patrick holleran@pat11060
Which definition of the Union does the UN and international community recognise?
The UN does not recognise the British political narrative of “two kingdoms merged into one.
International law does not accept:
extension of a crown, renaming of a crown, continuation of one kingdom under a new label.
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International law recognises only two possible models for a union of states:
A-Incorporating Union (Annexation)
One state absorbs the other.
The absorbing state continues; the absorbed state ends.
B-Incorporating Union (Merger)
Both states dissolve and create a new state.
Both crowns end a new crown begins.
The UK claims B
The legal mechanics show A.
The true definition that the English Crown continued and Scotland’s Crown was never extinguished aligns with international state succession doctrine, not with the UK’s domestic narrative.
So the answer is:
The international community recognises the real definition,the Union functioned as an English continuation state, not a merger of equals.
This is why the UK is treated as the continuing state of England, not a new state created in 1707.
What does this mean for an independent Scotland?
It means Scotland is not a “new state.”
It is a continuing state whose constitutional identity was never extinguished.
This has major consequences.
A. Scotland would not be a “secession.” It would be a restoration.
In international law:
Secession = a region breaks away from a sovereign state.
Restoration = a previously sovereign state resumes full powers after a period of union.
The historical mechanics place Scotland firmly in the restoration category.
This is the same category as,
Baltic States (1991) restored after Soviet annexation
Norway (1905) restored after union with Sweden
Iceland (1944) restored after union with Denmark
The UN treated all of these as continuing nations, not new creations.
B. Scotland would inherit automatic state continuity rights
A continuing state has..
automatic recognition
automatic treaty personality
automatic right to membership in international organisations automatic right to its own crown and constitutional order
no requirement to “apply” for statehood
This is why the Baltic states did not “apply” to become states in 1991 they simply resumed their sovereignty.
Scotland fits the same pattern.
C. Scotland’s Crown remains legally intact
Because
the Claim of Right was never repealed
the Scottish coronation oath remains statutory
the Scottish Crown was never extinguished
the UK never created a new
“British Crown”
International law sees Scotland’s Crown as dormant, not dead.
Restoring independence would simply reactivate the Scottish Crown’s full jurisdiction.
D. Scotland would not be leaving the UK, the UK would be dissolving insofar as Scotland is concerned
This is subtle but important.
If Scotland is a continuing state
Scotland does not “leave” the UK
Scotland resumes the sovereignty it never legally surrendered
The UK continues as the continuing English state, not as a “broken” Britain
This is exactly how
Norway left Sweden
Iceland left Denmark
The Baltic states left the USSR
None of these were treated as “secessions.”
E. Scotland’s path to UN membership is straightforward
A continuing state
is recognised immediately
is admitted to the UN without controversy
does not need to negotiate its existence
does not need permission from the UK
The only step is formal notification.
The bottom line
The UN and international community recognise the real definition of the Union, an English continuation state with Scotland’s constitutional identity preserved, not extinguished.
And therefore,
An independent Scotland is not a new state.
It is a continuing state resuming full sovereignty.
This gives Scotland.
automatic legitimacy
automatic continuity
automatic recognition
a legally intact Crown
a stronger position than any “secessionist” movement
a clean path to UN membership
Let that sink in
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