Recognition is a free will of a state to recognise the new state. Nowadays
trade relation between the states are increasing day by day. Here in this paper
recognition is special reference to the status of India in recognition other
countries of the world. Is it important to recognize the state for making good
trade relation and how this recognition make impact on the foreign policies of
the country? is this recognition can be claim as a right or this is a duty of
every states to recognize other?
With the development and growth in society every country in the world started
connected with each other. as we can see that no state wants to live in
isolation in the present era. Every nation wants to develop and provide security
to their people.
Which is only possible through exchanging the commodity and
services? For which it is necessary that one states must be recognize by the
other states of the world. Prior to 1919 recognition of the states is based on
their date of independence and it has no meaning beyond the mutual
Before the 1919 there was no international body to recognize
statehood. For the first time with the formation of league of nation states were
recognized in the international level by the member states. After dissolve of
League of Nation, United Nation Organization play the important role in
recognition in the international level.
The Montevideo Convention on the Rights and Duties of States (the Montevideo
Convention) 1933 sets out some generally accepted benchmarks and provides a good
starting point for discussion; Article 1 provides that:
The state as a person of international law should possess the following
- a permanent population;
- a defined territory;
- government; and
- capacity to enter into relations with the other states.
In the context of recognition of states, the observation of the professor
Schwarzenberger is Noteworthy. He writes, “the growth of international law is
best understood as an expanding process from a nucleus of entities which have
accepted each other’s negative sovereignty and on the basis of consent, are
prepared to maintain and possibly expand the scope of their legal relation. Like
most clubs, the society of sovereign states is based on the principle of
co-option. In exercising this prerogative, the existing subjects of
international law employ the device of recognition."
Recognition – Meaning
The word recognition is derived from the Latin word recognition which means know
again, recall to mind here this term is used to denote the formal
acknowledgement by a country thatanother political entity fulfils the conditions
of statehood and is eligible to be dealt with as a member of the internal
community. (dictionary meaning oxford )
Theories of Recognition of States
Recognition of a State is more of a political concept than a legal concept
because there are no specific rules for recognition of a State. There are two
popular theories laid down for the purpose of understanding the nature of
- Constitutive Theory
- Declarative or Evidentiary Theory
According to this theory personality of a state is created not by the fact but
through recognition by other states. In other words, an entity does not become a
state by possessing essential attributes of statehood. it became so, when it
recognized by other states. It implies that other states constitute the
personality of a state by granting recognition. This theory has been advocated
by Anzilotti and Holland .
- Poland and Czechoslovakia were recognized by the instrumentality of the
Treaty of Versailles.
- Germany was divided into two parts after the World War II by a treaty
- Korea was divided into two parts
Declarative Theory or Evidentiary Theory
This theory states that declaration is a mere formality and has no legal effect
as the existence of a State is a mere question of fact. According to this theory
a state comes into existence in international law as soon as it acquires all the
attributes of statehood. By having all attributes, an entity exists in fact.
recognition by other states supplies the evidence of this fact. the act of
recognition is therefore declaration of an existing fact that an entity possess
the essential attributes of statehood.
This theory has been advocated by Hall, Brierly, and Fisher.
Every new state becomes a member of the family of nations ipso facto by its
coming into existence. Recognition only provides the evidence to this fact. This
theory says recognition is not important.
Forms of Recognition
- Express Recognition - An existing state recognizes another state by
releasing a public statement by way of notification or a declaration
announcing the intention of recognition. Grant is expressed in written words
- Implied Recognition -Does not release a formal state but recognizes the
state by some acts which imply that the state is being recognized.
1. Unilateral Acts - State entering into bilateral treaty establishes
diplomatic relations with an unrecognized state.
2. Collective Acts - A new state is recognized collectively by the
Modes of Recognition
There are two
important modes of recognition:
- De Facto Recognition - This is a provision recognition and not a
permanent one. i.e. it can be withdrawn by other States at any time. It is
the first step towards becoming a recognized country. Recognition is only by
fact and not legal. State may have more than one Governments. No exchange of
diplomatic representatives takes places. State succession might not happen.
Mere de facto recognition is not sufficient to get UN membership.
Example: Israel, Bangladesh, Taiwan, Sahawi Arab Republic etc.
- De Jure Recognition - This is a permanent recognition which one granted
cannot be taken back or withdrawn by other States. It is regal and rightful.
State will have only one Governments. Exchange of diplomatic representatives
takes places. State succession happens smoothly. de jure recognition by majority
states his essential for UN membership.
India Status of Recognition
Like most of the countries India has also granted recognition to states and
governments as a matter of course of routine. India has generally accorded
recognition to state as soon as the condition of statehood were fulfilled. In
some cases however India was also guided by certain other considerations.
India and China
As a consequence of resolution the nationalist government of China was
pushedout by the communist forces from main land China in 1949. India promptly
recognised the new regime i.e. People’s Republic China. India was one of the
first states to recognize people’s republic of china. (the first country,
outside the communist block, to recognize china was Burma) India recognize china
on 30th December, 1949. While many countries in the world were still waiting or
were withholding recognition of china, India accorded recognition. Subsequently
India’s example was followed by many other states.
Areas of Conflict
Border Dispute – Border dispute is one of the major issue between India and
china. Which is also one of main reason behind the invasion of India by china in
1962. Since after that there is a tension between India and china related to the
aksai chin and surrounding of Arunachal Pradesh. Both the countries lay claim to
the aforementioned regions and their immense respective nuclear capabilities
mean that maintaining the status quo is the only option that they have.
The Masood Azhar Issue
Masood Azar is the founder of Jaish-e-Mohammed, an Islamic militant group that
is highly active in Pakistan occupied Kashmir. The group has been listed as a
terrorist entity in UN as well as in India where it has carried out 2008 Mumbai
Attacks and 2016 Pathankot Attack, following which Azhar was taken into
protective custody by Pakistan Government. India has tried to get Azhar
blacklisted by UN but it has always encountered a roadblock in the shape of
China has also been opposed to India’s entry in Nuclear Suppliers Groups (NSG)
that contains 48 countries in all. In fact, China has stated clearly that it is
opposed to the entry of any country like India that has not signed Nuclear
Non-Proliferation Treaty (NPT) in said group. Beijing has stated that signing
NPT should be a mandatory obligation in order for a country to become a part of
a group like NSG. China, interestingly though, has asked Pakistan to apply and
become as NSG member in spite of being a non-signatory to NPT.
Dalai Lama Issue
Dalai Lama is originally from Tibet, which is a part of China now. He escaped
from there when Tibet was taken over by China, sought refuge in India, and was
granted refuge as well. Ever since then, he has been running Tibetan
Government-in-exile over here. As a country, China is highly sensitive about its
territorial integrity and sovereignty and thus it can be understood as to how
irritated it would be Dalai Lama’s government over here. In fact, a lot of
people also say that this was what caused the first war between the
Indian Ocean Issue
China wants to be a dominant force in Indian Ocean. China has adopted a strategy
named ‘String of Pearls’ whereby it has setup bases all across the area, where
India and the US maintain naval bases as well. In fact, a number of India’s
bases in the area are surrounded by those of China and India is afraid that this
is a major containment strategy by its northeastern neighbours. This is why the
government has been spending a significant amount of energy in making sure that
this can be prevented from happening. As part of that it is trying to pull
SriLanka, Maldives, Myanmar, and Bangladesh within India’s sphere of
Despite all these issues both the countries have very good trade relation with
India And Afghanistan
on first 1st may 1971 Afghanistan was proclaimed a democratic republic with Mr.
nur mohammad tarakkin as president of the newly constituted revolutionary
council. This government was established after a coup replacing former president
daoud. India recognized new government on 2nd may 1978. India was thus one of
the first countries to accord recognition to the new government of Afghanistan.
Soviet Union and Bulgaria also recognized the new government on said date.
The development partnership of India-Afghanistan is based on the principles of
mutual sharing and solidarity which is branched into five founding modalities of
development cooperation that includes capacity building, trade and investment,
technology cooperation and others.
he prominent one is the development of Chabahar port project connecting India,
Iran and Afghanistan with Central Asian countries. The Chabahar port will
promote connectivity through sea as well as improve the rail, road route
bringing in investment and development in the region especially boosting
railway, infrastructure and energy projects.
In a recent development Afghanistan
will be sending its goods to India every two weeks via Chabahar port starting
from February creating opportunities for increased trade removing the obstacle
of Afghanistan being landlocked. Among India’s support effort is the Air Freight
Corridor programed with Afghanistan in 2017 which has grown exponentially with
Kabul- Delhi, Kabul-Mumbai, Kabul-Kolkata, and Kabul-Amritsar cargo flights
exchanged every week.
There are more than 166 flights exchanged between India
and Afghanistan. Last year Spice Jet has signed Memorandum of Understanding (MOU)
for connecting Kabul with Indian metro cities. Connectivity via land, sea and
air will help seize opportunities with new and emerging markets
Further the International Solar Alliance (ISA) an intergovernmental organisation
to boost solar energy development with its headquarters in India aims to
mobilize $ 1 trillion funds to achieve one terra watts of solar energy capacity
by 2030. In the first General Assembly of International Solar Alliance (ISA)
Afghanistan became the partner country last year will provide ample opportunity
for solar rich country to build new ties by focusing on scientific
collaborations under the ambit of neighbourliness.
Education and Culture
India-Afghanistan Foundation promotes cultural and people to people contacts.
The Indian Council for Cultural Relations (ICCR) has been playing a prominent
role in enhancing and building educational capacities of Afghanistan through its
various scholarship programmes. The initiatives taken by ICCR spell impressive
growth in mobilizing education system and helping the students to contribute in
the work force and for the development of Afghanistan.
Education and cultural exchange programme has increased and it is believed that
having received support from India will help Afghanistan in a big way. At
present 1000 scholarship is provided to Afghan students and almost 16000
students are studying in various universities in India. Education has been the
greatest single factor catalysing Afghanistan’s transformation. India’s
cooperation in education and culture will help to achieve the great potential
for development in Afghanistan.
The New Development Partnership of Afghanistan and India under the Strategic
Partnership Agreement (SPA) signed in 2017 to the tune of $1 billion, in which
India took up hundreds of development projects in Afghanistan in areas including
agriculture, water, education, health, etc.
India’s security cooperation with Afghanistan has been strengthened by providing
Mi-24 helicopters to Afghanistan which was announced last year. India delivered
four Mi-25 (Mi-24D) helicopters and three HAL Cheetah light utility helicopters
to the Afghan Air Force (AAF) in December 2016.
In Women Empowerment
Women Empowerment is another important aspect in which India is extending
tremendous support. India’s Self Employed Women’s Association (SEWA) imparting
training on sustainable livelihood generation and to be the part of inclusive
growth and to be self-reliant. India-Afghanistan relations are aimed at a
comprehensive development strategy that will foster and establish bilateral and
multilateral relations which is better equipped to deal tough situations and
bring peace and prosperity in the country and across the region.
India And Bangladesh
India recognized Bangladesh on 6th December 1971.Where on the one hand India’s
recognition of Bangladesh was widely welcomed inside the country on the other
hand this action was subjected to criticism and was regarded as premature. Thus
while recognition in respect of Israel, Spain, Vietnam and East Germany had been
delayed, India was very quick to accord recognition to Bangladesh. This was
obviously due to expedience and political considerations.
In 1972 the two states signed a Treaty of Friendship and Peace for a term of 25
years, declaring that both sides would respect their mutual independence,
sovereignty and territorial integrity while refraining from interfering in each
other’s internal affairs. The relationship between India and Bangladesh is
anchored in history, culture, language and shared values of secularism,
democracy, and countless other commonalities between the two countries. It is
based on sovereignty, equality, trust, understanding and win-win partnership
that goes far beyond a strategic partnership. In the last couple of years, the
relationship has been further strengthened including through cooperation in new
and high-technology areas.
Security & Border Management
India and Bangladesh share 4096.7 km. of border. A number of agreements related
to security cooperation have been signed between both the countries. The
Coordinated Border Management Plan (CBMP) signed in 2011 aims to synergize the
efforts of both the Border Guarding Forces for checking cross border illegal
activities and crimes as well as for maintenance of peace and tranquility along
the India-Bangladesh border. The settlement of the maritime boundary arbitration
between India and Bangladesh, as per UNCLOS award of July 7, 2014, has paved the
way for the economic development of this part of the Bay of Bengal.
Sharing of River Waters
India and Bangladesh share 54 common rivers. A bilateral Joint Rivers
Commission (JRC) is working since June 1972 to maintain liaison between the two
countries to maximize benefits from common river systems. Besides the meetings
of the JRC (37 meetings held so far), JRC Technical level meetings are also held
The Ganga Waters Treaty signed in 1996 for sharing of waters of river Ganga
during lean season (January 1-May 31) is working satisfactorily. Regular
meetings of the Joint Committee on Sharing of Ganga Waters are held to take
stock of the implementation of the provisions of the treaty.
Bilateral Trade and Investment
The first Trade Agreement between India and Bangladesh was signed in 1972. In
the five years, total trade between the two countries has grown by more than
17%. India’s exports to Bangladesh in the period July 2016 – March 2017 stood at
US$ 4489.30 million and imports from Bangladesh during FY 2016-17 stood at US$
672.40 million. India has provided duty free quota free access to Bangladesh on
all tariff lines except tobacco and alcohol under South Asian Free Trade Area (SAFTA)
Total Indian investment proposals in Bangladesh registered with the
Bangladesh Investment Development Authority (BIDA) exceed US$ 3billion. Indian
Foreign Direct Investment (FDI) in Bangladesh reached US$ 88.0million in
2015-16. During PM Sheikh Hasina’s visit in April 2017, 13 agreements worth
around US$ 10 billion of mainly Indian investment in power and energy sectors in
Bangladesh were signed.
Power and Energy Sector Cooperation
Cooperation in power sector has become one of the hallmarks of India Bangladesh
relations. Bangladesh is currently importing about 660 MW of power from India.
In March 2016, the two Prime Ministers inaugurated the export of power from
Tripura to Bangladeshas well as export of Internet bandwidth to Tripura from
Bangladesh. During Bangladesh PM’s visit in April 2017, agreements for
generation/ supply/ financing of more than 3600 MW electricity were signed
between Indian public /private companies and Bangladesh side.
Many Indian public
sector units such as Indian Oil Corporation, Numaligarh Refinery Limited,
Petronet LNG Ltd are working with their Bangladeshi counterparts in the oil and
gas sector of Bangladesh. India has agreed to fund the construction of
India-Bangladesh Friendship Pipeline from Siliguri to Parbatipur for supply of
Diesel to Bangladesh from Numaligarh Refinery Limited. ONGC Videsh Ltd has
acquired two shallow water blocks in consortium with Oil India Limited and is
currently exploring these blocks.
The Indira Gandhi Cultural Centre (IGCC), High Commission of India, is a
Cultural Centre of the Indian Council for Cultural Relations of India in
Bangladesh. Inaugurated in 2010, IGCC regularly organizes programmes covering a
wide-gamut of cultural activities. The IGCC also holds regular training courses
in Yoga, Hindi, Hindustani Classical Music, Manipuri Dance, Kathak and Painting.
The courses are very popular with the Bangladeshi students. IGCC Hindi teacher
also teaches Hindi at Institute of Modern Languages in University. ICCR has
initiated a Tagore Chair in University of Dhaka since 2011. A MoU was also
signed in January 2017 for a ‘Hindi’ Chair in University of Dhaka. A 100-member
Youth Delegation is visiting India annually since 2012..
Indian community in Bangladesh
About 10,000 strong Indian communities is estimated to be living in Bangladesh.
Indians in Bangladesh are well respected for their hard work and managerial
skills and as a community are doing very well socially and economically. Most of
the Indians are engaged in Ready Made Garment (RMG) sector or as top
professionals in MNCs. Around 3000 Indian students are also pursuing medical
courses in different Universities/colleges in Bangladesh.
The Effects of Recognition
Following are the main effect of the recognition
Is Recognition A Duty of A State?
- The recognized state becomes entitled to sue in the courts of the
- The courts of the recognizing state given effect to the past as well as
present legislation and executive acts of the recognized state.
- In case of the de jure recognition, diplomatic relation is established
and the rules of international law relating to privilege and immunity apply.
- A recognized state is entitled to sovereign immunity for itself as well
as its property in the courts of recognized state.
- The recognized state is also entitled to the succession and possession
of the property situated in the territory of the recognized state.
Whether recognising a state is a duty of other states is a controversial
question different jurist have different opinion regarding the same. Lauterpacht
is of the view that once a state has come into possession of all the legal
attributes of statehood, there is a duty on all other states to recognise the
new state. Existing states have a duty to recognize because a new state cannot
have legal rights and duties under International law unless it is recognized by
Another view is that recognition is a political art. Recognition of a state
depends upon the discretion of a state, and therefore is always optional. While
in some cases, a state is not recognized even if it possesses all the attributes
of statehood, in some other cases, pre- mature recognition is accorded to a
state. Institute of International Law in 1936 therefore declared that
recognition is a free art. And it is a matter of policy and not the law.
Stark lays down recognition is granted by states according to “legal principles
’. At the time of granting recognition, they generally make sure
that the state to be recognized at least possesses the requisite legal
qualifications. To this degree, Stark says , ‘states do treat recognition as a
After going through this research we find out that in modern era the recognition
plays an important role while deciding the relations with the other states of
the world. As it makes an impact on the trade relation, foreign policy,
bilateral treaties and agreement, and many others.
On the basis of the above discussion, it may be concluded that while in many
cases India has accorded recognition to states and government on the principle
of de factoism and as matter of course or routine, in some cases however she has
either delayed regnisation or accorded quickly being influenced by her national
interest, expediency and political consideration.
It is the duty of every state to recognizing other states as without recognition
one state does not have any rights and duties in the international level.
 List of Sovereign States by the Date of Formation, Wikipedia
accesses October 5, 2019
K.P.Mishara, India’s policy of recognition of states and governments, The
American Journal of International Law Vol. 55, No. 2 (Apr., 1961), pp. 398-424
 Kapoor, S.K., International Law & Human Rights 158 (21st ed. Central Law
accessed October 5, 2019
 Agarwal, H.O, International Law & Human Rights 62 (4th ed. Central Law
 Recognition of State, Law Notes.in
accessed October 5, 2019
 Supra note 6 page no 63.
 Recognition of State, Law Notes.in
accessed October 5,2019
 Supra note 3 at page 173
 Top 5 Reason Of Tension Between India And China, Mapsofindia.com , July
accessed October 9, 2019
 Ibid at 12.
 Supra note 3 at page 174
 India and Afghanistan Relations: Gaining Strategic Bonding, The Economic
Times, (February 6, 2019)
accessed October 10, 2019.
 Supra note 19.
 Ibid at
 Supra note 3 at page 174.
 INDIA BANGLADESH Relations, mea.gov.in (September 2017)
accessed October 10,2019
 Ibid at 27
 Supra note 27
 Supra note 27.
 Supra note 3 at page 168
 Supra note 5 at page 71