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3 - The Antecedents of Statehood

from Part I - Political Community

Published online by Cambridge University Press:  15 February 2024

Alex Green
Affiliation:
University of York
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Summary

This chapter draws upon the normative resources of political community to construct an account of the 'antecedents' of statehood: the factual prerequisites that nascent entities characteristically must demonstrate in order to mount a plausible statehood claim. These antecedents, which will be familiar to doctrinal lawyers from sources such as the 1933 Montevideo Convention on the Rights and Duties of States, are: a permanent population, a relatively determinate territory, an 'effective' government, and some degree of governmental independence. In addition to grounding each antecedent within both historical and contemporary practice, this chapter demonstrates their coherence with the ethical value of politics, thereby reconstructing these elements of international law into a normatively coherent whole. Several aspects of this reconstruction will strike readers familiar with state creation as controversial. In particular, I advance a novel conception of governmental 'effectiveness' that turns upon the capacity of nascent states to facilitate ethically valuable political action.

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Chapter
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Statehood as Political Community
International Law and the Emergence of New States
, pp. 70 - 101
Publisher: Cambridge University Press
Print publication year: 2024

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  • The Antecedents of Statehood
  • Alex Green, University of York
  • Book: Statehood as Political Community
  • Online publication: 15 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009176309.005
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  • The Antecedents of Statehood
  • Alex Green, University of York
  • Book: Statehood as Political Community
  • Online publication: 15 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009176309.005
Available formats
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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.

  • The Antecedents of Statehood
  • Alex Green, University of York
  • Book: Statehood as Political Community
  • Online publication: 15 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009176309.005
Available formats
×