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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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The Commencement of States

The Commencement of States

(p.651) Chapter 15 The Commencement of States
The Creation of States in International Law


Oxford University Press

This chapter discusses the temporal or transitional aspects of State creation, which are of particular significance in contested cases of secession or dissolution. Determining the date of the commencement of a new State may be difficult, but may be necessary, both in international and municipal forums. The problem has two aspects: the precise application of the criteria of statehood to particular factual situations at the relevant period, and the application of various rules or presumptions which may attribute personality, at least in certain respects, to entities in the process of becoming States. The latter qualify the general principle that the attributes of statehood await the definitive constitution of the State. In practice, especially in secessionary situations, considerations of continuity and effectiveness may render the qualifications — at least retrospectively — more important than the general principle.

Keywords:   statehood, commencement, international forums, transitional aspects, state creation, municipal forums, secession, continuity, effectiveness

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