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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 Extinction of States

The Extinction of States

(p.700) Chapter 17 The Extinction of States
The Creation of States in International Law


Oxford University Press

This chapter examines the questions associated with State extinction, temporary or permanent. Specifically, it considers the circumstances for a State to become extinct so that the various incidents of succession are brought into play. A State is not necessarily extinguished by substantial changes in territory, population or government, or even, in some cases, by a combination of all three. Continuation of a State entity under a regime such as a protectorate with some degree of international personality may preserve the legal identity of the State over time. On the other hand, effective submersion and disappearance of separate State organs in those of another State over a considerable period of time will normally result in the extinction of the State, so long as no substantial international illegality is involved and there is no other perceived international interest in asserting the continuity of the State.

Keywords:   succession, state extinction, territiorial changes, government changes, population changes, legal identity, protectorate, international illegality

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