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2. Definition of state:
According to Phillimore:
"The state is a people, permanently occupying a fixed territory bound together by
common laws, habits and customs into one body politic, excercing through the
medium of organized government independent sovereignty and control over all
persons and things within its boundaries, capable of making war and peace and of
entering into all international relations with the communities of the globe."
According to Lawrence:
"State is a political community, the members of which are bound together by the tie
of the common subjection to some central authority, whose commands the bulk of
them habitually obey."
According to Holland:
"State is assemblage of human beings organized for law, generally occupying a
certain territory."
II. Government:
Government is the machinery or agency through which the will of the state is
formulated and expressed. government rule according to the law of the law.
III. Sovereignty:
Sovereignty is the supreme, original and unlimited power exercised over all person
within the boundaries of the state, independent of every outside power.
IV. Territory:
There must be territory in which the people have settled down. the state is
territorial association. its membership is confined to the people living in its territory.
4. Kinds of state:
The main and important kinds of states are as under.
(a) Confederation.
(b) Federation.
(c) Condomonium.
According to Openheim:
"A succession of international persons occurs when one or more international
person, in consequence of certain changes in the letter's conditions."
According to Brownlie:
"State succession arises when there is definite replacement of one state by another
in respect of sovereignty over a giver territory, in confirming with international law."
former state.
Case law
German Settlement in Poland (PCIJ 1923)
"It was held that private rights do no come to end by the change of sovereignty.
(iv) Contracts:
Law relating to the contracts on succession of a state is not well established state
practice suggests that succession of contracts depends upon the discretion of the
succeeding state.
(vii) Nationality:
The nationals of the former state lose their nationality and become nationals of the
new state. generally certain period is granted to the people to decide about their
nationality.
(viii) Laws:
As far as laws of the former state are concerned, they continued to operate until
amended or changed.
(ii) Rivers:
(a) Nation rivers.
(b) International law.
(c) Boundary rivers.
(d) Non national rivers.
(iii) Cannals:
(iv) Territorial or maritime belt:
(v) Internal waters:
(a) National water
(b) Territorial water.
(vi) Contagious zone
(vii) Bays s gulfs.
(viii) Straits
(ix) Continental shelf
(x) Air space
12. Conclusion:
To conclude it can be said that state is a community of people occupying a definite
territory organized under a government which in its territory. when there it
transmission of rights and obligation of one state to another in consequences of
change of territoral sovereignty it is called state succession.