Book contents
- Statehood as Political Community
- ASIL Studies in International Legal Theory
- Statehood as Political Community
- Copyright page
- Dedication
- Epigraph
- Contents
- Acknowledgements
- List of International Instruments
- List of International Judgements and Awards
- List of Domestic Judgements and Legislation
- Introduction
- Part I Political Community
- Part II Stability, Legitimacy, and Democracy
- Bibliography
- Index
Introduction
Reconstructing the Law of State Creation
Published online by Cambridge University Press: 15 February 2024
- Statehood as Political Community
- ASIL Studies in International Legal Theory
- Statehood as Political Community
- Copyright page
- Dedication
- Epigraph
- Contents
- Acknowledgements
- List of International Instruments
- List of International Judgements and Awards
- List of Domestic Judgements and Legislation
- Introduction
- Part I Political Community
- Part II Stability, Legitimacy, and Democracy
- Bibliography
- Index
Summary
The Introduction establishes the topic of the book - the creation of states in international law - as well as the method adopted when investigating that topic. It argues that doctrinal debates over state creation have become deadlocked as a result of the prevailing method of 'legal positivism' and that this approach, which focuses exclusively upon the factual provenance of putative laws, should be abandoned. Advocating a form of 'rational reconstruction', whereby the normative appeal of putative laws must be assessed alongside their provenance within international legal practice, it connects this method of law identification to the earlier 'Grotian tradition' developed by scholars such as Hersch Lauterpacht. To aid readers who might be unfamiliar with the details of international legal reasoning, an extended summary of the legal framework endorsed by the text is then presented, followed by a brief overview of the structure of the argument to follow.
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- Statehood as Political CommunityInternational Law and the Emergence of New States, pp. 1 - 16Publisher: Cambridge University PressPrint publication year: 2024