Free Download Statehood as Political Community: International Law and the Emergence of New States
English | 2024 | ISBN: 1009176323 | 277 Pages | PDF | 2 MB
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.