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

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

Part of the ASIL Studies in International Legal Theory series

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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.

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