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New and Original States
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This chapter examines the case of States that lost their sovereignty to a colonial power and then gained political independence in the twentieth century. Should they be classified within the category of ‘original’ or ‘old’ states rather than ‘new’ states? It argues that upon regaining independence, States reverted to sovereignty rather than joining the family of nations as newcomers. A state reverting to sovereignty must be presumed to revert, not only to the measure of sovereignty which it lost in the past, but also to the régime of the law of nations (with the ensuing rights and obligations) which it was forced to abandon at the time of its elimination from the community of the law of nations.
Title: New and Original States
Description:
This chapter examines the case of States that lost their sovereignty to a colonial power and then gained political independence in the twentieth century.
Should they be classified within the category of ‘original’ or ‘old’ states rather than ‘new’ states? It argues that upon regaining independence, States reverted to sovereignty rather than joining the family of nations as newcomers.
A state reverting to sovereignty must be presumed to revert, not only to the measure of sovereignty which it lost in the past, but also to the régime of the law of nations (with the ensuing rights and obligations) which it was forced to abandon at the time of its elimination from the community of the law of nations.
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