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:
i, ii and iv are correct
i and ii are correct
ii and iv are correct
i, iii and iv are correct
i, ii and iv are correct
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.