Forms of Recognition: – There are the following two forms for the declaration of recognition.
1. Express Recognition.
2. Implied Recognition.
1. Express Recognition: – The declaration or notification by an existing state which purports the intention to recognize a newly born state, the recognition is said to be express recognition. In other words, when a formal and express declaration or statement is made and published or sent to the opposite party, the recognition is said to be express recognition.
2. Implied Recognition: – When the existing state shows its intention of recognition of a newly born state by some acts, the recognition is said to be implied recognition. In other words, in case of implied recognition, no formal statement or declaration is to be made, rather the intention of recognition is to be collected by the acts or transactions of the existing state.
So, if such acts purport intention of recognition, it is said to be implied recognition.
Conditional Recognition: – The grant of recognition by an existing state to a newly born state stipulated on the fulfillment of some conditions in addition to the requirements of statehood is said to be conditional recognition.
As for as, the recognition is concerned it is itself conditioned with the fulfillment of the essentials of statehood, that is to say, the new state must occupy some territory, has some population, government and sovereignty. If these requirements have been complied with by the new state, then that should be recognized by existing states.
But as far as, the recognition is concerned it is usually based on some political considerations. So, in the pursuance of these considerations, the existing states sometimes declare recognition but stipulated with certain other conditions for the recognized state to be fulfilled.
Criticism: – Many jurists have criticized conditional recognition. According to the recognition is a legal matter and it should not be accompanied by conditions other than required by law.
It is due to this reason that when in case of conditional recognition the recognized state if didn’t fulfill the prescribed condition the recognition shall be valid and not extinguished. Rather it will affect the relations between the recognized and recognizing states.
Withdrawal of Recognition: – Withdrawal of recognition may be explained as under:
1. Withdrawal of de facto Recognition: – Withdrawal of de facto recognition is possible under international law only on the ground that if the recognized state has been failed to fulfill the prerequisite condition for statehood.
In such a case the recognizing state may withdraw from the recognition by communicating a declaration to the authorities of recognized stated or by a public statement.
2. Withdrawal of de jure Recognition: – There are different views about the withdrawal of de jure recognition. But according to the strict letters of international law and by the virtue of some conventions in this behalf, it is evident that the withdrawal of de jure recognition is not valid in any case.
Though recognition is a political act de jure it by nature and status it is a legal oriented. But some jurists think that de jure recognition may be withdrawn because it is a political act. But in fact, it is not so.
Only those de jure recognitions may be withdrawn where a state subsequently loses any essentials of statehood. In such a case the state withdrawing from recognition shall send his express intention to the concerned authority issue a public statement to that extent.