Treaty of mutual recognition

From MicroWiki, the free micronational encyclopædia
Jump to navigation Jump to search

Crown Prince Phillip of the Kingdom of Pibocip and Co-Sovereign Carson I of the Kingdom of Northwood-Oregon signing a treaty of mutual recognitinon.

A treaty of mutual recognition, also known as a mutual recognition treaty (MRT), is a type of treaty that is commonly used to establish formal diplomacy between micronations. The primary purpose of a treaty of mutual recognition is to establish mutual diplomatic recognition between the signatories, which itself is a recognition of the sovereignty of the parties.

Mutual recognition treaties are the most common form of treaty within the micronational community due to their customary importance in micronational diplomacy. However, mutual recognition treaties are not practiced by or between macronations in favor of unilateral or implied diplomatic recognition. While able to also approach the practice of diplomatic recognition in a similar way, micronations do not commonly do so because of the ingrained practice of instead utilizing mutual recognition treaties.

Purpose

While many micronations claiming statehood do so through the declarative theory of statehood as layed out by the Montevideo Convention, micronations may still engage in the practice of diplomatic recognition between themselves to establish diplomatic affairs even if they do not see it as necessary factor in strengthening their claim to statehood. Micronations may also still engage in the practice while following the declarative theory as part of a pragmatic attempt to increase their own legitimacy within the micronational community.

Mutual recognition treaties may also serve to establish the exclusive recognition of a micronation's territorial claims by another. This may be used to counter another micronation's existing claim to the same territory or to disincentivize future conflicting claims from being made. While mutual recognition treaties rarely incorporate physical commitments to settle claim disputes, they may include clauses to prevent the other signatory from also recognising the micronation with the conflicting territory claim, effectively serving to diplomatically isolate the micronation.

As friendship treaties

The front cover and contents page of a mutual recognition treaty between the High Kingdom of Mediolaurentia and the Second Commonwealth of Australis.

Despite not directly intrinsic to establishing mutual recognition, many mutual recognition treaties incorporate additional elements that serve to facilitate further diplomatic relations between the signatories. The disconnect of these additional elements from the primary purpose of mutual recognition may arguably make the treaty more comparable to a treaty of friendship, also known as a friendship treaty, rather than one solely interested in mutual recognition.

One of these additional element which is common to mutual recognition treaties is a clause regarding non-aggression, being an agreement to not engage in military action against the other parties of the agreement. Another is a clause regarding economic cooperation or trade between the parties, though this does not typically rise to the level of a trade agreement due to such clauses being limited to encouragement. Mutual recognition treaties may also incorporate clauses guaranteeing freedom of movement of citizens through the national borders' of the parties or mutual cultural respect, which may be seen as a form of cultural diplomacy. A less common clause added into mutual recognition treaties is a clause establishing or guaranteeing the existence of a formal diplomatic mission between parties, though the commonly informal exchanging of diplomats within micronationalism may circumvent the need or want to include such clauses.

The prevelence of mutual recognition treaties acting as friendship treaties further illustrates the diplomatic importance of such treaties within the micronational community.

Comparison to macronational practice

Between macronations, states that are recognized as holding international legal personality, the concept of mutual recognition treaties is non-existant. Rather, macronations typically grant diplomatic recognition on a unilateral basis or may do so implicitly through an action that instrincially implies recognition of the other state, such as voting for their membership in an international organization reserved for sovereign states. Revoking recognition of a state is also a particular rarity between macronations, with most opting to rather refuse to recognise a particular action or government of that state instead.

Alternatives

Alternatives to mutual recognition treaties are actions that establish mutual recognition without the use of a treaty. These alternatives are not commonly used within the micronational community. Rather than establishing mutual recognition through a treaty, it may be established through reciprocal unilateral recognition given through domestic legislation or by the government of the micronations, though the latter may be more subject to simple revocation. Micronations may also opt to not formally declare the recognition of other micronations and rather utilize implied recognition by establishing diplomatic relations or signing a treaty.

See also