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The Creation of States in International Law$
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James R. Crawford

Print publication date: 2007

Print ISBN-13: 9780199228423

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199228423.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 February 2021

International Law Conditions for the Creation of States

International Law Conditions for the Creation of States

(p.96) Chapter 3 International Law Conditions for the Creation of States
The Creation of States in International Law


Oxford University Press

The classical criteria for statehood (the so-called Montevideo criteria) were essentially based on the principle of effectiveness. The proposition that statehood is a question of fact derives strong support from the equation of effectiveness with statehood. It is necessary to distinguish two possible positions: that there cannot a priori be any criteria for statehood independent of effectiveness, and that no such criteria yet exist as a matter of international law. Fundamentally, the argument that international law cannot regulate or control effective territorial entities is an expression of the view that international law cannot regulate power politics at all; that it is in the end non-peremptory. But on its own terms and with whatever results, international law is in a stage of development towards greater coherence and cogency. An important development here has been the acceptance of the notion of peremptory norms of general international law.

Keywords:   statehood, international law, peremptory norms, treaties, effectiveness, territorial entities, power politics

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