ABSTRACT
Some writers who have tended towards the constitutive theory have argued that there is a legal duty upon other states to recognise. This view is open to objection in that it is at variance with actual state practice; most states take the view that the decision to accord recognition or not is one for their discretion. This legal duty was asserted by supporters of the constitutive theory but its final result approximates the constitutive theory to the declaratory theory.
