Define What is Constitutive Theory?

Constitutive Theory Meaning

It means to be the constituent element of or to give a legal form to a court , tribunal, country etc. Importance is given to the process of recognizing and it is the unavoidable element. It is related to the states for recognizing the statehood, what matters is the recognition of it.

Personality of the state in connection with international law matters when it is recognized otherwise not. To become a member of the family which is constituted by nations, the personality can be acquired by the political community when and only when it is recognized and it can take part in the International Law.

State having population or territory defined well or a well established government or any other qualification for entering into International Law, still it cannot become part of the family unless it fulfills the criterion of recognition. It is the exclusive parameter for becoming part of the International Law.

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