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Which of the following are correct according to Constitutive Theory of Recognition? 1. Recognition is a…

Under the constitutive theory, recognition is the key to membership of the international community (1), is constitutive of new legal personality (2) and clothes the…

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Which of the following are correct according to Constitutive Theory of Recognition?
1. Recognition is a key to membership of the international community.
2. It is constitutive of a new international legal personality.
3. States are under a legal obligation to grant recognition to a newly emerging State.
4. Recognition clothes the government of the recognized State with authority and opportunity to conduct international relations.

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Answer and explanation

Correct answer A

Under the constitutive theory, recognition is the key to membership of the international community (1), is constitutive of new legal personality (2) and clothes the government with authority to conduct international relations (4); a legal duty to recognise (3) is not part of the theory, so "1, 2 and 4".

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