Acts of Unrecognised Governments

Abstract

THE TRADITIONAL view is that there are two kinds of recognition of a government which may be accorded by the executive, i.e. defacto and dejure recognition. If a government is de facto recognised, this is an indication of willingness to maintain diplomatic or consular contacts, however limited, with that government. However, there is no consensus of opinion as to its precise legal meaning. De jure recognition, on the other hand, implies a definite indication of preparedness for normal diplomatic relations. This type of recognition is undoubtedly the fullest kind of recognition. It demonstrates confidence in the stability of the government and the State, the expectation that international obligations will be met, and a willingness to maintain normal diplomatic relations. If such a confidence is not as yet very firmly placed, de facto recognition is usually given as a transitional stage. De facto recognition is therefore, more tentative and less committed. It is not normally accompanied by the establishment of full diplomatic relations. ' The question arises as to whether, apart from defacto and dejure recognition mentioned above, there is another kind of recognition which enables the court to take cognisance of the existence of an actual, effective, or established government and give effect to its acts of State. 2 On the other hand, recognition of a government is distinguisable from recognition of a State. 3 Recognition of government implies recognition of the State; it would be impossible to recognise a government but not the State of which it is the governing body. Conversely, it is possible to recognise a State but