THE CREATION OF NEW STATES IN INTERNATIONAL LAW

-Aditya Rajasthani
BA0130003 (Section A)
Introduction
The emergence of such a large amount of new states represents one among the most
important political developments of the 20th century. It has modified the character of law of
nations and also the follow of international organisations. It's been one among a lot of
necessary sources of international conflict.
The creation of states may be a complicated method as a result of it's a combination of facts
and laws that involves the institution of specific factual conditions and fulfilment of specific
normative criteria of statehood. The creation of states is vital not just for a specific state,
except for the international community as an entire. Each day brings a lot of news concerning
new states, declarations of independence of break-away entities and issues connected with
their statehood, recognition or non-recognition of entities assuming to statehood. One among
the recently with success created states is South Sudan.
Unresolved problems associated with statehood end in a growing range of unrecognized
states, de facto states, state-like entities, states-within-states and contested states.
A number of those entities assuming to statehood don't seem to be recognized in the slightest
degree (e.g. Somaliland or Puntland). None of the present states needs to lose her territory or
to possess its territory and political independence vulnerable by the prospect of secession.
Consequently, in most of the cases, the creation of new states ends up in internal and
international conflicts. Conflicts connected with the creation of new states may also result in
the employment of force and, doubtless huge violations of human rights by each the present
states aiming at the preservation of their statehood and new entities aiming at secession and
independence. The proper way to self-determination of the individuals looks to be one among
the foremost necessary principles of law of nations guiding the creation of new states.
Objectives
1. To study the basic concepts of Statehood and State Succession.
2. To examine the criteria and the process involved in the formation of new States
3. To analyse the cases where application of Statehood was in question.

Research Questions
1. What are the various modes of creation of states in international law?
2. What qualifications should a state possess for Statehood in international law?
3. Are there any cases where application of Statehood was in question in international
law?
Research Methodology
The research methodology adopted is purely descriptive, analytical and doctrinal in nature.
The project undertakes an analytical and investigative research methodology.
Sources
This researcher in this project has relied on both primary and secondary sources for research
while placing main reliance on secondary sources. Primary sources such as conventions,
treaties, cases, and secondary sources such as various books, articles, documents, relating to
the Creation of New States in International Law have been followed.
Conclusion
The concept of creation of new states has clearly rejected the notion of sovereignty. The
newly formed states do not need to seek sovereignty from any other sovereign state because it
is implicit to acquire that when they are being bifurcated in order to form new state.
However, no state carries any form of omnipotence over the newly formed state.
Suggestions/Recommendations
The newly created states need a scientific set of measures not involving the employment or
threat of force, or the illusive relief provided by an intervention force but require- including
of freer access of aggregation countries to agricultural markets, acceptable arrangements for
delivery of health care and drugs, and then on for an improved State.
Bibliography
Cases
1) Legal Consequences for States for the Continued Presence of South Africa in
Namibia (South West Africa) Notwithstanding SC Resolution 246, 1971, 6, 31.
2) Civil Aeronautics Administration v Singapore Airlines Ltd [2004] SGCA 3.
3) Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. U.S.)

1986, I.C.J. 14, 202.

4) Barcelona Traction Case (Belgium v. Spain) 1970, I.C.J. 3, 33, (Feb. 5).
5) East Timor Case (Portugal v. Australia) 1995 I.C.J. 90, 29 (June 30).
Books
1) Malcolm N. Shaw, International Law, 6th edition, 2008. .
2) Ian Brownlie, Principles of Public International Law, 8th edition.
3) James Crawford, Creation of States in International Law, 2nd edition.
Conventions and Treaties
1) Montevideo Convention 1933.
2) ILC Articles on State Responsibility, 2001.
Articles
1) Constructing States: The role of the international community in the creation of new
states, by Amy E. Eckert.
2) The criteria for statehood in international law, by James Crawford