Define what is Evidentiary Theory?

Evidentiary Theory Definition

It is also called the declaratory theory and refers to a document that formalizes the matters in way to make it known to the public. Contrary to the constitutive theory that emphasizes on recognition, this theory gives importance to the existence of the state as formal one and mentions that the fact is that the state exists and rest all are secondary and does not have any legal effect.

Recognition is considered as an acknowledgement of the facts only. If the characteristics such as defines territory or population etc exists then it becomes member of the group of nations by default of it is competent to maintain relations with other countries. It attains the membership of the International law sooner or the later. This theory is found to be accepted by Jurisprudents majorly.

It stresses on the fact that every state becomes part of the International Law or the family be default when it comes into existence. Recognition is post facto acknowledgement of the status hence it is not very material.

The basic qualification is that the political community should have the requirements of statehood and that would take care of the state becoming part of the group of nations in International Law.

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