208
i n t e r nat i o na l l aw
the criteria for statehood in the sense that the more overwhelming the
scale of international recognition is in any given situation, the less may
be demanded in terms of the objective demonstration of adherence to
the criteria. Conversely, the more sparse international recognition is, the
more attention will be focused upon proof of actual adherence to the
criteria concerned.
Extinction of statehood
51
Extinction of statehood may take place as a consequence of merger, ab-
sorption or, historically, annexation. It may also occur as a result of the
dismemberment of an existing state.
52
In general, caution needs to be ex-
ercised before the dissolution of a state is internationally accepted.
53
While
the disappearance, like the existence, of a state is a matter of fact,
54
it is
a matter of fact that is legally conditioned in that it is international law
that will apportion particular legal consequences to particular factual sit-
uations and the appreciation of these facts will take place within a certain
legal framework.
While it is not unusual for governments to disappear, it is rather rarer
for states to become extinct. This will not happen in international law as
a result of the illegal use of force, as the Kuwait crisis of August 1990 and
the consequent United Nations response clearly demonstrates,
55
nor as a
consequence of internal upheavals within a state,
56
but it may occur by
consent. Three recent examples may be noted. On 22 May 1990, North
and South Yemen united, or merged, to form one state, the Republic
of Yemen,
57
while on 3 October 1990, the two German states reunified
as a result of the constitutional accession of the
L¨ander
of the German
51
See e.g. Crawford,
Creation of States
, pp. 700 ff., and
Oppenheim’s International Law
, p.
206. See also H. Ruiz-Fabri, ‘Gen`ese et Disparition de l’ ´Etat `a l’ ´Epoque Contemporaine’,
AFDI, 1992, p. 153.
52
Oppenheim’s International Law
, pp. 206–7. Extinction of statehood may also take place as
a consequence of the geographical disappearance of the territory of the state: see e.g. with
regard to the precarious situation of Tuvalu,
Guardian
, 29 October 2001, p. 17.
53
See e.g. Yugoslav Arbitration Commission, Opinion No. 8, 92 ILR, pp. 199, 201.
54
Ibid.
55
See further below, chapter 22, p. 941.
56
Such as Somalia since the early 1990s: see e.g. Security Council resolutions 751 (1992);
767 (1992); 794 (1992); 814 (1993); 837 (1993); 865 (1993); 885 (1993) and 886 (1993).
See also Crawford,
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