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Part II Modes of the Creation of States in International Law, Ch.8 Devolution

James Crawford

From: The Creation of States in International Law (2nd Edition)

James R Crawford

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 02 March 2021

Two important methods by which new States are formed are the grant of independence by the previous sovereign and the forcible seizure of independence by the territory in question.1 These will be referred to as devolution and secession respectively. The key distinguishing feature is the presence or absence of metropolitan consent,2 although in some circumstances this distinction is formal and may even be arbitrary.3 In particular the relevance of metropolitan consent varies in different situations, especially when the principle of self-determination is at issue....
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