Sociology | Mercantile Law | International Law | International Relations

The two modes usually named for recognition of governments are ‘De-Facto & De-Jure’. Actually, they are not the modes in which the governments are recognized but they are the statuses of governments; as de facto recognition for de facto governments and de jure recognition for de jure governments.

For instance, Russian Communist Revolution of 1917 led by Lenin transformed the country to USSR. The USA recognized the new government as de-facto in 1921 and later in 1924 de-jure recognition was made.

Similarly, Ethiopian emperor flew abroad running a government in exile when Italy’s Mussolini invaded this land in 1935. UK as already had kept the status of de jure recognition for the emperor’s exiled government and granted de facto recognition to the new government formed there by Mussolini. Later when Mussolini’s government got strength UK withdrew de jure recognition given earlier to the emperor and spared it for the new one.

Thus under the light of examples mentioned above, it can be assumed that, de facto recognition is bestowed when the control of a new government is not firmly established otherwise de jure recognition is granted to the government possessing firm permanent control. They may also be defined in another way that, ‘de facto recognition involves a hesitant assessment of the situation, an attitude to wait and see, to be succeeded by de jure recognition when the doubts are sufficiently overcome to extend full acceptance.’ If we go through the history, it has remained a practice to preface de jure recognition with de facto recognition particularly when the new government comes into power through unconstitutional means. Thus, it is right to say that, degree of effectiveness of control distinguishes the grant of de facto and de jure recognitions. As said Brownlie, ‘if there is a distinction it does not seem to matter legally.’

But if these modes are taken in term of International Law then it goes clear that these are not the internationally recognized one. Under International Law, a government with effective control is a government no matter its dictatorship or democracy. The division has been maintained by the states in order to secure their vested interests with respect to the other states. Granting de facto recognition to a government which is instable does not create any problem for a state if it wants to withdraw it.

It must be mentioned that it is de jure recognition which enable the states to commence diplomatic relations, ensures claims to receive property, grants independence to the dependency; not the de fact recognition. De facto recognition can be withdrawn easily but in order to withdraw de jure recognition it is necessary that it must be granted to another government; as did UK in case of new government of Mussolini on Ethiopia.