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International Law

International Law (1st edn)

Vaughan Lowe
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date: 19 July 2024

4. Stateslocked

4. Stateslocked

  • Vaughan LoweVaughan LoweQC Chichele Professor of Public International Law, and a Fellow of All Souls College, University of Oxford

Abstract

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter examines three concepts of State: first, that of the territory of the State, which is an area; second, that of the border of the State, which is a line having adjacent to it a vaguer ‘frontier’ zone; and third, that of the State itself, which is a legal concept that denotes the political society that is based in the territory. It begins with a discussion of how we know that a piece of territory belongs to one State rather than to another. It then considers the requirements that states must meet as a person of international law: a permanent population; a defined territory; government; and the capacity to enter into relations with the other states. Next, the chapter deals with the requirement of ‘legitimacy’ that must be satisfied by candidates for Statehood, focusing on the issues of recognition in domestic law and state succession.

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