Dismemberment of State

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Dismemberment of State

Dismemberment of State

Embracing mainstream international law, this section on dismemberment of state explores the context, history and effect of the area of the law covered here.

“If employed in a broad sense, “dismemberment” may refer to all events which result in a State’s territorial change, including (1) the disappearance of a State on the basis of a treaty or an annexation, the former State becoming part of one or more States, (2) the diminution of a State’s territory by way of an annexation, a cession or the secession of one part, or (3) the disappearance of a State and the creation of two or more new States on the territory of the extinguished State. The Vienna Convention on Succession of States in Respect of Treaties (1978) indeed treats for its specific purposes all these cases together in Art. 34; it states that certain consequences arise “when a part or parts of the territory of a State separate to form one or more States, whether or not the predecessor State continues to exist…..” Remarkably, the Convention relies upon the term “separation” in this context and avoids the concept of dismemberment.” (1)

Resources

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Notes

  1. Encyclopedia of Disputes Installment, 1987

Further Reading

  • The entry “dismemberment of state” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

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