In jurisprudence, there are two forms of adoption: de facto and de jure. These expressions over time from the professional environment of use have entered into public life. In this article we will tell you what these phrases mean and in which cases it will be appropriate to use them.
De facto. Meaning of the word
De facto acceptance is an official action recognized by authorized persons, but not entirely complete. This form is used when they want to prepare the basis for regulating relations between states. Or when the country's leadership considers the fact of recognition premature. An example from a story can be cited. In the nineteen sixtieth year, the leadership of the USSR recognized the Provisional Government in the Republic of Algeria . Often, after some time, de facto adoption becomes de jure adoption. In other words, the first is the preliminary stage of official confirmation. It turns out that de facto and de jure are interconnected. It is also worth noting that the first is currently quite rare in the international legal field.
De jure. Meaning of the word
This concept refers to international law in relation to states and its governing bodies. In everyday life, it means that which is not in doubt. For example, de jure adoption is unconditional and final. It implies the establishment of the right to conduct international relations between subjects of the international legal field and is often accompanied by an official statement on the recognition and establishment of diplomatic relations.
Besides the adoption of de facto and de jure, there is the so-called ad hoc. This concept means situational recognition, that is, at the moment. Such a case occurs when the government of one state enters into a one-time relationship with the leadership of another state, while adhering to a policy of official non-recognition. For example, when the question arises about the protection of their citizens in this country.
Types of recognition
The concepts of “recognition of governments” and “recognition of states” should be distinguished. The latter occurs when a new independent state appears on the international arena, which arose as a result of a political coup, war, division or association of countries, etc. The recognition of the leadership (government) of a state occurs mainly simultaneously with the recognition of the state as an independent entity. But history knows cases where a government has gained recognition without adopting a state.
Currently, there is a tendency when some individuals, representatives of the separatist movement, seek to obtain the status of opposition resistance bodies. And accordingly, the benefits and rights that arise from this.