Abstract

According to the traditional textbook account, the coming into existence of States is a fact, depending on the realization of effective government over territory and people. Against this background, the present contribution argues that while the formation of States is a predominately fact-based phenomenon, it is not limited to a mere test of effectiveness. The formation of States has always incorporated elements of legitimacy and even more so by virtue of the development of international law in the wake of World War II. Issues of legitimacy become relevant in particular in extreme situations, i.e. in the event that the foundational principles of the contemporary international legal order as manifested in the concept of peremptory norms of general international law are at stake.