Democratic Statehood in International Law

The Emergence of New States in Post-Cold War Practice

Nonfiction, Reference & Language, Law, International
Cover of the book Democratic Statehood in International Law by Dr Jure Vidmar, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Dr Jure Vidmar ISBN: 9781782250913
Publisher: Bloomsbury Publishing Publication: March 28, 2013
Imprint: Hart Publishing Language: English
Author: Dr Jure Vidmar
ISBN: 9781782250913
Publisher: Bloomsbury Publishing
Publication: March 28, 2013
Imprint: Hart Publishing
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Bloomsbury Publishing

Cover of the book Beat Happening's Beat Happening by Dr Jure Vidmar
Cover of the book Euripides Plays: 4 by Dr Jure Vidmar
Cover of the book Starting with Merleau-Ponty by Dr Jure Vidmar
Cover of the book Writing Movies by Dr Jure Vidmar
Cover of the book This Contentious Storm: An Ecocritical and Performance History of King Lear by Dr Jure Vidmar
Cover of the book Cash Cow by Dr Jure Vidmar
Cover of the book On Guerrilla Gardening by Dr Jure Vidmar
Cover of the book A Creative Approach to Teaching Rhythm and Rhyme by Dr Jure Vidmar
Cover of the book Schizoanalysis and Animal Science Education by Dr Jure Vidmar
Cover of the book History of the Rain by Dr Jure Vidmar
Cover of the book Yoga for Cyclists by Dr Jure Vidmar
Cover of the book Business by Dr Jure Vidmar
Cover of the book The Passion by Dr Jure Vidmar
Cover of the book Russian Soldier vs Japanese Soldier by Dr Jure Vidmar
Cover of the book Subversive Ceramics by Dr Jure Vidmar
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy