Question

What is the Tobar doctrine in relation to recognition of government?

• A. Recognition must be automatic for all governments in all circumstances.
• B. Governments which come to power by extra-constitutional means should not be recognised until the change has been accepted by the people.
• C. Recognition of government is solely to be based on de facto control of the State’s territory.
• D. Recognition of government is solely to be based on de jure control of the State’s territory.

Hint:

Contrast the Tobar Doctrine (legitimacy test) with the Estrada Doctrine (Mexico, 1930), which rejects the practice of formal recognition altogether, stating that states should simply maintain or withdraw diplomats without passing judgment on a government's legitimacy.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks for the definition and core principle of the "Tobar Doctrine," which governs the international recognition of revolutionary or extra-constitutional governments.

Step 2: Key Legal Principles and Approach:
In international law, the recognition of governments deals with whether a newly established regime should be accepted as the official representative of a state.
Different doctrines exist to guide states in this decision (e.g., the Estrada Doctrine, the Tobar Doctrine, and the Jefferson/De Facto Doctrine).

Step 3: Detailed Explanation:

• Origin of the Tobar Doctrine: The doctrine was formulated in 1907 by Dr. Carlos Tobar, the Foreign Minister of Ecuador.

• It was subsequently incorporated into a treaty between Central American states in 1907 and 1923.

• Core Principle of the Doctrine: The Tobar Doctrine (also known as the Doctrine of Constitutional Legitimacy) states that states should refuse to recognize any government that rises to power through extra-constitutional means, such as a coup d'état, revolution, or civil war.

• Under this doctrine, recognition should be withheld until the new regime has been legitimized by the population through democratic and constitutional processes (such as free elections).

• Purpose of the Doctrine: The primary goal of the Tobar Doctrine was to discourage revolutions, military coups, and political instability by denying international legitimacy to unconstitutional regimes.

• Comparing this definition with the options, Option (B) accurately states that governments which come to power by extra-constitutional means should not be recognized until the change is accepted by the people.

• Therefore, Option (B) is the correct answer.

Step 4: Final Answer:
The Tobar Doctrine advocates for constitutional legitimacy, advising against the recognition of revolutionary regimes until they are democratically approved, making Option (B) the correct answer.