The Creation of States in International Law (2nd edn)
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17.1 General principles 17.1 General principles
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17.2 Extinction and illegal annexation 17.2 Extinction and illegal annexation
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17.3 State extinction and the possibility of prescription 17.3 State extinction and the possibility of prescription
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17.4 Extinction, merger and the creation of new States 17.4 Extinction, merger and the creation of new States
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(1) Voluntary absorption: the German Democratic Republic (1) Voluntary absorption: the German Democratic Republic
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(2) Extinction by merger: Yemen (2) Extinction by merger: Yemen
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(3) Extinction by voluntary dissolution: the Czech and Slovak Federal Republic (3) Extinction by voluntary dissolution: the Czech and Slovak Federal Republic
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(4) Extinction by involuntary dissolution: the Sfry and its successor States (4) Extinction by involuntary dissolution: the Sfry and its successor States
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17.5 International law and the survival of States 17.5 International law and the survival of States
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17 The Extinction of States
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Published:15 March 2007
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Abstract
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.
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