Q. “A State is, and becomes, an international person through recognition only and exclusively.” Discuss. Is there any duty under International Law to recognise a State? (20) [2006/Law I/5(d)]
Answer Approach:
• Introduction: Give a concise introduction with the four qualifications of statehood, definition and necessity of recognition. Comment on the statement of the question and state which theory of recognition supports the statement.
• Main body: Explain the theory in detail and mention about its benefits as well as criticisms. Thereafter discuss what the other theory says and also give arguments for/against the question whether there is a duty under IL to recognise a State.
• Conclusion: Conclude by stating that which of the two theories do you support and write statements justifying your stand. Make use of some cases to further support your stand (Eg. – Tinnoco Concessions case).
• Tip for students: In such questions, the overall content remains the same but try to align your answer’s content along the tone of the answer. In other words, adapt and modify the structure of the answer according to the actual demand of the question.
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