Basics on the Practice of "de facto" and "de jure" Recognition

De Facto Recognition

A "de facto" recognition is derived from actions and contacts between two states if they enter into a relationship on a political level. The following acts shall inter alia be considered acts of this nature:

a) diplomatic activities by representatives of the states involved in connection with tasks between states, relationships etc.;

b) statements of a state on politically relevant issues and problems of the other state such as statement on mutual delimitation;

c) recognition and official endorsement with a visa of passports issued by the other state as traveling documents.

In addition, the opinions of internationally renowned experts on international law are considered a justification of the claim to the existence of a state - at least as a fundamental statement. The claim to the existence of a state might be a unilateral act at first - on the basis of such an expert opinion; acts in terms of the above-mentioned examples, however, also turn this claim into a "de facto" recognition.

De Jure recognition

"De jure" recognition, in contrast, is a mutual treaty such as between two states. This is an additional treaty to international regulations which already exist on an international level, are thus applicable anyhow and draw consequences derived from international law automatically.

Apart from this determination of special agreements between contractual parties (states), the execution of this formal act offers a series of advantages which also primarily serve the purpose of the self-portrayal of certain personalities. Moreover, special agreements also include the assumption of additional obligations which could potentially rather delimit a party's action potential.