Permanence of the state and the doctrine of continuity of the state

The concept of permanence of the state means that once organized, a State should continue to exist. Additions or the partial loss of territory due to factors like secessions, conquest, division, merger, etc. should not affect the juridical personality of the State. For example, after independence from British rule, India became a sovereign State despite part of its territory being taken away and made into a separate State, which also became sovereign. Similarly, the division of Czechoslovakia into the Czech and Slovak Republics did not mitigate the sovereignty of either. Furthermore, the division of Bangladesh from Pakistan in 1971 did not challenge the sovereignty of Pakistan. These changes or the changes in types or the nature of governments do not affect the identity or the international obligations of a State. This refers to the doctrine of the continuity of the state. It follows from the principle of State succession, meaning thereby that even if a new State takes over the old State or the latter is annexed or merged with another one, its sovereignty is transferred.


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