Alex Green argues that states arise under contemporary international law only when two abstract conditions are fulfilled. First, emerging states must constitute 'genuine political communities': collectives within which particular kinds of ethically valuable behaviour are possible. Second, such communities must emerge in a manner consistent with the ethical importance of individual political action. This uniquely 'Grotian' theory of state creation provides a clear legal framework comprising four factual 'antecedents' and five procedural principles, rendering the law of statehood both coherent and normatively attractive.
Monday, July 8, 2024
Green: Statehood as Political Community: International Law and the Emergence of New States
Alex Green (Univ. of York - Law) has published Statehood as Political Community: International Law and the Emergence of New States (Cambridge Univ. Press 2024). Here's the abstract: