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States Recognition and Succession
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Declarative Theory of Recognition
States exist by virtue of their capacity to meet the criteria for statehood and not by recognition from existing states.
Dissolution of a State
A state ceases to exist and its territory and population may form one or more new states or become part of an existing state.
Government Succession
The process in which a new government takes the place of the previous governing body and assumes its responsibilities and obligations.
Stimson Doctrine
Non-recognition of territorial acquisitions or special advantages gained by aggression.
State Succession in respect of state property, archives, and debts
The transfer of state assets, historical records, and financial obligations as a result of changes of sovereignty.
Principle of Effectivity
Only entities that effectively control territories and have stable institutions are considered eligible for statehood.
Estrada Doctrine
A policy of considering a state as recognized without an explicit declaration; automatic recognition.
Conditionality of Recognition
The recognition of a state or government may be contingent upon certain conditions being met that relate to conduct or guarantees.
Creation of a New State
An entity acquires international persona and the capacity to enter into relations with other states; recognition is not necessarily required.
Sovereign Immunity
A legal doctrine where a sovereign state is not liable to the jurisdiction of foreign national courts.
Responsibility to Protect (R2P)
A global political commitment to prevent genocide, war crimes, ethnic cleansing, and crimes against humanity; can affect recognition of states and governments.
Montevideo Convention Criteria
Defines the legal criteria for statehood: a permanent population, a defined territory, government, and capacity to enter relations with other states.
Recognition of Belligerency
A status granted to warring parties in a civil war, considering them as having rights and obligations under international law.
De Facto Recognition
A state is recognized as having control over a territory but not full legal acceptance; temporary.
Succession in respect of treaties
A process where a newly independent state comes to terms with the treaties of a predecessor state.
Non-recognition of Occupied Territories
Refusing to acknowledge the annexation or control of territories occupied by a state through use of force in violation of international law.
Recognition of Insurgency
A situation where a non-state actor engaged in rebellion is recognized as having belligerent status without full political recognition.
De Jure Recognition
A state is recognized as the legitimate and permanent government of a territory; lawful status granted.
Constitutive Theory of Recognition
A theory in international law that states are sovereign when recognized by other sovereign states.
Uti Possidetis Juris
A principle where newly formed sovereign states assume the prior administrative borders that they held before their independence.
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