However, the very emergence of new states through secession remained legally undefined, which in itself is a major problem for the international community whose criteria of statehood are based on the principle of legality (ex injuria ius non oritur).
In this sense, international law has had very limited effects in terms of the consequences of secession changes, which through its codification and progressive development are regulated by the rules of succession of states. Usually, in such situations, the secession was legitimized through the international recognition of the new states and the verification of the continuity of the international legal subjectivity of the predecessor states. When this situation is established and consolidated over time, that is, when it becomes de facto effective, the applicable rules and principles of international law would apply. According to the historical development of international relations, the secession of states is only a “mere fact”, a “political matter” or a “pre-legal situation” that has often caused the shaking and instability of the international legal order.
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