The Creation of States in International Law (2nd edn)
Contents
-
-
-
-
-
-
-
-
-
-
-
-
-
16.1 Identity and continuity of States: general considerations 16.1 Identity and continuity of States: general considerations
-
16.2 Some applications of the concept of continuity 16.2 Some applications of the concept of continuity
-
(1) Territorial changes (1) Territorial changes
-
(2) Changes in population (2) Changes in population
-
(3) Changes in government (3) Changes in government
-
(4) Changes in international status (4) Changes in international status
-
(5) Belligerent occupation (5) Belligerent occupation
-
(6) Continuity and illegal annexation (6) Continuity and illegal annexation
-
(7) Identity without continuity (7) Identity without continuity
-
(8) Multiple changes and State continuity: the case of Poland after 1945 (8) Multiple changes and State continuity: the case of Poland after 1945
-
-
16.3 Reversion to sovereignty 16.3 Reversion to sovereignty
-
(1) Rights of reversion by treaty (1) Rights of reversion by treaty
-
(2) Reversion of territorial enclaves (2) Reversion of territorial enclaves
-
(3) Postliminium (3) Postliminium
-
(4) Reversion to sovereignty (4) Reversion to sovereignty
-
-
-
-
-
-
-
16 Problems of Identity, Continuity and Reversion
Get access-
Published:15 March 2007
Cite
Abstract
International law is based on the assumption that States are continuous rather than static. This notion of State continuity has been criticised as misleading, over-general, and as giving an impression of objectivity where none exists. Three points may be made in defence of the concept of continuity, despite its sometimes artificial character. First, it preserves legal relations despite changes in the subjects of those relations, and it does so to a much greater degree than the law of State succession, which is often marked by discontinuity, in fact if not in law. Second, issues of identity often have strong salience for the people concerned, who see in the State as an entity the object of their allegiance. Third, from a legal point of view, the issue of continuity only arises when the question concerns particular legal relations, when what is in dispute is not the existence of a State at a given time but its identity with a State at another time.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Metrics
Metrics
| Month: | Total Views: |
|---|---|
| October 2022 | 23 |
| November 2022 | 15 |
| December 2022 | 18 |
| January 2023 | 4 |
| February 2023 | 17 |
| March 2023 | 12 |
| April 2023 | 34 |
| May 2023 | 23 |
| June 2023 | 7 |
| July 2023 | 12 |
| August 2023 | 18 |
| September 2023 | 27 |
| October 2023 | 17 |
| November 2023 | 24 |
| December 2023 | 20 |
| January 2024 | 13 |
| February 2024 | 11 |
| March 2024 | 22 |
| April 2024 | 33 |
| May 2024 | 23 |
| June 2024 | 6 |
| July 2024 | 9 |
| August 2024 | 44 |
| September 2024 | 50 |
| October 2024 | 32 |
| November 2024 | 29 |
| December 2024 | 42 |
| January 2025 | 55 |
| February 2025 | 35 |
| March 2025 | 54 |
| April 2025 | 168 |
| May 2025 | 43 |
| June 2025 | 34 |
| July 2025 | 23 |
| August 2025 | 32 |
| September 2025 | 32 |
| October 2025 | 61 |
| November 2025 | 30 |
| December 2025 | 35 |
| January 2026 | 31 |
| February 2026 | 36 |
| March 2026 | 60 |
| April 2026 | 63 |
| May 2026 | 52 |
| June 2026 | 54 |
| July 2026 | 9 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution's website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution's website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see "Sign in through society site" in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.