The question (15 marks)
Critically examine the constitutive and declaratory theories of recognition, and distinguish de facto from de jure recognition. (15 marks)
MU Module I, head 1.7; chapter on subjects and recognition.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Nature and Sources of Public International Law.
Authorities you will need
- Reparation for Injuries Suffered in the Service of the United Nations, ICJ Reports 1949, p. 174
- Charter of the United Nations 1945, arts. 2(1), 2(4) and 4
- Vienna Convention on the Law of Treaties 1969, art. 53
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.