Question

Declaratory theory is related to

• A. Recognition
• B. Succession
• C. State responsibility
• D. Self determination

Answer 1

The Correct Option is A

Declaratory theory is related to the concept of Recognition in international law.

According to the declaratory theory, a state or government exists and possesses rights as a legal entity the moment it meets the basic requirements for statehood, regardless of whether it has been formally recognized by other states. Recognition is merely a formal acknowledgment of a condition that already exists.

The essential criteria for statehood under international law typically include a defined territory, a permanent population, an effective government, and the capacity to enter into relations with other states.

Therefore, declaratory theory emphasizes that formal recognition by other states is not constitutive of statehood but merely declaratory of a factual situation.

In contrast to the declaratory theory, the constitutive theory posits that a state only becomes a subject of international law once it has been recognized by the existing states. However, the declaratory theory holds greater acceptance in contemporary international law.