Congratulations! President Biden, from World Leaders
Introduction
On January 21st, 2021, I read in a daily newspaper that Prime Minister of Pakistan Imran Khan congratulated President Joe Biden after his inauguration ceremony at Capitol Hill. Why he did that? And why other world leaders across the globe are congratulating him? Well, congratulating a head-of-government during his/her inauguration is the mean of recognizing his/her government which is mandatory under International Law.
Recognition
According to the Constitutive Theory, States get Rights and Duties under International Law when they are recognized by other States. Under International Law, there are three types of recognition:
1. Recognition of a State
2. Recognition of a Government
3. Recognition of an Individual
In recognizing a State as a member of international community, the existing States declare that in their opinion the new State fulfills the conditions of Statehood as required by International Law. — Oppenheim
Recognition of Government
As far as the recognition of a government is concerned it depends on facts and circumstances.
- If the change in government takes place peacefully or in accordance with constitutional provisions, then such government received recognition from other states.
- If the change in government takes place forcefully or through revolution then other governments have to see whether the new government commands the respect of the majority of the people of that territory.
Tobar Doctrine
In 1907, Carlos Tobar, Foreign Relations Minister of Ecuador, gave Tobar doctrine. It is also called the doctrine of legitimacy. It suggests that governments that came into power by extra-constitutional means should not be recognized, at least until the change had been accepted by the people. This policy was particularly applied by the United States in relation to Central America and was designed to protect stability in that delicate area of the Panama Canal.
Estrada Doctrine
It is a political doctrine given by J. Estrada, Mexican Secretary of Foreign Relations, in 1930. It is opposite to Tobar Doctrine. It suggests automatic recognition of governments in all circumstances. It is quite unrealistic, particularly where there are competing governments. It has also been criticized as minimizing the distinction between recognition and maintenance of diplomatic relations.
Congratulations President Biden
So, Congratulating President Joseph R. Biden and recognizing his administration is the requirement of International Law and a means of showing friendly and peaceful gestures towards his administration and the United States.
