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
- 1 Political Ethics and Community Membership
- 2 Political Action and Valuable Institutions
- 3 The Antecedents of Statehood
- 4 Five Procedural Principles
- Part II Stability, Legitimacy, and Democracy
- Bibliography
- Index
3 - The Antecedents of Statehood
from Part I - Political Community
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
- 1 Political Ethics and Community Membership
- 2 Political Action and Valuable Institutions
- 3 The Antecedents of Statehood
- 4 Five Procedural Principles
- Part II Stability, Legitimacy, and Democracy
- Bibliography
- Index
Summary
This chapter draws upon the normative resources of political community to construct an account of the 'antecedents' of statehood: the factual prerequisites that nascent entities characteristically must demonstrate in order to mount a plausible statehood claim. These antecedents, which will be familiar to doctrinal lawyers from sources such as the 1933 Montevideo Convention on the Rights and Duties of States, are: a permanent population, a relatively determinate territory, an 'effective' government, and some degree of governmental independence. In addition to grounding each antecedent within both historical and contemporary practice, this chapter demonstrates their coherence with the ethical value of politics, thereby reconstructing these elements of international law into a normatively coherent whole. Several aspects of this reconstruction will strike readers familiar with state creation as controversial. In particular, I advance a novel conception of governmental 'effectiveness' that turns upon the capacity of nascent states to facilitate ethically valuable political action.
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- Statehood as Political CommunityInternational Law and the Emergence of New States, pp. 70 - 101Publisher: Cambridge University PressPrint publication year: 2024