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Question

Legal Studies Question on Public International Law

Which of the following is/are correct according to the ‘Constructive Theory of Recognition’?
i. Recognition is a key to membership of the international community.
ii. It is constitutive of a new international legal personality.
iii. States are under a legal obligation to grant recognition to a newly emerging State.
iv. Recognition clothes the government of the recognized State with authority and opportunity to conduct international relations.
Choose the correct answer:

A

i, ii and iv are correct

B

i and ii are correct

C

ii and iv are correct

D

i, iii and iv are correct

Answer

i, ii and iv are correct

Explanation

Solution

According to the Constructive Theory of Recognition, recognition by other states is necessary for a new state to join the international community and gain a legal personality. This recognition also allows the recognized government to conduct international relations.