Democratic Statehood in International Law : The Emergence of New States in Post-Cold War Practice Hardback
by Jure (Maastricht University, the Netherlands) Vidmar
Part of the Studies in International Law series
Hardback
Description
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.
Information
-
Out of stock
- Format:Hardback
- Pages:302 pages
- Publisher:Bloomsbury Publishing PLC
- Publication Date:28/03/2013
- Category:
- ISBN:9781849464697
Information
-
Out of stock
- Format:Hardback
- Pages:302 pages
- Publisher:Bloomsbury Publishing PLC
- Publication Date:28/03/2013
- Category:
- ISBN:9781849464697
