Nobody downloaded yet

The role and function of the declaratory and constitutive theories of state recognition, in the international community, and having regard to the distinction be - Essay Example

Comments (0) Cite this document
Summary
Critically evaluate the role and function of the declaratory and constitutive theories of state recognition, taking into account their application in the international community, and having regard to the distinction between recognition of states and recognition of…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96% of users find it useful
The role and function of the declaratory and constitutive theories of state recognition, in the international community, and having regard to the distinction be
Read TextPreview

Extract of sample "The role and function of the declaratory and constitutive theories of state recognition, in the international community, and having regard to the distinction be"

Download file to see previous pages States are the most important “components of the international legal system”.2 In this regard, the 1933 Montevideo Convention provides a legal framework in international law for the necessary conditions for the acquisition of statehood3. The practice of customary international law and relations however, demonstrate that the institution of state recognition has an important role to play in the formation and acceptance of new entities calling themselves states. State recognition is also closely tied to the acceptance or refusal to accept what is essentially an unconstitutional change of government. While this aspect of statehood is not as important as state recognition, it nonetheless produces a series of consequences under international law, particularly the establishment of diplomatic relations and international personality.
Unfortunately, the institution of state recognition is not firmly settled in international law. As a result, theoreticians and practitioners have developed two competing theories directly applicable to the institution of state recognition and its legal effect on statehood. These theories are known as the constitutive and declaratory theories and neither are capable of practical application in their pure form. The manner and degree to which each of these theories can be applied largely depends of extralegal factors. The result is, the international legal regime with respect to the conditions necessary for obtaining statehood is uncertain, unclear and unpredictable. Inevitably the aims and objectives of international law, which are to create a reliable and consistent body of law, is compromised.
It is important to point out however, that international law is a relatively young and inconsistent body of law in which customary norms are not historical, but rather the actual source of law-making and for this reason, the practice is of far greater significance than in ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The role and function of the declaratory and constitutive theories of Essay”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1560486-the-role-and-function-of-the-declaratory-and-constitutive-theories-of-state-recognition-in-the-international-community-and-having-regard-to-the-distinction-be
(The Role and Function of the Declaratory and Constitutive Theories of Essay)
https://studentshare.org/miscellaneous/1560486-the-role-and-function-of-the-declaratory-and-constitutive-theories-of-state-recognition-in-the-international-community-and-having-regard-to-the-distinction-be.
“The Role and Function of the Declaratory and Constitutive Theories of Essay”, n.d. https://studentshare.org/miscellaneous/1560486-the-role-and-function-of-the-declaratory-and-constitutive-theories-of-state-recognition-in-the-international-community-and-having-regard-to-the-distinction-be.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The role and function of the declaratory and constitutive theories of state recognition, in the international community, and having regard to the distinction be

Theories of International Relations

...? ‘Anarchy is what s make of it’ al affiliation ‘Anarchy is what s make of it’ The world today has become a system of interdependent states, which need each other to survival in an increasingly competitive international system. This interdependence among states means that they have to find ways of relating with each other in order to maintain international security, even as they pursue their individual interests (Beitz, 1999, pp. 42). As a result of the complexity in international relations, this field of study has attracted numerous scholars who come up with theories to explain international behavior...
9 Pages(2250 words)Essay

International Relations Theories

.... (Question 3) Nixon doctrine, applied in the 1970s during detente, is a good example of how incorporating Liberal Institutionalism into foreign polices can be constructive and successful (Question 4). Power considerations are usually regarded as the most important drives of the international relations according to the Realist school of thought. As many of the proponents of this school have asserted: “international affairs… [represent]… a struggle for power among self-interested states”1 and , therefore, Realists reject the possibility of full elimination of wars and conflicts. Within the US foreign policy establishment, the Realists usually firmly stand...
7 Pages(1750 words)Admission/Application Essay

International Trade Theories

.... According to the mercantilism theory, there was a fixed amount of money present in the world and in order for one country to have more money; it had to export to other. So, mercantilism refers to the concept of exporting more and importing less (“Classical Theories of International Trade”, n.d.). Absolute Advantage Toward the end of the century, economic growth was being hindered by mercantilist policies. Adam Smith in his book, The Wealth of Nations (1776) presented a response to mercantilism where he claimed that these policies granted the producers an advantage at the cost of a disadvantage to the consumers. Adam Smith’s theory did not...
3 Pages(750 words)Assignment

International Community

...conventions. If serious consideration were given to inviting China to summits of the Group of Eight the gesture would increase Beijing's responsiveness to assuming a conscientious role in the deliberations of the international community.73 In the interim, it is imperative for the U.S. to realize that China's economic modernization has already generated, and will continue to create significant decentralization of its political organizations and financial control. The Chinese regime will generally keep on losing its capacity to supervise local authorities over commercial issues. America needs to have a grasp of, and understanding toward, certain frictions in U.S.-China...
36 Pages(9000 words)Essay

Does international law function effectively

...Does international law function effectively? Introduction A crime can be commonly defined as an act which goes against the social or moral rules of behaviour in any given society. In the western civilised society, community based laws are created and formalised for the regulation of conduct between individuals, legal entities as well as countries where a breach of said law constitutes a punishable crime1. Although technically speaking, all actions which are against the law may not be considered crimes since certain commercial activities can fall under individual contract violations which may not be legally defined as crimes2. If we expand the definition to include nation...
10 Pages(2500 words)Essay

Blood Vessel Constitutive Models

...assumption regarding the role of ‘mechanical function’ of blood vessel especially in the response of patients to specific treatment. Because of this fact, it is necessary that several models are developed which are going to be evaluated as of their applicability by the medical practitioner involved in each particular case. Current study examines especially the structure and the effectiveness of a series of blood vessel constitutive models as they have been included in the paper of Vito and Dixon published in the Annual Review of Biomedical and Engineering (2003). The specific study presents the most significant models that have been...
40 Pages(10000 words)Essay

International Marketing Theories

...International Marketing Theories Discuss with theories the way in which FMCG firms might decide on the extent to which it can sell a standardized product across nations    As the world comes closer and markets for products expand, the need for international market becomes strong. International marketing is the process of identifying the needs of the vast number of customers who vary in their culture, tastes, origin, ethnic background, societal values etc. Companies like Unilever, Procter & Gamble, Gillete, Reckitt Benckieser etc. are multinationals and have brands that target enormous number of customers all over the world. While these companies use similar products to target the mass market but still they need to take care... product....
11 Pages(2750 words)Essay

Working for Community Gains Leader Recognition

... of the program as well. “Whitney’s dedication to the community and each citizen within it is unparalleled,” said Mayor Shane Johnson. “His heart pours into his work with our CERT team. Our community is safer, more knowledgeable and better prepared for any disaster, natural or man-made. We are in his debt.” However nice the accolades are, Laning remains stunned by the recognition. “Receiving this award is one of those defining moments that you have,” Laning said. “I never imagined receiving something so big.”... Working for Community Gains Leader Recognition Even though the recent earthquake in Chile was a great deal more powerful than the quake in Haiti, Chile experienced much less damage thanks to...
3 Pages(750 words)Essay

International Law: States and Recognition

... forming up the international community to facilitate the creation of a new state. Rather, it lays down requirements and qualifications that have to be met by a state to enable recognition. Even if this new state may not be fully able to interact with the rest of the states as per the constitutive theory, its fulfillment of the qualifications is what defines its recognition as a state (Klabbers 2013, p. 281). In many ways, a state and its territory are considered as being one unit. The territory defines the state, and the state is made up of the territory. However, the state only exists in the law, and is considered when looking at the subject from the perspective of international law. Consequently, interacting with a state calls... to...
5 Pages(1250 words)Essay

Role of community nurse

...Roles of Community Nurses Roles of Community Nurses Introduction Community nurses play critical roles in the promotion of health and well-being in the society. Unlike other nurses, community nurses work directly with communities, families, and individuals. They are more conversant with the health needs of communities and are in a better position to design intervention strategies. Over the years, the scope of community nursing is only widening. Without doubt, community nurses have emerging roles that they should play in...
2 Pages(500 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The role and function of the declaratory and constitutive theories of state recognition, in the international community, and having regard to the distinction be for FREE!

Contact Us