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On the Government acknowledges that the nature of the - On the mutual recognition theory

- Comments on theories of mutual recognition

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NG source of international law on the recognition of an ancient and ever new problems, although the abundance of paper, very little is generally accepted The. Government recognized as one of the important aspects of a long time in the diplomatic practice of States has a place. However, whether national or international law scholars, government authorities, not far from some of the basic issues relating to agreement. After the founding of the PRC Government to meet the needs of foreign situation,
in government recognition of a series of new theories, one of which is mutual recognition theory. Chinese papers League finishing.
in accordance with the theory of mutual recognition, an existing government to make an admission of the new government, the new government while recognizing the existing government, the two sides recognized each other and who approver. Meanwhile, both sides recognized each other prerequisite of any party does not recognize the other party does not necessarily lead to recognition.
formulation of the theory of mutual recognition, breaking the traditional theory of international law recognized by the Government on the point of view, very realistic to support the PRC Government's diplomatic practice,
described by some Chinese scholars are considered the recognition of the People's Republic law contribution.
from the mutual recognition of the theory to come to the conclusion that the existing government in turn is recognized by the new government is not only possible but also necessary, otherwise the sovereign equality of the state will challenge the fundamental principles of international law. However, in addition to the recognition of the Soviet Union and practice outside of the PRC Government,
difficult to find support for our theory of the mutual recognition of a broad international practice. Moreover, both the Soviet government or government of the PRC, the use of mutual recognition has a significant common characteristic, that is accompanied by the declaration of the establishment of diplomatic relations. That it is questionable so-called
is no doubt that theory to the international law doctrine of mutual recognition has brought a degree of confusion. The key to eliminate this confusion, the first is to clarify the Government's recognition of some basic theoretical issues, and on this based on the theory and practice of mutual recognition of objective assessment. This article will focus on these issues closely with the PRC Government's recognition of practice, from different perspectives were discussed.

one, on the Government acknowledges

(a) Conceptually, the Government acknowledges is a major new government by the existing status of the government must act.
recognition is quite difficult to define the field of international law, one of the concepts, because it is often used as a foreign policy of governments a tool to express the consent of the new situation in international relations or not, and there is no clear and precise rules of customary law to its elaborate,
differences on the legal point of view is very large. Most of the works of scholars have described it only as a phenomenon and even pass it over, only a few books to attempt in this area, as defined under the Government acknowledged even less.
Government recognizes the generally occurs in a new government to undermine the way the domestic legal order the case to power, such as the civil war, revolution or coup.
words, the government recognized the object against the new government, which works in the vast majority of international law and diplomatic practice without hesitation as axioms are to be treated. PRC Government recognizes the majority of foreign governments such situation.
an exception is not recognized by the government for long-term recognition,
the most typical example is the recognition of the PRC Government. Government of the PRC was established in 1949 to 1971 restored the legitimate seat at the United Nations, more than twenty years been a considerable number of countries in the world recognized by the government, since 1971, is by most countries in the world, recognized by the government. However, the interference caused by external forces before the ROC government in Taiwan to preserve remnants of the situation, there are still ignoring the fact that individual countries have in international law no longer recognizes the The problem is that it has not disappeared after the establishment of forty years. In rare cases, for political considerations or dignity, some of the new government also proposed the recognition of the existing government.
this particular diplomatic practice used by some Chinese scholars, empirical basis for mutual recognition of the theory that the new government also could recognize the existing government. But the work of international law from the general point of view, most scholars are inclined to think that recognition is the existing government for the new Government to make unilateral acts (which from their definition to the recognition of the following can be confirmed), not the concept of mutual recognition widely endorsed.
(b) From the nature point of view, the Government acknowledges is a politically motivated by the impact of legal acts.
is a political act of recognition, or whether the issue of legal acts, international law, there are differences between the scholars, some scholars that recognition is purely a political act, more is certainly recognized as a legal political factors included behavior.
implications for the legal fact, there are two kinds of understanding, an effect confined to legal recognition, the other is to give recognition and effect that are legal. In two different cases, political factors that are different. If the legal act as act as But no matter what the act of recognition is never divorced from political considerations.
generally acknowledged not the obligation, but it is not binding international law does not accept political action. The idea that the only obligation will be recognized as the legal nature to reflect the views of one-sided. Once you have the elements of the government, a government the right to conduct foreign relations on behalf of their national activities, it is the basic rights of the countries they represent their rights in international law. Other countries can not recognize the government, but must respect these rights can not be denied because the State Government not recognized those rights. Does not recognize the government may be in line with political considerations, but denied the right of the State is contrary to international law. In this sense, the existing government is bound by the new government, but not the recognition itself, but it must comply with international law and relations.
This is the legal recognition of the performance.
While recognizing its nature, is a legal act, but the political impact of the recognition of the role of decision-making is obvious. Because of this, different countries and even the same country at different times of the recognition policy may be completely different.
principles to govern effectively for the national government recognized by the generally accepted principles, but what kind of regime can be called a government to govern effectively, under different circumstances to determine their own countries may be very different, there is the role played by political considerations will be very important.
Peterson (MJPeterson) from the perspective of the international system are discussed in detail in the Government recognized the political impact of the case summarized into two categories: one is to express the view that the use Chengren to represent the new government friendly or hostile; other affect the behavior of a class, which uses the new government in exchange for recognition of an act or promise of future policy.
in the former type of case, if the existing Government's aim is to support the new government, tend to be quickly recognized as the Soviet Union October 2, 1949 on the recognition of the PRC Government; the contrary, if the existing Government's aim is against the new government, the general will lead to delays admit or even continue to recognize the previous government, such as the United States recognizes the PRC Government on the issue of attitude.
case of the latter category is the so-called In recognition of the PRC government's case, such acts rightly been recognized by the firm opposition.
(c) In effect, the Government acknowledges is a declaratory act.
fundamentalism and the fact that Marxism is the Government admitted in theory, the two main opposing views, and in the government recognized effect, and declared that constitute sexual differences. Fundamentalism that a new government is only recognized by his country to represent their countries at the international, the Government relies on recognition of the rights and obligations, and admit it or not the decisive factor is that the Government is opposed to the legality of the original legal system; the fact that Marxism advocates acknowledge a new government just announced the existence in fact, without any of its rights and obligations created, decided to recognize the only criterion is that the government's effective rule. Effect on the recognition of two theories is very different point of view. Fundamentalism and the new government will judge whether the necessary conditions have been met to recognize the power of the country, its discretion under international law, making the country the right to further confirm the recognition of the legitimacy of the new government. In this case, the recognition of the qualifications of the new government will have a material impact, the new government can be only through recognition of the existence in international law. Marxism is the fact that the new government assumed a necessary pre-conditions have been met, recognition of the country have to do is to declare its legitimacy, but admit it or not eligible for the new government does not have a material impact, the new government is not only through acknowledged to exist in international law.
modern international law is a fact widely accepted theory,
which modern international law of sovereignty, equality and non-interference principle is the same. A government change, no matter what form, is the country's internal affairs, foreign no right to judge the legality of this change, or there is interference in the internal affairs and undermine the principle of sovereign equality. PRC Government is an advocate of peaceful coexistence, sovereign equality and noninterference in internal affairs is its consistent policy of foreign relations, and thus supported by the PRC Government is true doctrine, in its never happened in practice with a new other countries have substandard government refusal by the domestic law recognized cases.
doctrine in accordance with generally accepted that view does not recognize the qualifications of the government have a material impact. A regime of government as a sovereign state the objective fact of the existence, both in its domestic or international, are not recognized by other governments or non-recognition of change. Meet the Government should have the necessary conditions for the regime, even if most of the world governments do not recognize the status of its government, it is still a government of its power in its territory effectively, in international law in the state are eligible to represent their behavior, but the country's international capacity will be limited, in fact, rights and obligations in the international exercise may have to be postponed until after the government was recognized. Instead, the government has lost the status of a de facto regime, even though many still ignore such changes for political considerations recognized by the national government, have no right to represent the country in international law, the name of the state are engaged in theft of legal acts after all, is invalid. S Republic of China October 1, 1949 after the establishment of the ROC government to replace the former became the sole legal government of China. Although since then until 1971, the restoration of China's legitimate seat at the United Nations, a considerable number of countries in the world, especially countries with important influence in a minority refused to recognize this fact, but this does not prevent the PRC government, in law and In fact on behalf of China in the diplomatic activities.
While the former Republic of China retreated to Taiwan government remnants continue to be the are invalid under international law.
the PRC Government as the sole legal government of China, the qualifications, does not acknowledge it or not because other countries may change. 
Meanwhile, the existing government has not recognized the new government's obligations. A new government to power, even though it has been found in the law as the Government must have the conditions, but preparation and other countries without political ties if it occurs, there is no obligation to the fact that the new government there is a declaration. As we mentioned earlier, to make such a declaration is to apply legal and political factors in the process, not to make such a declaration does not shake the new government's position in international law. Therefore, the new government declared or not declared the fact of existence, that is to recognize or not recognize the new government is determined by each country to decide the field of foreign policy issues. But this freedom has a necessary prerequisite, that is not contrary to international law, international law can not be lost in the grounds of the new government to confront the existence of objective facts. In the United States recognizes the PRC Government's case, the U.S. government because of political considerations can not recognize the PRC government, but it can not continue to regard international law no longer exists in the against the government of the PRC as the sole legal government of China, rights (such as in China has joined international organizations have the right seat), or to go beyond the scope of foreign policy alone, constitute infringement of international law, should bear the The State responsibility. 
(d) From the formal point of view, the Government admitted that the behavior can be used many ways.
government recognized the most common form is divided into the explicit recognition and implicit recognition. Explicit recognition is clearly recognized that the meaning through a formal notice or declaration to achieve, through some implicit recognition is not explicitly mentioned Chengren Although it is undoubtedly recognized that the meaning of behavior to achieve.
State practice shows that when the dispute over government opposition, each claiming to be the legitimate government of a country, you can express recognition by the form of a statement. After the founding of the PRC Government, for historical reasons the old regime has been overthrown compete in the international community the status of China's legitimate government of the situation, combined with new Chinese government's firm support of the national liberation movement, making the explicit recognition of diplomatic practice in the New China in particular, plays an important role. On the contrary, the United Kingdom and other countries are more tacit recognition of the way by. This approach suggests a policy that is not explicitly recognize a new government, but through the normal inter-governmental actions to show that to be eligible to be recognized as a legitimate government to deal with. 
mean the recognition that the problems involved and will lead to important legal consequences and should therefore pay special attention to even the limited contacts between the two countries constitute the act of, if not necessarily mean recognition of show, nor as as a tacit recognition.
example, without a recognized government and a common participation in international conferences or international organizations,[link widoczny dla zalogowanych], the conclusion of multilateral or bilateral agreements, does not mean tacit recognition of the government; diplomatic representatives under certain circumstances the temporary retention and consular stay,
does not mean tacit recognition; and not recognized between the Government (including direct negotiations, still fail to establish diplomatic nature of the office visits of senior officials and even
) is not equal to the default show recognition. (c) consular certificate issued (which may constitute a tacit recognition); ... ... > mutual recognition theory is that the most powerful that it is consistent with the principle of sovereign equality of States, to avoid recognition of a country to be recognized by another country may bring unequal status between the two countries. In fact, the principle of sovereign equality of States is not to say in any matters of any country have the same rights and equal status. As a national law as a unilateral legal acts, international law also has unilateral legal act, it is the rights of countries in the actual exercise of the process limited by law and in fact the result, not the principle of sovereign equality of States divergence.
on international law, the legal validity of unilateral acts, the 1974 International Court of Justice ruling in the case of the nuclear test made the following statement: This is widely recognized. This declaration may be and often is very special. When making the announcement of the intention of the State is to make it binding force generated by content, the intent of the law to give such a declaration of the nature, Therefore, the law of the State be required to perform consistent with the behavior of the declaration. this behavior once and made public the intention of binding, if not the occasion to make in international negotiations, but also binding. In this case, under the force of the declaration does not require any declaration or attendant in exchange for acceptance, even from other countries are not required to answer or reaction, because such a requirement would be inconsistent with the State made a declaration according to strict unilateral nature of legal acts. Can be said that any national government has acknowledged that other national government or government recognized the rights of other countries, but this right must be exercised is for the substantive and procedural object consistent with international law. New Government recognizes the existence of a fact long been recognized in international law, national government, is recognized by international law with the generally accepted system run counter to the program is not consistent with international law.
(b) there is a certain system of international law in order
theory of mutual recognition of supporters to raise another question is, if recognition is not mutual, but only existing national government unilaterally the new national government recognize that what kind of national governments to be eligible as existing national government, while the first group do not need to be recognized how the existing national governments in international law? It seems more reasonable explanation for this is that the Government can do some countries do not have to be recognized.
International law is created by the state, rather than the opposite. In the rule of recognition arise, there must have been a part of the first countries with international law status. As a founding member of international organizations has never been suspected after the country joined the organization's founding it had the same qualifications were not recognized by the national government to deal with international governments on the age-old question of international legal status, at best, can only no way to deny the establishment of diplomatic relations was recognized in domestic law on the legal status.
as a new development of China's external political and diplomatic relations between the guiding ideology, the Chinese leader Mao Zedong was in March 1949 of the CPC Central Committee plenary session report: imperialist hostility of the Chinese people must not be quickly to treat us as equal, as long as they do not change its hostile attitude, we will one day imperialist countries in China do not give a legal status. summarized as this more specific:
can be seen from here, China's diplomatic practice does not involve from the outset, the eligibility of other national governments, are concerned about is their legal status in China, which should be resolved through the establishment of diplomatic relations.
what is meant by measure the number.
one scholar pointed out that support this view in a new country has been a lot of national recognition, the recognition results can be extended to all other countries assume that, unless the facts show that these countries would not recognize it.
same theory can be applied to government recognition. We can believe that if a government has been a universal and representative number of existing express or implied recognition of the government,[link widoczny dla zalogowanych], and international practice has been repeatedly seen as the legitimate representative of their country, then the government is an existing government. 
(c) certainly helps to recognize the unilateral nature of the political and legal effect from the facts support the theory.
supporters of the theory of mutual recognition is also an argument put forward is strong evidence the mutual recognition of the fact that the theory of recognition. While mutual recognition is to prove that the two sides prior to recognition as a way to objective reality, but it is not the only thing he's the only way. Unilateral recognition of the same can be proved to be recognized before it is recognized in the objective existence, because they do not recognize and can not be denied the status of international law recognized the principle that those who have long been generally accepted, and became an important feature of the fact that doctrine. Since the mutual recognition of the unilateral recognition and respect in support of the fact that the role of Marxist and non-discriminatory, then the fact that not a doctrine to support the theoretical basis of mutual recognition. 
theory of alleged mutual recognition of the political and legal have a significant effect. A support of the theory of mutual recognition on Ning wrote: The plot is difficult to succeed in the new government; from a legal point of view, each of those who seek to play Chengren Chengren means of forcing the country had to seriously consider the refusal to recognize the new state or a result of the new government does not recognize each other on their by The legal consequences arising from this new country, or the protection of the legitimate rights and interests of the new government is of great practical significance. better.
In politics, as long as the stick to the facts the theory is sufficient to eliminate a number of countries unilaterally recognize the gift of recognizing State may show anxiety or insulting, because will not recognize or not recognize the existence of those facts to be recognized impact reflects nothing more than recognition of the country the level of awareness of this fact. Even admitting that the country out of political considerations with the fact that contrary to the behavior, to be recognized as bringing a sense of grace or insult, it is not by unilateral or mutual recognition of decisions. Although the unilateral recognition of the Theory can not be recognized by the other party to counter the other side does not recognize the non-recognition, but there are other remedies (not established diplomatic relations is one) to make does not recognize their country pay for that.
in law, unilateral recognition did not imply recognition of the country can choose whether to give the one hand, be recognized in the legal status of their countries, on the other hand no doubt be recognized as persons in the country has legal status. Generally speaking, are not recognized government is not recognizing the legal status of the domestic, but acknowledged that the government recognized the government in the domestic legal status is a problem in the concept of unilateral recognition Recognition in clearly not involved content, but to the Ministry of Foreign Relations Law to be adjusted. If the government refuses to recognize the new government existing between the two countries established diplomatic relations with nature impossible,[link widoczny dla zalogowanych], the government will simply not possible under the existing diplomatic relations with China in the new government have legal status. Existing government does not recognize the new government did not recognize the new government would mean the domestic legal system, naturally there is no reason to complain about their own interests can not be affected by the new government protection of domestic law, the new government will not bear international responsibility for this. In this way, existing government does not recognize in advance the legal consequences of an assessment.
(d) theory is the essence of mutual recognition of confused diplomatic relations and recognition. 
the case of mutual recognition does exist in international practice, this does not mean that sex has always been mutual recognition of the essential aspects, it is because of Some of the previously mentioned examples of mutual recognition, most of them come from the formal sense understanding that both sides can recognize each other, the recognition of each party to make it happen, once the effects of recognition, without the other's consent. This recognition should be consistent with the concept of unilateral recognition, he incurs approver or a new government,
or although not a new government, but has since emerged as the new government recognition to those who have not been recognized by now.
The theory of mutual recognition, it is understood in from the real meaning, that both sides must recognize each other to form a complete recognition of the two sides agree that Chengren can be effective, the same as the establishment of diplomatic relations. This understanding is actually tantamount to diplomatic recognition and confused with, or is to recognize as a political weapon to use revenge. As discussed in the paper on Ning as: those of friendly countries, who had been subjected to colonialism, slavery, followed by Lei and independent country, the problem does not exist. regarded as generally applicable.
similar understanding of the views of the latter was criticized early on. Chen countered the early years constitute a strong body of theory when he said that, in accordance with the form that recognition of the creation of the so-called national legal personality to say, this character is completed only in the act of recognition to exist, which is equal to that recognition into a mutual act or a the nature of the behavior of two protocols, one has no legal existence can not explain how an entity engaged in an established presence in the pre-assumption on the basis of their personal behavior.
Instead, Lauterpacht that recognition is the recognition of a unilateral act. Granted for the so-called unilateral violation of state sovereignty and international personality of the accused the principle of equality, sovereignty and Lauterpacht that the principle of equality between countries only in the existing application, and recognition did not always subordinate to the new nation to lay the mark, because the recognition once made to create an international obligation, like any other obligations, and its binding force of international law and not from the will of the countries concerned. For recognition as a unilateral act also required even if an already existing entity in the legal point of view, he interpreted as an act of recognition through the existing international legal system, the new state cover part of the international community to act.
Therefore, since the recognition of the role is recognized and accepted the fact that a certain state, it can only be a unilateral act, which is endorsed by declaring said. Thus, unilateral action theory and composition, said although inconsistent, but consistent with the declaration said.
above analysis applies equally to government recognition of the theory.
(e)
theory as a branch of mutual recognition and the extension of some scholars in China also proposed a
this view, China has not only refused to accept the expense of other countries As recognized terms proposed, or even turn provides its own conditions for recognition. Any recognition of the PRC Government, and if these conditions are not met, that is not fully recognized, as the United Kingdom, the Netherlands, the United States relationship with China as the first. But as this view itself has recognized, the PRC government's Therefore, the
recognized in the nature of a unilateral act, and the International Court of Justice in the Nuclear Tests case, not all unilateral acts that have created obligations, unless the countries have made this act bound by the intent of the act, and by a clear interpretation of the act down.
Indeed, a country once the new government to recognize another entity to the entity that it has been considered as eligible for the government and their interaction, but not so for recognition of the country immediately recognized entity in full accordance with this qualification to interact with the entity to establish a fully equivalent to the link between the Government (the highest form of the establishment of diplomatic relations). Governments can own such a link between them should meet the prerequisite requirements, but whether these conditions are met or not, should not affect a country's new government of another state the qualifications, because without such a determination to do mention any subsequent contact. Logically, a position in government is deemed inappropriate for other countries provided their conditions unilaterally determined. If its purpose is to identify on the basis of such countries to establish links with other, this time under the condition that link conditions rather than conditions found that the conditions of establishment of diplomatic relations, not the conditions for recognition. The Chinese government's Therefore, recognize the PRC Government, it means exclusion of any other self-proclaimed entity of the Chinese government acknowledged the possibility, means must be cut to establish such an entity based on the recognition of official relations, and in all international occasions ( including international organizations) to respect the status of the PRC Government. Recognition does not meet this condition still has the nature of recognition, as long as it is recognized by the recognizing State to the form, even if in fact detract from the integrity of recognition, it does not therefore affect the composition of recognition itself, only However, the results can not only lead to establishment of diplomatic relations.

III, the conclusion 

concluding the government recognized by the major theoretical viewpoints, especially in the context of mutual recognition of the critical analysis of theory, a most important conclusion is: the recognition of its nature statement is a unilateral act. 
recognized as a major new government by the existing status of the government must act unilaterally, which is received by the majority support of the theory and practice of international law. Each individual or long-term the new government does not recognize the existing mutual recognition between the Government is a special case, does not change the nature of recognition itself. On the contrary, it can be said that mutual recognition is composed of two relative to each other constitute a unilateral act of recognition, the lack of any recognition will not affect the other properties. 
recognized as a politically motivated by the impact of unilateral legal acts. Recognize the existing government, when the new government should follow certain objective legal standards, that is, the principle of effective rule. A new government as long as the effective exercise of their domestic power in the international community have the ability to fulfill its international obligations,[link widoczny dla zalogowanych], be eligible to receive recognition from other countries. On the other hand, existing government unilaterally decided to grant recognition, they often contain a strong political motivation, and thus affect the new government to determine compliance with legal standards. 
recognition is a declaratory effect of unilateral acts. For there is in fact the new government, other countries recognize it or not will not affect its status under international law. As for the fact there is no Meanwhile, the existing government has not in fact obliged to recognize the existence of the new government. 
admit that you use different forms of unilateral acts. Existing Government for recognition of the new government can be either explicit, it can be implied. Mutual recognition is not a recognized form of original, although in international practice there are such situation exists, but only in the specific context of unilateral recognition of the special performance, does not have the theory of universal significance. 
unilateral recognition is like a double-edged sword, there may also be recognized to the approver and causing difficulties, one of the reasons is that the inevitable political considerations. History for political reasons to deny recognition of countless examples, the experience since the founding of the PRC Government is only one of the more prominent one. While acknowledging the declaration of the results to a certain extent, offset the negative impact of unilateral recognition, but international law scholars did not stop there. Like China, recognized by the victims of political use of state was particularly positive. 
order to solve the unilateral recognition of the inconvenience, international law scholars launched a number of new theories and practices, including those from the angle created by recognized mutual recognition theory.
trying to keep Chengren this theory under the premise of the form to expand its content, the end-result is that unilateral recognition in international law to minimize the negative impact of the practice. However, the theory of mutual recognition of the contents of the inclusions in the establishment of diplomatic recognition of form, shape and make recognition of non-God, which should be in international practice, few. Nevertheless, mutual recognition theory has not been enough attention in international law the recognition of the field had a very useful exploration of the theoretical development of international law is a very positive contribution. While affirming the government
the unilateral nature of the act of recognition, we also see the real impact of political factors, but this is international law as a whole can not avoid the problem, not simply Recognition in cancellation or fundamental change can be solved . There is reason to believe that international law can be an effective constraint, the Government acknowledges the international community will still continue to play its irreplaceable role.

(This article reprinted from the Center for Chinese Legal Studies, and by the station Mr. Wang Jiangyu agree)

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