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that, contrary to the findings of the Bellagio panel, displaced islanders will be stateless in the sense of the 1954 Convention. In particular, we will argue that the general presumption of continuity of statehood cannot be applied to states like the Maldives if they become permanently and completely
solution that had been raised recently in the context of the Floating Island Project in French Polynesia. Finally, Section 4 explores the possibility of a merger or establishment of a federation with another State, which could in some cases require recognizing the State’s continuity of statehood and
Forum (pif) meeting in the Cook Islands. Thus, on the same day that the Falepili Union treaty was announced, the pif also issued its Declaration on the Continuity of Statehood and the Protection of Persons in the Fact of Climate Change-related Sea-level Rise which affirms that ‘international law
2023 Pacific Islands Forum ( pif ) meeting in the Cook Islands. Thus, on the same day that the Falepili Union treaty was announced, the pif also issued its Declaration on the Continuity of Statehood and the Protection of Persons in the Fact of Climate Change-related Sea-level Rise which affirms that
Restoration of Independence Most Western countries refused to recognise the annexation of Estonia and other Baltic States by the Soviet Union in June 1940. In August 1991, Estonia re- established its independence on the basis of historical continuity of statehood, receiving broad
continental shelf 51, 53–62, 74, 79 n. 239, 80–81, 83, 95, 103 n. 271 continuity 1–2, 5, 8, 14 continuity of statehood 5, 120, 149, 262 decolonisation 31–33, 37, 38 n.142, 39–40, 81, 104, 212–213, 217, 219, 230, 259, 265, 269 delimitation agreements 52–53, 55, 60, 63–64, 81–84, 94–96, 100–101, 109, 115
were built on the basis of an earlier, no longer valid, situation. In this context, it has been argued that there is a ‘strong presumption’ in favour of the continuity of statehood under international law. That presumption is, indeed, a safeguard from arbitrary political claims and changes these
resigned. For Western States, the problems presented by the new situation were mainly ones of succession but they appear to have taken the view that there is “continuity of statehood” between Russia and the Soviet Union. The new Commonwealth States agreed that Russia take the Soviet Union’s position in the
Kingsbury,judicial State Recognition and Secession 29 principle of legal continuity of statehood in the case of implosion of govern- ment is a well established customary rule of internationallaw."ro 6 1hus, a col- lapsed State generally continues to exist under the presumption of continuity and retains
characteristics of a State may be temporarily lacking. Practice indicates that even a prolonged period of absence of effective government does not ex definitione lead to the extinction of a State, that is, that there is a strong presumption in favour of the continuity of statehood. This applies in different