Democratic Statehood in International Law: The Emergence of New States in Post-Cold War Practice - Rilegato

Vidmar, Jure

Rilegato

ISBN 10: 1849464693 ISBN 13: 9781849464697

Casa editrice: Hart Pub Ltd, 2013

Riassunto

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.

Su questo libro

L'autore:

Jure Vidmar is a Leverhulme Early Career Fellow in the Faculty of Law and a Research Fellow of St John's College, University of Oxford.

Su questa edizione

• Editore: Hart Pub Ltd
• Data di pubblicazione: 2013
• ISBN 10: 1849464693
• ISBN 13: 9781849464697
• Rilegatura: Copertina rigida
• Numero di pagine: 281