The Concept of the State

Creation of the States

The generally accepted methods by which the status of a state is acquired are:
Revolution
Unification
Secession
Assertion of independence
Agreement
Attainment of civilization
3.Principle of State Continuity
From the moment of its creation, the state continues as a juristic being notwithstanding
changes in its circumstances, provided only that they do not result in loss of any of its
essential elements.
Once its identity as international person has been fixed and its position in the
international community established, the state continues to be the same corporate person
whatever changes may take place in its international operation and government.
5.Extinction of the State
Extinction of the state takes place when there is a radical impairment or actual loss of one
or more of the essential elements of the state.
2.Succession of States
State succession takes place when one state assumes the rights and some obligations of
another state because of certain changes in the condition of the latter.
Succession of the state may be either:
Universal- there is a universal succession when a state is annexed to another state
or is totally dismembered or merges with another state to form a new state.
Partial- takes place when a portion of the territory of a state secedes or is ceded to
another or when an independent state becomes a protectorate or a suzerainty or
when a dependent state acquires full sovereignty.


Succession of Governments
When one government replaces another either peacefully or by violent methods.
When the government was organized by virtue of constitutional reform duly ratified
in a plebiscite, the obligations of the replaced government are also assumed by the
former.
When the government was established through violence, it may lawfully reject the
purely personal or political obligations of the predecessor government but not those
contracted by it in the ordinary course of official business.





















Recognition
Even if an entity has already acquired the elements of international personality, it is
not for this reason alone automatically entitled to membership in the family of nation.
Their admission depends on the acknowledgement of its status by those already members
and their willingness to enter into relations with it as a subject of International law.
Kinds of Recognition
Express recognition- may be verbal or in writing. It may be extended through a formal
proclamation or an announcement, a letter or telegram or on the occasion of an official call
or conference
Implied recognition- when the recognizing state enters into official intercourse with the
new member by exchanging diplomatic representatives, concluding with it a bipartite
treaty dealing comprehensively with their relations.
Objects of Recognition
Recognition of a state
Recognition of a government
Recognition of belligerency
1.Recognition of State
The recognition of a new state is the free act by which one or more states acknowledge the
existence on a definite territory of a human society politically organized, independent of
any other existing state, and capable of observing the obligations of international law, and
by which they manifest therefore their intention to consider it a member of the
international community.