International Legal Personality Essay Example | Topics and Well Written Essays - 1500 words

International Legal Personality - Essay Example Above all the government is tasked to ensure security of its citizens, protect its boundaries and apply the law. (iv) Capacity to enter into relatives with other Nations: - A recognized has the right of entering into relations with other states. This is aimed at bolstering good relations with other states and to promote the interests of the other nation in a Foreign Country. This promotes peace amongst nations and promotes trade as well. In essence not states alone are recognized as International personal International bodies and Organizations representing other nations as their members like world Health Organization (WHO) World Trade Organization (WTO) are recognized to be International Legal persons within the definition of International Law. Generally a state is recognized when it possesses essential elements of statehood. The recognition of a state means that it has been included as a member of International Community. Once a state has been recognized, it becomes a member of International Community. By recognitions the International Community determines that the recognized state possesses the essential quality of a state, and is able and willing to fulfill its International obligations. According to this theory, recognition clo... Overtime various theories have evolved over recognition of statehood. The main theories on recognition of statehood are:- a) Constitutive theory b) Declaratory or Evidentiary theory. (a) Constitutive Theory:- According to this theory, recognition clothes the recognition of a state with rights and duties of International Law. Recognition is a process through which a political community acquires International Personality by becoming a member of family of Nations. Hegel, Anzilloti, Oppenheim etc. are the chief exponents of constitutive theory. In the words of Oppenheim (Supra note I, pg 125) a state is and becomes an International person, through, recognition only and exclusively. According to constitutive theory, statehood and participation in the International legal order are attained by a political group only in so far as they are recognized by established state (P.E. Corbett, The Growth of world Law (1971) pg 62.) (b) Declaratory Theory Looking at declaratory theory, statehood or the authority of new government exists as such prior to and independently of recognition. The chief exponents of this theory are Hall Wagner, Brierly, Pitt Corbett and Fisher. According to Prof. Hall, a state enters into the family of nations as a light when it has acquired the essential attributes of statehood. Pitt Corbett has expressed the view that existence of a state is a matter of fact. In his words "so long as a political community possesses in fact the requisites of statehood, formal recognition would not appear to be in a condition precedent to acquisition of the ordinary rights and obligations incident thereto. Briefly has also remarked the granting of recognition to a new