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 The Printed and the Built by Dr Jure Vidmar
Cover of the book Foot Grenadiers by Dr Jure Vidmar
Cover of the book Yankee Come Home by Dr Jure Vidmar
Cover of the book Nationality and Statelessness in the International Law of Refugee Status by Dr Jure Vidmar
Cover of the book Climate Justice by Dr Jure Vidmar
Cover of the book Spiritual Quest by Dr Jure Vidmar
Cover of the book The Evolution of Law and the State in Europe by Dr Jure Vidmar
Cover of the book Kidnap in Crete by Dr Jure Vidmar
Cover of the book Radiohead's Kid A by Dr Jure Vidmar
Cover of the book Alexander 334–323 BC by Dr Jure Vidmar
Cover of the book House of Earth and Blood by Dr Jure Vidmar
Cover of the book The History of Genocide in Cinema by Dr Jure Vidmar
Cover of the book The Emerald Quest by Dr Jure Vidmar
Cover of the book Dea by Dr Jure Vidmar
Cover of the book 33 1/3 Greatest Hits, Volume 1 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