Recognition

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Recognition

The confirmation or Acknowledgment of the existence of an act performed, of an event that transpired, or of a person who is authorized by another to act in a particular manner.

In tax law, a capital gain is recognized when a taxpayer has actually received payment. Such gain must then be reported on Income Tax forms, and capital gains tax must be paid on it.

In International Law, the term recognition refers to the formal acknowledgment by one state that another state exists as a separate and independent government. Recognition is not a mere technicality. A state has no status among nations until it is recognized by other states, in spite of the fact that it might possess all other attributes of a state, including a definable territory and population, a recognizable government, and a certain amount of continuity or stability.

The decision to recognize a new national government is a political act that is in the discretion of the officials who are responsible for foreign policy. In the United States, the president makes the decision to recognize a country and can do so by making a formal announcement or by having another official, such as the Secretary of State, make the announcement for him. Recognition can also be informal, such as by opening negotiations with a new state or exchanging diplomats with it.

A nation is not truly sovereign and independent unless other nations recognize its sovereignty. Formal recognition operates to assure a new state that it will be permitted to hold its place and rank as an independent political body among the nations.

Recognition takes effect from the time it is given as if the state had always existed, and a new government can carry forward international projects initiated by the old government it replaces.Many difficulties come into play when a government is not recognized. For example, an unrecognized government is not entitled to participate in diplomatic negotiations or to have its laws applied in lawsuits or in jurisdictions.

The term recognition is also used in relation to armed conflicts. If a state of belligerency is recognized, then the law of war applies with all of its protections for prisoners of war and noncombatants. Recognition of a state of belligerency ordinarily comes from an uninvolved state that declares itself neutral. A neutral country is able to recognize a state of belligerency and carry on trade and diplomatic relations with both sides of the conflict.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

RECOGNITION, contracts. An acknowledgment that something which has been done by one man in the name of another, was done by authority of the latter.
     2. A recognition by the principal of the agency of another in the particular instance, or in similar instances, is evidence of the authority of the agent, so that the recognition may be either express or implied. As an instance of an implied recognition may be mentioned the case of one who subscribes policies in the name of another and, upon a loss happening, the latter pays the amount. 1 Camp. R. 43, n. a; 1 Esp. Cas. 61; 4 Camp. R. 88.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
The current trend toward commissioning comprehensive environmental assessments as a part of due diligence should result in a better basis for recognizing environmental obligations assumed in business combinations.
If Harry elects to be taxed on the partnership interest in the year of receipt, he will defer recognizing an additional $300,000 of compensation income resulting from appreciation of the partnership property prior to the time the risk of forfeiture lapses.
Recognizing these two principles, law enforcement officers who are sworn to uphold and defend the Constitution must understand and discern the limitations imposed on their authority to respect the rights guaranteed to people.
Senior leaders, recognizing the difference between immediately important resources and support and those that will be needed in the future, plan accordingly.
The artificial two-step process of first determining the validity of a project under the probable standard and then recognizing the value of only the items that satisfy the standard will lead to consistent overstatement of liabilities in years when the project expenditures are incurred.
* Community Paper Recycling Awards, recognizing communities that have successfully implemented paper recovery and recycling programs, were awarded to:
Kearney, II, signed a proclamation recognizing Contract Management Week.
Although our results highlight the challenge of recognizing SARS among hospitalized patients, the occurrence of seasonal respiratory infections such as influenza may further compound the difficulty in identifying a SARS case.
This has not prevented the Supreme Court from recognizing these rights.
Not recognizing these cultural differences can result in communications that just aren't relevant to the audience.
The legislature also passed a law recognizing domestic partners and their children as eligible for the World Trade Center Memorial Scholarship, which will pay for four years of college at a state institution or the equivalent funding applied to a private institution, and another law that emends workers' compensation benefits of up to $400 per week--or up to $20,800 per year for life--to same-sex surviving partners.
Consequently, they add, a few brain areas--in particular, a small patch of right-brain tissue just behind the ear--specialize in perceiving and recognizing faces.