Jump to ContentJump to Main Navigation
The Creation of States in International Law$
Users without a subscription are not able to see the full content.

James R. Crawford

Print publication date: 2007

Print ISBN-13: 9780199228423

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199228423.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 23 June 2018

Divided States and Reunification

Divided States and Reunification

Chapter:
(p.449) Chapter 10 Divided States and Reunification
Source:
The Creation of States in International Law
Author(s):

JAMES CRAWFORD

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199228423.003.0010

In the decade after World War II, certain territorial entities that had previously been either States (Germany, China) or at least distinct territories (Vietnam, Korea) found themselves divided into two or more separate units of administration. This phenomenon of the ‘divided State’ is believed to have given rise to a special juridical category of State, requiring separate treatment. Treating divided States as a separate juridical category overlooks differences as between different ‘divided States’ and blurs the similarity with cases not so categorised: in the field of territorial status, legal categories should not be uselessly multiplied. Although there is no separate category of ‘divided States’, they are nonetheless worth separate consideration because of their interest and importance. It is a mistake to treat the ‘divided States’ as a special juridical category, the subject of legal rules different in kind from those applying to States in general.

Keywords:   statehood, reunification, Germany, divided States, territorial status, Korea, Vietnam, China

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .