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The Decolonization of International LawState Succession and the Law of Treaties$
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Matthew Craven

Print publication date: 2007

Print ISBN-13: 9780199217625

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199217625.001.0001

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Conclusions

Conclusions

Chapter:
(p.259) Conclusions
Source:
The Decolonization of International Law
Author(s):

Matthew Craven

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199217625.003.0005

This concluding chapter presents a synthesis of discussions in the previous chapters. It suggests that Sir Henry Maine's account of emancipation — as encapsulated in a move from ‘status to contract’ — may have significance as regards the similar process of emancipation occurring in the middle of the 20th century in the form of decolonization, and for more recent debates concerning the putative ‘fragmentation’ of international law in the early 21st century. It then addresses the question how one might place the experience of decolonization in the context of the developing law of State succession, as experienced through the lens of late 20th-century transition.

Keywords:   State succession, decolonization, codification, Sir Henry Maine, international law

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