Fr. 162.00

Democratic Statehood in International Law - The Emergence of New States in Post-Cold War Practice

English · Hardback

New edition in preparation, currently unavailable

Description

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This book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. Such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria. The book demonstrates that via the right of self-determination the law of statehood requires state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system.This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.>

About the author

Jure Vidmar is Chair of Public International Law at the Faculty of Law, Maastricht University, the Netherlands, and Member of the Permanent Court of Arbitration in The Hague.

Product details

Authors Jure Vidmar
Publisher Hart Publishing
 
Languages English
Product format Hardback
Released 28.03.2013
 
EAN 9781849464697
ISBN 978-1-84946-469-7
No. of pages 302
Dimensions 156 mm x 234 mm x 18 mm
Series Studies in International Law
Studies in International Law
Subject Social sciences, law, business > Law > International law, foreign law

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