relations are to be maintained, it is necessary that there be a government with which to engage in diplomatic relations. Countries such as the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
answer queries over the recognition of governments with the statement: "The question of recognition does not arise: we are conducting our relations with the new government."


Unrecognized state

Several of the world's geopolitical entities lack general international recognition, but wish to be recognized as
sovereign states A sovereign state is a State (polity), state that has the highest authority over a territory. It is commonly understood that Sovereignty#Sovereignty and independence, a sovereign state is independent. When referring to a specific polity, the ter ...
. The degree of ''de facto'' control these entities exert over the territories they claim varies. Most are subnational regions with an
ethnic An ethnicity or ethnic group is a group of people with shared attributes, which they collectively believe to have, and long-term endogamy. Ethnicities share attributes like language, culture, common sets of ancestry, traditions, society, re ...
or national identity of their own that have separated from the original parent state. Such states are commonly referred to as "break-away" states. Some of these entities are in effect internally self-governing
protectorate A protectorate, in the context of international relations, is a State (polity), state that is under protection by another state for defence against aggression and other violations of law. It is a dependent territory that enjoys autonomy over ...
s that enjoy military protection and informal diplomatic representation abroad through another state to prevent forced reincorporation into their original states. The word "control" in this list refers to ''control'' over the area ''occupied'', not ''occupation'' of the area ''claimed''. Unrecognized countries may have either full control over their occupied territory (such as
Northern Cyprus Northern Cyprus, officially the Turkish Republic of Northern Cyprus (TRNC), is a ''de facto'' state that comprises the northeastern portion of the Geography of Cyprus, island of Cyprus. It is List of states with limited recognition, recognis ...
), or only partial control (such as
Western Sahara Western Sahara is a territorial dispute, disputed territory in Maghreb, North-western Africa. It has a surface area of . Approximately 30% of the territory () is controlled by the Sahrawi Arab Democratic Republic (SADR); the remaining 70% is ...
). In the former, the ''de jure'' governments have little or no influence in the areas they claim to rule, whereas in the latter they have varying degrees of control, and may provide essential services to people living in the areas.


Other types of recognition

Other elements that may be recognized include occupation or annexation of territory, or belligerent rights of a party in a conflict. Recognition of the latter does not imply recognition of a state. Formal recognition of belligerency, which is rare today, signifies that the parties to the civil war or other internal conflict "are entitled to excise belligerent rights, thus accepting that the rebel group possesses sufficient international personality to support the position of such rights and duties." Gary D. Solis, ''The Law of Armed Conflict: International Humanitarian Law in War'' (2d ed.: Cambridge University Press, 2016), p. 163. Extension of the rights of belligerency is usually done by other states, rather than by the government fighting the rebel group. (A 1907 report by William E. Fuller for the Spanish Treaty Claims Commission noted that "A parent state never formally recognizes the insurgents as belligerents, although it may in fact treat them as such by carrying on war against them in accordance with the rules and usages of international warfare.") Examples of recognition of belligerent status include: *In 1823, the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
recognized the Greek revolutionaries against the
Ottoman Empire The Ottoman Empire (), also called the Turkish Empire, was an empire, imperial realm that controlled much of Southeast Europe, West Asia, and North Africa from the 14th to early 20th centuries; it also controlled parts of southeastern Centr ...
as belligerents during the
Greek War of Independence The Greek War of Independence, also known as the Greek Revolution or the Greek Revolution of 1821, was a successful war of independence by Greek revolutionaries against the Ottoman Empire between 1821 and 1829. In 1826, the Greeks were assisted ...
. *The United Kingdom issued a proclamation of neutrality soon after the outbreak of the
American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...
, which "tacitly granted the Confederacy belligerent status, the right to contract loans and purchase supplies in neutral nations and to exercise belligerent rights on the
high seas The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regiona ...
."Preventing Diplomatic Recognition of the Confederacy, 1861–1865
, ''Milestones: 1861–1865'', U.S. Department of State,
Office of the Historian The Office of the Historian is an office of the United States Department of State within the Foreign Service Institute. It is legally responsible for the preparation and publication of the official historical documentary record of U.S. foreign p ...
.
Another right of significance accorded to belligerents that was seen as potentially significant at the time was the right to issue letters of marque. The British extension of belligerent recognition to the Confederacy greatly angered and concerned the United States, which strenuously and successfully worked to prevent full diplomatic recognition. *During the Nicaraguan Civil War, the Andean Group (
Bolivia Bolivia, officially the Plurinational State of Bolivia, is a landlocked country located in central South America. The country features diverse geography, including vast Amazonian plains, tropical lowlands, mountains, the Gran Chaco Province, w ...
,
Colombia Colombia, officially the Republic of Colombia, is a country primarily located in South America with Insular region of Colombia, insular regions in North America. The Colombian mainland is bordered by the Caribbean Sea to the north, Venezuel ...
,
Ecuador Ecuador, officially the Republic of Ecuador, is a country in northwestern South America, bordered by Colombia on the north, Peru on the east and south, and the Pacific Ocean on the west. It also includes the Galápagos Province which contain ...
,
Peru Peru, officially the Republic of Peru, is a country in western South America. It is bordered in the north by Ecuador and Colombia, in the east by Brazil, in the southeast by Bolivia, in the south by Chile, and in the south and west by the Pac ...
, and
Venezuela Venezuela, officially the Bolivarian Republic of Venezuela, is a country on the northern coast of South America, consisting of a continental landmass and many Federal Dependencies of Venezuela, islands and islets in the Caribbean Sea. It com ...
) "declared that 'a state of belligerency' existed in
Nicaragua Nicaragua, officially the Republic of Nicaragua, is the geographically largest Sovereign state, country in Central America, comprising . With a population of 7,142,529 as of 2024, it is the third-most populous country in Central America aft ...
and that the forces of the
Sandinista National Liberation Front The Sandinista National Liberation Front (, FSLN) is a socialist political party in Nicaragua. Its members are called Sandinistas () in both English and Spanish. The party is named after Augusto César Sandino, who led the Nicaraguan resistan ...
(FSLN) represented a 'legitimate army.Gerhard von Glahn & James Larry Taulbee, ''Law Among Nations: An Introduction to Public International Law'', 11th ed. (Taylor & Francis, 2017), p. 167. The declaration, made over the strong U.S. opposition, stated that the Sandinistas were eligible for "treatment and prerogatives" accorded to belligerents under international law. This declaration allowed the Andean countries to provide arms to the FSLN. *During the
Salvadoran Civil War The Salvadoran Civil War () was a twelve-year civil war in El Salvador that was fought between the government of El Salvador, backed by the United States, and the Farabundo Martí National Liberation Front (FMLN), a coalition of left-wing guer ...
,
France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
and
Mexico Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...
recognized the Farabundo Martí National Liberation Front in
El Salvador El Salvador, officially the Republic of El Salvador, is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south by the Pacific Ocean. El Salvador's capital and largest city is S ...
as a belligerent in August 1981.Sewall H. Menzel, ''Bullets Vs. Ballots: Political Violence and Revolutionary War in El Salvador, 1979–1991'' (
Lynne Rienner Publishers Lynne Rienner Publishers is an independent scholarly and textbook publishing firm based in Boulder, Colorado. It was founded in 1984 and remains one of the few independent publishers in the United States. It publishes primarily in the fields of ...
, 1994), p. 22.


See also

*
Constitutive theory of statehood A sovereign state is a state that has the highest authority over a territory. It is commonly understood that a sovereign state is independent. When referring to a specific polity, the term "country" may also refer to a constituent country, or a ...
*
Declarative theory of statehood A sovereign state is a state that has the highest authority over a territory. It is commonly understood that a sovereign state is independent. When referring to a specific polity, the term "country" may also refer to a constituent country, or a ...
*
Diplomacy Diplomacy is the communication by representatives of State (polity), state, International organization, intergovernmental, or Non-governmental organization, non-governmental institutions intended to influence events in the international syste ...
*
Montevideo Convention The Montevideo Convention on the Rights and Duties of States is a treaty signed at Montevideo, Uruguay, on December 26, 1933, during the Seventh International Conference of American States. At the conference, United States President Franklin D. R ...
*
International Organization for Standardization The International Organization for Standardization (ISO ; ; ) is an independent, non-governmental, international standard development organization composed of representatives from the national standards organizations of member countries. M ...
(ISO) *
International relations International relations (IR, and also referred to as international studies, international politics, or international affairs) is an academic discipline. In a broader sense, the study of IR, in addition to multilateral relations, concerns al ...
*
Jus legationis Right of legation (Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), t ...
*
List of states with limited recognition A number of polity, polities have declared independence and sought diplomatic recognition from the international community as sovereign states, but have not been universally recognised as such. These entities often have ''de facto'' control ...
*
Micronation A micronation is a polity, political entity whose representatives claim that they belong to an independent nation or sovereign state, but which lacks legal recognition by any sovereign state. Micronations are classified separately from list o ...
*
Non-recognition Non-recognition is the practice and legal obligation not to extend diplomatic recognition to annexations or de facto states created through violation of international law. It is a counterpart to the rejection of right of conquest in modern intern ...


References

* Tozun Bahcheli, Barry Bartmann, and Henry Srebrnik; ''De Facto States: The Quest for Sovereignty ,'' Routledge, (2004
online edition
* * * * * Stefan Talmon; ''Recognition of Governments in International Law: With Particular Reference to Governments in Exile'' Clarendon Press, (1998
online edition
* Gregory Weeks; "Almost Jeffersonian: U.S. Recognition Policy toward Latin America", ''Presidential Studies Quarterly,'' Vol. 31, 2001
online edition
* {{DEFAULTSORT:Diplomatic Recognition International law