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Introduction

Reconstructing the Law of State Creation

Published online by Cambridge University Press:  15 February 2024

Alex Green
Affiliation:
University of York
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Summary

The Introduction establishes the topic of the book - the creation of states in international law - as well as the method adopted when investigating that topic. It argues that doctrinal debates over state creation have become deadlocked as a result of the prevailing method of 'legal positivism' and that this approach, which focuses exclusively upon the factual provenance of putative laws, should be abandoned. Advocating a form of 'rational reconstruction', whereby the normative appeal of putative laws must be assessed alongside their provenance within international legal practice, it connects this method of law identification to the earlier 'Grotian tradition' developed by scholars such as Hersch Lauterpacht. To aid readers who might be unfamiliar with the details of international legal reasoning, an extended summary of the legal framework endorsed by the text is then presented, followed by a brief overview of the structure of the argument to follow.

Type
Chapter
Information
Statehood as Political Community
International Law and the Emergence of New States
, pp. 1 - 16
Publisher: Cambridge University Press
Print publication year: 2024

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  • Introduction
  • Alex Green, University of York
  • Book: Statehood as Political Community
  • Online publication: 15 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009176309.001
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  • Introduction
  • Alex Green, University of York
  • Book: Statehood as Political Community
  • Online publication: 15 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009176309.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Alex Green, University of York
  • Book: Statehood as Political Community
  • Online publication: 15 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009176309.001
Available formats
×