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The Creation of States in International Law, 2nd Edition

The Creation of States in International Law, 2nd Edition

Author: James R. Crawford
Publisher: Oxford University Press
ISBN: 9780198260028
Published In: February 2006
Format: Hardback , 942 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The most comprehensive treatment of Statehood in the field of international law
Exhaustive coverage of State Practice
Links international law to pressing concerns of international relations eg: Chechnya, Kosovo, Palestine, Taiwan, and Tibet.

New to this edition

Kosovo, Bosnia and other instances of the exercise of international dispositive powers
The unification of Germany and developments in the other 'divided States'
The final phases of decolonization, including the completion of the work of the UN Trusteeship Council
Trends in federalism and devolution; universalization of membership in the United Nations and the problem of the 'bureaucratization' of statehood
Recent disputes concerning secession, such as Quebec and Chechnya; and new practice respecting continuity and succession, especially in connection with the disintegration of Yugoslavia and the USSR
Updated sections on State practice and case law

As much as was ever the case in 1979 when the first edition of The Creation of States in International Law published, in the 21st century problems of territorial status and statehood are likely to continue to be a focal point of international disputes. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan.

The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields.

Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition as it has developed since the eighteenth century. The criteria for statehood and the effect on those criteria of evolving standards of democracy and human rights; their application in international organizations and between States; the creation of States by devolution or recession, by international disposition of major powers or international organizations and through institutions established for Mandated, Trust, and Non-Self-Governing Territories, are also discussed. Apart from the general argument of the normative significance of the legal concept of 'State', and the analysis of the numerous specific cases, this new edition of a landmark book provides a full and up-to-date account of the general development which has led to the birth of so many new States.

I The Concept of Statehood in International Law

1: Statehood and Recognition

2: The Criteria for Statehood: Statehood as Effectiveness

3: International Law Conditions for the Creation of States

4: Issues of Statehood Before United Nations Organs

5: The Criteria for Statehood Applied: Some Special Cases

II Modes of The Creation of States in International Law

6: Original Acquisition and Problems of Statehood

7: Dependent States and Other Dependent Entities

8: Devolution

9: Secession

10: Divided States and Reunification

11: Unions and Federations of States

III The Creation of States in International Organizations

12: International Dispositive Powers

13: Mandates and Trust Territories

14: Non-Self-Governing Territories: the Law and Practice of Decolonialization

IV Problems of Commencement, Continuity, and Extinction

15: The Commencement of States

16: Problems of Identity, Continuity and Reversion

17: The Extinction of States

Conclusion

Appendices

Appendix 1List of States and Territorial Entities Proximate to States

Appendix 2League Mandates and United Nations Trusteeships

Appendix 3The United Nations and Non-Self-Governing Territories 1946-1977

Appendix 4Consideration by the International Law Commission of the Topic of Statehood, 1996

James R. Crawford, Whewell Professor of International Law, University of Cambridge

"..[the] meticulous and detailed use of a vast array of situations id a significant strength of the book and will make it the first reference point for anyone practising or researching in this and related areas. The depth of understanding of each situation, the ability to see the various aspects of each situation and to apply them to various legal arguments is impressive." - European Journal of International Law [review of the first edition]

"..a work of high-quality scholarship..detailed, closely argued..shows an author in commansof his field. It is highly recommended for all international lawyers, international relations experts and others who have to deal with these situations." - Robert McCorquodale, European Journal of International Law, 2007

"One of the classic monographs of international law" - Geoffrey Marston, Cambridge Law Journal [review of the first edition]

"Of great value not only to international lawyers but also to students of the impact of new states and nationalist movements on world politics." - Hedley Bull, Times Literary Supplement [review of the first edition]

"Not only a masterful compilation of state practice and a minutely detailed review of the literature but a thoughtful analysis of one of international law's most perplexing problems." - Colin Warbrick, International Affairs [review of the first edition]

"This new and much expanded edition of James Crawford's seminal 1979 publication is an invaluable contribution to the theory and practice of international law..Crawford's monumental study acknowledges such developments in the international arena, while convincingly demonstrating that the study of statehood remains at the core of the discipline" - Australian Yearbook of International Law [review of the second edition]

"This book stands alone in its field. It will be the first point of reference for anyone seeking information or enlightenment on how States have come into being, how they change, and how - sometimes - they disappear. It is an essential.. purchase for all international law and international relations libraries." -Michael Wood, Intern October 2006 [review of the second edition] 55, Part4,

"The arrival of a second edition of James Crawford's seminal monograph is a welcome event...the second edition is more comprehensive and has a greater depth than its predecessor. Finally, although the first edition was very well received, in the intervening period Crawford has become a leading figure in international law...Crawford provides a meticulous, almost encyclopedic, account of a wide range of issues which inform the legal concept of statehood in modern international law." - Leiden Journal of International Law