Judicial Control of Creation and Mutation of States

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This research studies the role of international judicial organs such as International Court of Justice (ICJ) in controlling creation and mutation of states in international law. For this purpose it is investigated firstly whether ICJ has refrained from judging the questions of creation and mutation of states and secondly how such judicial restraints may be justified if in fact ICJ has taken such attitude.As for the first question it is observed that ICJ had in fact deferred the questions to the political organs of the United Nations and recognition by states. With regard to the second one it is argued that ICJ's tendency to judicial restraints may be either based on the division of power among the United Nations organs in accordance with the United Nations Charter or justified by the doctrine of political disputes that matters regarding very existence of states is not susceptible to judicial decision.