Recognition

An acknowledgment that something which has been done by one man in the name of another was done by authority of the latter. See Agency; Ratification. In International Law. The acknowledgment of the claim of a new state to be admitted into the family of nations. In the case of states whose uncivilized condition has prevented them from being recognized as members of the family of nations, the question of the justice of their claim to recognition will depend upon the extent to which it seems probable that they are in a condition to abide by the principles and fulfill the duties of international law. In cases of the successful revolt of one part of a nation against the rest of the nation, the question of their recognition depends upon the fact that they have established a de facto government and have proven their ability to maintain their independence. No fixed rule can be laid down regarding the time when recognition is due to an insurgent state. If the parent state itself acknowledges the independence of the insurgent state, no difficulty is presented; but in other cases the de facto independence of the new state must be determined from the cessation of hostilities against it by the parent country, or by the manifest inability of the parent state to conquer the territory. A too precipitate recognition of an insurgent colony would constitute an offense on the part of the recognizing state against the parent state.

1 Opp. 116-121.

In the United States it devolves upon the president to determine when recognition is to be accorded to a new state, and his decision is not subject to review by the courts. It has been claimed that congress may dictate to the president on this point, but precedents are against the claim.

1 Willoughby, Constitutional Law 461.

See Executive Power. As a general rule international law is not concerned with internal changes within a sovereign state. The government of a state may change from a monarchy to a republic without any change in the identity of the state in the family of nations. As to recognition of belligerency, see Neutrality; Belligerency; Insurgency.

See Executive Power.