Law · International Law
Which of the following statements regarding theories of state recognition is true?
- 1Actual practice entirely aligns with declarative theory, making political recognition irrelevant in all aspects.
- 2State practice strictly follows the constitutive theory, as recognition is the sole source of legal rights.
- 3For the declarative theorist, an unrecognized state can have no legal rights or obligations under international law.
- 4For the constitutive theorist, an unrecognized state can have no legal personality; whereas the declaratory theory emphasizes factual existence over state recognition.✓
Correct answer
For the constitutive theorist, an unrecognized state can have no legal personality; whereas the declaratory theory emphasizes factual existence over state recognition.
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