Most modern authorities reject the constitutive theory of statehood, citing among other reasons that it leads to subjectivity in the notion of the state. Another problem is that recognition, even majority recognition, is not binding on third states in international law. An example of this was the status of the "State of Palestine" throughout the 1990s which at the time was recognized as a state by over 100 states, yet did not at the time command sufficient support to establish the constitutive theory of statehood as a particular rule of international law. In the absence of such a rule, under the constitutive theory other states are not bound to treat an entity as a state if they have not recognized it. Moreover, the constitutive theory is open to political abuse, as examples such as South African "homeland states" or the instigated secession of Katanga from the Congo as the State of Katanga.
Where the factual reality of the situation in the country does not quite match up to the requirements of Statehood listed in the Montevideo Convention recognition becomes important as proof that the claim to Statehood is good in law. While no single act of recognition will conclusively determine the legal status of an entity, acts of recognition may be evidence in support of its claim that it is a State. constitutive is often used with constitution , describing the rules according to the constituency.