国际法第三章

According to the constitutive theory, it is the act of recognition alone which creates statehood or which clothes a new government with any authority or status in the international sphere.

-----J.G. Starke. Introduction to International Law. 9th edition, 1984, p.128

In any event the core of the constitutive theory is unacceptable. States cannot, by the device of withholding recognition, determine------and in effect thus repudiate—the content of their obligations toward other states. -----Robert Mccorquodale and Martin Dixon, Cases and Materials on International Law, Fourth Edition, Oxford University Press,pp.154-156.

According to the declaratory theory, statehood or the authority of a new government exists as such prior to and independently of recognition. The act of recognition is merely a formal acknowledgment of an established situation of fact.

-----J.G. Starke. Introduction to International Law. 9th edition, 1984, p.128

A state may exist without being recognized, and if it does exist in fact, then, whether or not it has been formally recognized by other states, it has a right to be treated by them as a state. -----Robert Mccorquodale and Martin Dixon, Cases and Materials on International Law, Fourth Edition, Oxford University Press,pp.154-156.

“Succession of New States”means the replacement of one State by another in the responsibility for the international relations of territory.

A succession of international persons occurs when one or more international persons takes the place of another international person, in consequence of certain changes in the latter′s condition.”

“predecessor State”means the State which has been replaced by another State on the occurrence of a succession of

States; “Successor State”means the State which has replaced another State on the occurrence of a succession of States.

------Vienna Convention on Succession of States in respect of Treaties 1978

Succession of Government means the change of sovereignty is purely internal, whether it takes place through constitutional or revolutionary processes. A new government takes up the reins of office, and the question is to what extent are the rights and obligations of the former government extinguished, and to what extent does the new government become entitled to such rights or bound by such obligations.