ABSTRACT

This chapter explains the international laws governing the creation of new States constituting a handbook to be studied carefully by any secessionist entity that aspires to statehood; in our particular case study, by Catalonia. The indisputable prominence of the State has made the question of statehood in international law a favourite among jurists since time immemorial. Hugo Grotius defined the State as a complete association of free men, joined together for the enjoyment of their rights and for their common interest. Unification occurs when two or more States voluntarily decide to merge, thereby forming a new successor State, which coincides with the disappearance of all the predecessor States. Territory is an essential condition sine qua non for the birth, existence and persistence of a State, which cannot be conceived of without a territorial foundation. A State’s capacity to engage in international relations with other States basically means it can not only obtain advantages from other States but also grant them.