DE FACTO RECOGNITION: When an existing State considers that the new State has not acquired sufficient stability, it may grant recognition to the latter provisionally which is termed as de facto recognition. According to Prof.G.Schwarzenberger, “When a state wants to delay the de jure recognition of any state, it may, in first stage grant de facto recognition.” The reason for granting de facto recognition is that it is doubted that the state recognized may be stable or it may be able and willing to fulfil its obligations under International Law. De facto recognition means that the state recognized possesses the essentials elements of statehood and is fit to be a subject of International Law. According to Prof.L.Oppenheim,“The de facto recognition of a State or government takes place when the said State is free state and enjoys control over a certain fixed land but she is not enjoying the stability at a deserved level and lacking the competence to bear the responsibility of International Law.” In view of the Judge Phillips C Jessup, “De facto recognition is a term which has been used without precision when properly used to mean the recognition of the de facto character of a government; it is objectionable and indeed could be identical with the practice suggested of extended recognition without resuming diplomatic relations.” The de facto recognition is conditional and provisional. If the state to which De Facto recognition is being given is not able to fulfil all conditions of recognition then that recognition is withdrawn.
DE JURE RECOGNITION: De jure recognition is granted when in the opinion of recognizing State, the recognized State or its Government possesses all the essential requirements of statehood and it is capable of being a member of the International Community. Recognition de jure results from an expressed declaration or from a positive act indicating clearly the intention to grant this recognition such as the establishment of diplomatic relations. According to Phillips Marshall Brown, “De jure recognition is final and once given cannot be withdrawn, said intention should be declared expressly and the willingness is expressed to establish political relations.
