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Recognizing StatesInternational Society and the Establishment of New States Since 1776$
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Mikulas Fabry

Print publication date: 2010

Print ISBN-13: 9780199564446

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199564446.001.0001

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State Recognition Prior to 1815

State Recognition Prior to 1815

Chapter:
(p.23) Chapter 1 State Recognition Prior to 1815
Source:
Recognizing States
Author(s):

Mikulas Fabry (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199564446.003.0002

Chapter 1 investigates the early practice of state recognition. It reveals that prior to 1815 international legitimacy centered on the notion of state rights, which, given that most states were hereditary monarchies, was taken to imply dynastic rights. There was a general consensus that new states could be formed only with the consent of their legitimate parent sovereign. The ability to take effective control of a territory could not by itself establish legitimate titles to territory.

Keywords:   international legitimacy, consent, dynastic rights, effective control, title to territory

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