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Victims' Rights and Advocacy at the International Criminal Court, 2nd Edition

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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

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

Author: Alex Green
Publisher: Cambridge University Press
ISBN: 9781009176323
Published In: February 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,300.00

HKD 1,261.00 Save HKD 39.00 (3%)

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Description
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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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