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

by Jure Vidmar
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Current price ₹13,972.00
Original price ₹16,767.00
Original price ₹16,767.00
Original price ₹16,767.00
(-17%)
₹13,972.00
Current price ₹13,972.00

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Book cover type: Hardcover
  • ISBN13: 9781849464697
  • Binding: Hardcover
  • Subject: N/A
  • Publisher: Bloomsbury Publishing PLC
  • Publisher Imprint: Bloomsbury Publishing PLC
  • Publication Date:
  • Pages: 302
  • Original Price: GBP 110.0
  • Language: English
  • Edition: UK
  • Item Weight: 590 grams
  • BISAC Subject(s): International

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.

Vidmar, Jure: - 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.

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