ABSTRACT
Chapter 6 focuses on the recognition of States, governments, and intergovernmental organisations in international and national law. It examines the two theories on recognition of States, i.e., the declarative and the constitutive theories and the deficiencies of each of them. It analyses the EU policy on recognition of entities as States. It discusses the new function, which is not envisaged in the UN Charter, that the UN Security Council and the UN General Assembly have acquired in the recognition of entities as States or governments. It explains the legal consequences of non-recognition of an entity as a State in international law including the application of the Namibia exception in international law and its expanded version embodied in the doctrine of necessity or implied mandate in UK law. It assesses the three approaches to the recognition of governments: the subjective approach, the objective approach, and the approach endorsed by the Estrada doctrine. It critically discusses the judgment of the UK Supreme Court in the Maduro case which has greatly clarified the position of the UK on the recognition of governments. It explains the legal consequences deriving from the de jure and de facto recognition of governments.
