Statehood as Political Community:Inteational Law and the Emergence of New States (ASIL Studies in Inteational 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 inteational 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 inteational 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 Joual of Legal Studies, the Australian Year Book of Inteational Law, Transnational Legal Theory, and the European Human Rights Law Review. His research has been funded by the Mode Law Review Covid-19 Response Fellowship and the Hong Kong Research Grants Council.

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