Statehood as Political Community: International Law and the Emergence of New States (ASIL Studies in International Legal Theory)

Statehood as Political Community: International Law and the Emergence of New States (ASIL Studies in International Legal Theory)
by: Alex Green (Author)
Publisher: Cambridge University Press
Publication Date: 22 Feb. 2024
Language: English
Print Length: 256 pages
ISBN-10: 1009176323
ISBN-13: 9781009176323
Book Description
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.

About the Author

Book Description A novel account of state creation in international law, applying normative philosophy and political theory as well as legal practice. About the Author Alex Green is a Senior Lecturer at the University of York. His publications have appeared in periodicals such as the Oxford Journal of Legal Studies, the Australian Year Book of International Law, Transnational Legal Theory, and the European Human Rights Law Review. His research has been funded by the Modern Law Review Covid-19 Response Fellowship and the Hong Kong Research Grants Council.