Compare and contrast the constitutive and the declaratory theory of recognition against the Montevideo Convention
Hans Aufricht wrote in 1943 that '[t]he overwhelming majority of writers on international law
seem still inclined to advocate that states only be recognized as legal persons in international
law. Since, however, neither the term "state" nor the term "legal personality" is unequivocal, it
may well be questioned whether a conclusion reached by means of a mere combination of
these terms is adequate to clarify the pertinent problems.' 76 years later, the problem does not
seem to have reached a solution: even though the requirement for statehood under
international law are widely accepted, there is still uncertainty with regard to the legal status of
a number of challenged state-like entities, and the theories of recognition may have replaced
the Montevideo Convention as the mainstream indicator of statehood. Compare and contrast
the constitutive and the declaratory theory of recognition against the Montevideo Convention
in terms of their respective appropriateness to describe the concept of "state".
Answer preview Compare and contrast the constitutive and the declaratory theory of recognition against the Montevideo Convention
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