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Legal Terms - Declaratory theory
The idea that a state acquires capacity (and personality) under international law the moment it becomes a legitimate entity (i.e., when it gains competence under local law). The community's declaration that it is a judicial institution generates this power on its own. The new state is internally legally organized when it is socially organized, and as a result, it is capable of acting in a way that involves taking on international responsibility. Consequently, this theory holds that *recognition does not produce a new state from nothing.
The idea that a state acquires capacity (and personality) under international law the moment it becomes a legitimate entity (i.e., when it gains competence under local law). The community's declaration that it is a judicial institution generates this power on its own. The new state is internally legally organized when it is socially organized, and as a result, it is capable of acting in a way that involves taking on international responsibility. Consequently, this theory holds that *recognition does not produce a new state from nothing.
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