国际法修改稿.docVIP

I、Recognition 一、DefinitionRecognition is best defined as the willingness to deal with another state or government representing the state as a member of the international community. 二、The theoretical issue As is so often the case with international law, discussion of recognition has led to the development of two competing theories. They are the constructive theory and the declaratory theory. The principal question which the two theories attempt to answer is whether recognition is a necessary requirement for, or merely a consequence of, international personality. The constructive theory argues that it is the act of recognition which constitutes a new State. The declaratory theory suggests that the formation of a new subject of international law is a matter of fact not law. A new State can, therefore, come into existence irrespective of whether it has been recognized by existing States. In other words the declaratory theory contends that an entity is a state once the four conditions for statehood are met, regardless of what other states do or say. The constructive theory contends that only when other states decide that such conditions have been met, and consequently acknowledge the legal capacity of the new state, is a new state actually constituted. In fact the declaratory theory is more widely supported by scholars. 三、Recognition of states 1、premise of recognition of states(1) incorporation (2) separation (3) disintegration (4) independence 2、Express recognition tacit recognitionPublic acts of recognition include formal notes（正式照会）, letters and telegrams sent through diplomatic envoys（外交使节）; formal oral public announcements. A change in government does not affect the recognition of the state itself by other states. The government is overthrown does not mean the state itself will thus cease to exit. There actually are two sets of recognitions: the recognition of a state and the recognition of governments. The recognition and non-recognition of a state will inf