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

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

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

Table of Contents

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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