Vol. 2, Issue 3 (2017)
A study of the concept of de facto and de jure recognition of government in public international law
Author(s): Priyadarshi Nagda
Abstract: This research paper studies the recognition of governments (de facto and de jure) in international law. In International Law, the term recognition refers to the formal acknowledgment by one state that another state exists as a separate and independent government. A state has no status among nations until it is recognized by other states. Recognition is much more a question of policy than of law. This policy consist in the protection of states own interest. There are different categories of recognition. There is recognition of a new state and that of government. Recognition of state is different from recognition of government. The question of recognition of government normally arises only with regard to recognized States. When a State recognizes a new “government, ” it usually acknowledges a person or group of persons as competent to act as the organ of the State and to represent it in its international relations. A government can be recognised as a two type: either De jure recognition or a de facto recognition. Now, recognition de jure means, the state or government recognised formally fulfils the requirement laid down by international law for effective participation in the international community. On the other hand, recognition de facto means that in the opinion of the recognised state, provisionally and temporarily and with all due reservation for the future the government recognized fulfils the requirements in fact De jure recognition is stronger, while de facto recognition is more tentative and more connected with effective control of the recognised state over its territory.