State Formation and Dissolution: Methods and Principles

State Formation Methods

How does a state begin to exist? States can arise in several ways:

• A colony declares independence from its motherland.
• Two or more states merge to form a new state.
• New states emerge from the dismemberment of an existing state.
• A community establishes a state in a terra nullius (territory belonging to no one).

In each case, a state legally exists when its essential elements are met. The principle of effectiveness prevails in international law. A mere declaration of independence is insufficient; the lack of legitimacy from the former ruling entity does not prevent state formation.

State Extinction

States can cease to exist through:

• Fusion: Two or more states unite to form a new, larger state, losing their original identities.
• Incorporation/Annexation: A state is absorbed into another. Distinguishing between fusion and annexation can be challenging. Third states often recognize annexation when one predecessor's population plays a dominant role in the union (e.g., Italy's unification led by Piedmont).
• Dismemberment: A state divides into multiple new states, losing its original identity. If a portion of the original state remains, it retains the predecessor's identity.