The Creation of States in International Law
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 15 March 2007
- ISBN 9780199228423
- Binding Paperback
- No. of pages944 pages
- Size 234x156x41 mm
- Weight 1225 g
- Language English 0
Categories
Short description:
The second edition of James Crawford's The Creation of States in International Law brings up to date the most comprehensive treatment of statehood in the field of international law. While retaining an enormous wealth of historical material of continuing validity, the second edition tackles new problems and questions such as the international disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec, and the alleged category of 'failed States,' often misleadingly applied to Somalia and Afghanistan. The second edition's analytic framework includes events such as the dissolution of the former Yugoslavia and the Soviet Union, the unification of Germany, and devolution in Scotland. The book also reassesses various persistent questions in the light of the last quarter of a century of practice, such as the relation between Israel and Palestine, the status of Taiwan and Tibet, and the interplay between 'stronger' and 'weaker' States.
MoreLong description:
Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice.
The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields.
Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.
..[the] meticulous and detailed use of a vast array of situations is a significant strength of the book and will make it the first reference point for anyone practising or researching in this and related areas. The depth of understanding of each situation, the ability to see the various aspects of each situation and to apply them to various legal arguments is impressive.
Table of Contents:
I The Concept of Statehood in International Law
Statehood and Recognition
The Criteria for Statehood: Statehood as Effectiveness
International Law Conditions for the Creation of States
Issues of Statehood Before United Nations Organs
The Criteria for Statehood Applied: Some Special Cases
II Modes of The Creation of States in International Law
Original Acquisition and Problems of Statehood
Dependent States and Other Dependent Entities
Devolution
Secession
Divided States and Reunification
Unions and Federations of States
III The Creation of States in International Organizations
International Dispositive Powers
Mandates and Trust Territories
Non-Self-Governing Territories: the Law and Practice of Decolonialization
IV Problems of Commencement, Continuity, and Extinction
The Commencement of States
Problems of Identity, Continuity and Reversion
The Extinction of States
Conclusion
Appendices
Appendix 1
List of States and Territorial Entities Proximate to States
Appendix 2
League Mandates and United Nations Trusteeships
Appendix 3
The United Nations and Non-Self-Governing Territories 1946-2005
Appendix 4
Consideration by the International Law Commission of the Topic of Statehood (1996)
