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Statehood as Political Community: International Law and the Emergence of New States

Statehood as Political Community: International Law and the Emergence of New States

Name: Statehood as Political Community: International Law and the Emergence of New States
Brand: Cambridge University Press
SKU: 9781009176323
Price: 1261.00 HKD
Availability: InStock
Author: Alex Green
ISBN: 9781009176323

By Alex Green

Cambridge University Press February 2024

Specifications

ISBN-13: 9781009176323
Publisher: Cambridge University Press
Publication: February 2024
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

Alex Green argues that states arise under contemporary international law only when two abstract conditions are fulfilled. First, emerging states must constitute 'genuine political communities': collectives within which particular kinds of ethically valuable behaviour are possible. Second, such communities must emerge in a manner consistent with the ethical importance of individual political action. This uniquely 'Grotian' theory of state creation provides a clear legal framework comprising four factual 'antecedents' and five procedural principles, rendering the law of statehood both coherent and normatively attractive.

Provides the first contemporary 'Grotian' account of state creation within the anglophone literature
Advances a distinctive account of political ethics, drawn from a broad, multidisciplinary literature
Breaks through deadlocked doctrinal debates on the law of state creation with an innovative mode of legal reasoning, informed by analytical philosophy and normative political theory

Introduction: reconstructing the law of state creation

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:

5. The stability thesis

6. The legitimacy thesis

7. Democratic legitimacy

Conclusion: The nature and resilience of statehood

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