Constitutive Theory

Definition of Constitutive Theory

In accordance with the work A Dictionary of Law, this is a description of Constitutive Theory : The proposition that the existence of a state can only begin with its formal or implied *recognition by other states. The constitutive theory of recognition insists that only the positive act of recognition creates the new *international legal personality.

Compare declaratory theory.

Constitutive Theory

Embracing mainstream international law, this section on constitutive theory explores the context, history and effect of the area of the law covered here.

Resources

Further Reading

• The entry “constitutive theory” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press