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The Creation of States in International Law$
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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

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Divided States and Reunification

Divided States and Reunification

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


Oxford University Press

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

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