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Words: | Submitted: Mon Jun 19 2006
... (c) respect for the inviolability of frontiers; (d) acceptance of commitments to regional security and stability; and (e) to settle by agreement all questions concerning State succession".4 "The EC Guidelines they demonstrate that the Montevideo criteria of statehood are no longer considered in practice a sufficient basis for decision"5. As much has been written about the recognition of states there was a development of two competing theories: "The 'constitutive' theory withheld that in every legal system there's a requirement for the subjects of that system to be determined with certainty. As far as international law is concerned that determination has to be by States acting severally or collectively. On the other hand the 'declaratory' theory which suggests that the formation of a new subject of international law is a matter of fact not law. A new State can, therefore, come into existence irrespective of whether it has been recognized by existing States".6 "It ...
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