Legal Consequences of Recognition of a New State
According to J.G. Starke, recognition will give a state or government a status recognized under the law national and international. A sovereign state or government that has been recognized will have legal consequences, including:
1. Has the right to litigate in the courts of the recognizing state
2. Court considerations from the recognizing State will be influenced by the actions of the legislative and executive bodies that will be formed by the new government concerned
3. Has immunity in cases concerning property and its diplomatic representatives
4. Has the right to claim and receive property located in the jurisdiction of the recognizing state, its property before or after the state collapses
In addition to having legal consequences, recognition given to a state or government will provide benefits. Among other things: obtaining the right to file claims in the courts of the recognizing state, being able to claim immunity both for its assets and for its diplomatic representatives, and having the right to obtain and sell assets that are rightfully owned by the previous government.
Montevideo Declaration and Conditions for Recognition of a New State
The 1933 Montevideo Declaration on the Rights and Duties of States stipulates the conditions for a state to be recognized as existing by another state, provided that it has a territory, there are residents residing in the territory, and has a sovereign government, and also of course has the ability to exercise international rights and obligations in international relations. This is also a constitutive theory that a state or government is considered born if it has been recognized by another state.
A new state, even if it is independent by referendum, when it meets the requirements of territory, there are residents residing in the territory, has a sovereign government, has the ability to conduct relations with other countries, it can actually be legally said to be a new state because it has met the qualifications for the establishment of a state (Bayu Sujadmiko, 2012).
This is based on the declarative theory that a new state, in order to be said to have an international personality or as a new state, does not need relations with other countries. However, as a subject international law, a new state requires recognition from other countries because with this recognition, the new state will create a relationship of rights and obligations with other countries. This is called the middle ground between constitutive and declarative theories. In reality, a country needs cooperation with other countries, therefore recognition of a new country by other countries is very important, in order to obtain recognition of its existence politically and be free to conduct relations in international relations.
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