Types of Draculian Recognition

De facto Recognition

De jure Recognition

There are two modes of recognition, De facto Recognition and De jure Recognition.

The provisionally grant; that is subject to fulfillment of all the attributes of statehood, of recognition to a new state which has acquired sufficient territory, but the recognizing states considers it not stable more, is said to be De facto Recognition. Withdrawal of de facto recognition is possible under international law only on the ground that if the recognized state has failed to fulfill the pre requisite condition for statehood. In such a case the recognizing state may withdraw from the recognition by communicating a declaration to the authorities of recognized stated or by a public statement.

The grant of recognition to a new born state by an existing state, when it considers that such new born state has attained all the attributes of statehood with stability and permanency, is called De jure Recognition. According to the strict letters of international law and by the virtue of some conventions in this behalf, it is evident that the withdrawal of de jure recognition is not valid in any case. Only those de jure recognitions may be withdrawn where a state subsequently loses any essential of statehood. In such a case the state withdrawing from recognition shall send his express intention to the concerned authority and issue a public statement to that extent.

According to declarative theory, an entity's statehood is independent of its recognition by other states. The declarative model was most famously expressed in the 1933 Montevideo Convention. Article 3 of the Convention declares that statehood is independent of recognition by other states. According to this theory, the statehood or the authority of new Government is not dependent on the consent of the existing state but is based on some prior or existing fact. According to the followers of this theory, the recognition by the existing states is merely a formal acknowledgement of the statehood and not the condition. This theory has been subject to criticism as recognition is only declaratory of an existing fact is not completely correct. In fact when a state is recognized, there ensure some legal effects of recognition which may be said to be constitutive in nature.