The Concept of the State and its Right of Existence
Journal: Cambridge Journal of International and Comparative Law
Year: 2015

The right of a state to existence has two aspects: the putative right of an entity to become a state and the right of an existing state not to be extinguished, or territorially diminished. In a world completely divided between states, the two aspects of the right of a state to existence lead to conflicts. Neither aspect of a right is absolute, however. The article considers the various conceptualisations of the state in international law and makes an argument against the anthropomorphic definiti