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from Part I - Political Community
Published online by Cambridge University Press: 15 February 2024
Building upon my previous account of the antecedents of statehood, this chapter establishes five procedural principles that further condition the emergence of new states. These principles can be split into two sets: those that establish means for state creation through which valuable politics can either be instantiated or enhanced, and those that either prohibit or restrict state creation through means that violate or disrupt political action. The first set comprises the 'recognition principle' and the 'referendum principle', which determine the legal salience of foreign recognition and independence referendums. The second set comprises the 'negative self-determination principle', the 'international peace principle', and the 'territorial integrity principle'. These three relate, respectively, to the international legal prohibitions against mass disenfranchisement and political subordination, the unlawful threat or use of force, and the violation of an established community's territorial integrity. These five principles provide a procedural framework for state creation, which, along with the antecedents of statehood, collectively comprise 'statehood as political community'.
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