24/07/2026
INTERNATIONAL LAW
Recognition of Government (Doctrines)
1. Tobar Doctrine
Non-recognition of Government. If any government is formed in an
unconstitutional or illegal manner, it must not be recognised by
anyone.
2. Estrada Doctrine
Related to Declaratory Theory
Recognition is just a declaration: recognising something already in
existence
if a state fulfills the constituent elements of statehood is deemed to
be recognized
Retrospective application of Recognition of the Government
1980 – A ki gov recognised in 1990, assumed since 1980
1985 – C ki gov De facto Popular support – recognized in 1989, assumed
since 1985
C will prevail if formed constitutionally as A lost popular support of the
people and relevance
RECOGNITION IS A POLITICAL ACT!!! And BILATERAL!!!
For entire territory the first DeJure gov will prevail recognition
The moment you recognize the second gov that will be valid as previously
recognised
is deemed invalid now
India recognizes the communist ideology of China – after Burma we are
the 2nd country to recognize China
India is driven by emotion as it has anti-colonialist sentiments
COLLECTIVE RECOGNITION
United Nations General Assembly
UN Charter says – Only states will be members
Only for the purpose of membership of United Nations and not bound for
Bilateral relations – very limited purpose
therefore, recognition is a bilateral act stands correct
Can UN stop a state from recognizing the other?
Yes, by Security Council imposing sanctions if it is an illegal state
Southern Rhodesia: formed through self declaration
now Zimbabwe UNSC put sanction on states to not recognize this
Illegal White Government – u/resolution 216 and 217
first time the UNSC imposed comprehensive, mandatory economic
sanctions under Chapter VII, including an arms embargo, oil embargo, and
complete trade restrictions
Government in Exile
the officials or entire institution of executives are not functioning from
their state but from somewhere else but have effective control – you can
be arrested or taken to place from where you cannot exercise your powers
Luther v. Sagor
Luther v. Sagor (1921) is a landmark English Court of Appeal case
regarding the legal recognition of foreign governments and the validity of
their legislative acts. [1, 2]
The dispute arose after the 1917 Bolshevik Revolution when the new
Russian government nationalized the plywood and timber factory of the
plaintiff, A.M. Luther. The Russian government then sold a quantity of this
seized timber to the British defendant, James Sagor. When the timber
reached England, Luther sued Sagor for the return of the goods, arguing
that the Soviet nationalization was an illegal theft because the UK did not
officially recognize the new Soviet regime.
The lower court initially ruled in favor of Luther, but Sagor appealed.
During the appeal, the British government clarified that it had granted de
facto recognition to the Soviet government. The Court of Appeal ruled in
favor of Sagor. The court established that because the British government
recognized the Soviet government as the effective sovereign power in
Russia, British courts must recognize its decrees as valid. Furthermore, the
court held that this recognition had retroactive effect, meaning the Soviet
government had the legal authority to seize and sell the property even
before the UK formally recognized them.
The decision is a foundational precedent for the Act of State doctrine in
international law, establishing that domestic courts will not question the
legality of acts carried out by a recognized foreign sovereign within its
own territory. You can review the full implications of this conflict-of-laws
precedent via the Cambridge Law Journal Analysis
India objected recognition of Spain but 1955-56 it granted recognition to it
India did not accord recognition to Israel after 2 year of formation and
withheld it for economic purpose as it wanted to not disrupt ties with other
Arab countries
India has an emotional as well as political motivation recognition-
Bangladesh, Taiwan
One China Framework
Example of World Order – Crimea and Namibia Exception
30/7/26
Handing over by gift, sale, lease and exchange
Cessation – Not just on paper but actual transfer of sovereignty – state
should have the intention as well as the intention should be backed by
cessation
Gift example: during the 17th century the King of Portugal gifted Bombay
to the prince of Britain, similarly Venice was gifted by Italy to France in
1866
Sale example: Russia sold Alaska to US in 1867 for 72 lakh dollars,
Mauritius sold Diego Garcia to UK for 30 lakh pounds, UK leased Diego
Gracia in 1974
Exchange example: Germany exchanged Heligoland for Zanzibar with UK
in 1890
Annexation: by war and force, recognition is not granted in this method, it
is not appreciated because under Article 2(4) UN Charter the threat or use
of force against territorial integrity is forbided
Prescription: Like Island of Palmas - through continuous, peaceful, and
long-term control, akin to adverse possession in private law. It legalizes
the transfer of sovereignty when an original sovereign fails to protest an
open encroachment over an extended duration.
Extra-territorial Jurisdiction
In cases where jurisdiction extends beyond boundaries
Prescriptive Jurisdiction: Jurisdiction is prescribed
a) Jurisdiction to legislate
b) Jurisdiction to adjudicate – Municipal courts: when do they go
beyond their defined territory
c) Jurisdiction to enforce – administrative, executive or prerogative
5 Principles – Prescriptive Jurisdiction Principles
Territorial, Nationality, Protective, Passive personality and Universality
Universality: some acts, such as piracy, genocide or doing
something against the principles of nature, are universally
condemned acts; therefore, any state can take cognisance. 200
Nautical Miles EEZ; beyond that is the High Sea, which is known as a
no-man's zone, and here universal jurisdiction is recognised. Flags
on ships and jurisdiction are of the flag state, but if involved in
something illegal, universal jurisdiction applies. Hot pursuit means if
you are following a ship and it runs over the high seas, and if it did
not have universal jurisdiction, you could have lost the power to
take cognisance, but with this jurisdiction, hot pursuit is allowed to
continue at sea. Given in UNCLOS.
*Public trust doctrine in Environmental Law
03/08/26
Territorial: Is by virtue of you being a sovereign state under your
demarcated territories – any act continuing in nature like hijacking
where the crime commences- objective jurisdiction and where they
have effect- subjective jurisdiction in accordance with the nationality
of people affected, a foreign state can intervene; this extends under
protective jurisdiction.
Nationality: Most Fundamental Principle – The persons who are
offenders can be tried in states whose nationality they possess –
extradition; we do not have extradition ties with the UK, so it is
called the Safe Haven.
Active Nationality: Wrongdoer is the National
Passive Nationality: Victim is the wrongdoer
Protective: Harm inflicted on the nation, like defamation, illegal
immigration and they can even try you as a protective measure.
Passive Personality: Victim ka state nationality. They can exercise
jurisdiction
State Succession – Important Practical Question
Vienna Convention on State Succession of Treaties – Clean Slate Theory,
when nations once dominated by other states, then after independence
nothing of the Treaty obligations of the oppressors would apply to the
colonised state.
State Succession when one state loses identity because merging into
another state or separating from state, or because it got divided into
several states or decolonisation
Universal Succession : Total Disintegration of a State from the map like
USSR,
Partial Succession: predecessor state and descendant state exist – Parent
state must be there
Dissolution: USSR and Czech o slavakia – from one 2 or multiple
Cessation: South Sudan – When from a bigger parent state one smaller is
formed and parent state remains
Unification: Merger- Yemen no parent state remains!
Absorption: A state becomes a part of a parent state
Decolonisation: India after Independence from the British