(Contd. from yesterday issue)
By: Prof. Naorem Sanajaoba
(Translated by Aheibam Koireng Singh) Third Issue
A question has always been asked whether a state after its annexation could regain its lost political status or has lost all its status. Possible ways and already applied benchmark are given below. In addition to it, the UN’s Committee of 24 had been looking after to de-colonise the colonised states, and if need arises, reports were submitted to the Security Council. This issue can also be mentioned in relation to the case of Manipur.
State Retained
An independently existing state may ceases to exist as a state when the state no longer maintains to do so. Even after being illegally annexed, Ethiopia, Austria, Poland, Czechoslovakia, Albania could regain and save its state from losing its entity. In the recent past, three Baltic States integrated under Nazi-Soviet Secret Pact could regain its state as earlier in the form of Estonia, Lithuania and Libya. James Crawford writes: A state can continue to exist for example even if its government is reduced to relative impotence or even if its territory is wholly occupied”. The trend that is observable in today’s world is decolonisation. Paul Kennedy in his “Rise and fall of Great Powers (1988)”. “Preparing for the twenty first Century (1993)” writes about the great political fragmentation and emerging economic globalisation of the world. The sovereignty of the annexed state can also be treated as a case of suspended sovereignty. Wrongfully annexed state can also again be created. Why because annexation of that state could also be due to the inability to resist annexation. Retrocession of treaty is also accepted benchmark.
In addition to it, according to universally accepted benchmark, as in the Western Sahara Case, state can recognize and follow self determination benchmark. The benchmark of the self determination unit shall always override the ‘Territorial Integrity Rule’ of the state which perpetrate annexation.Moreover, when a new state is created, it is always followed by two ways of devolution and secession. As in the case of Greece seceding from the Ottoman Empire, and Netherland from Belgium, it was on the basis of secession benchmark that Indonesia, North Korea, North Vietnam, Bangladesh, Guinea-Bissau was created and came into existence. Today, International law, after so many changes, has created many new laws concerning the creation and resurrection of state on the basis of historical legality. Jawaharlal Nehru writes that States shall have the right to secede after 10 years. Any of the international laws and benchmarks does not approve, allow or support annexation of state irrespective of whether the state is member of the United Nations or not. It even furthermore threatens and violates world peace and security. The prime objective and responsibility of the UN is to maintain world peace and security. UN system does not allow and permit ‘aggression’ and ‘annexation’. It even resorts to power to stop aggression and annexation if it becomes inevitable.
(Concluded)
(This article is being reproduced again in the interest of our readers who had missed it)