The Forms of Recognition

Abstract

Governments ready to recognize a new regime face two subsidiary questions. The first, common to all, is how to convey that decision to the regime concerned. International law provides for a choice between express and tacit ways of conveying the decision. The second question, faced only by governments that accept the distinction between ‘de facto’ and ‘de jure’ recognition, is which degree of recognition to accord. They might proceed immediately to the full ‘de jure’ form, or they might decide to start with the more limited or provisional ‘de facto’ form and await further developments before according ‘de jure’ recognition. Governments choosing to start with ‘de facto’ recognition have to convey that decision expressly because the legal scholars and governments using the distinction have agreed that recognition is ‘de jure’ unless otherwise specified.