James Crawford The Creation of States in International Law PDF

LAW. MICHAEL CLARKE. The Creation of States in International Law. By James Crawford. Oxford: Clarendon Press: Oxford University Press. 1979.498pp. £18·00.

James Crawford . The Creation of States in International Law. Oxford

The Creation of. States in International Law. Oxford : Oxford University Press 2nd edition

The statehood of collapsed states in Public International Law

Indeed Article 1 of the Convention states that

The CREATION and LEGAL STATUS of STATES

Johan Fritz. The CREATION and LEGAL. STATUS of STATES. Discussions on Independent. Political Entities and Diminutive States in Public International Law.

James Crawford The Creation of States in International Law

https://www.cambridge.org/core/services/aop-cambridge-core/content/view/DBBD952CEFADA1C3537A9FE37D7A5FEE/S0922156506003803a.pdf/james-crawford-the-creation-of-states-in-international-law-2nd-edn-oxford-oxford-university-press-2006-isbn-0198260024-944-pp-8000-11658-hb.pdf

SECESSION: International Law Perspectives

other words these new States were not created as a result of the existence of any right to independence under international law. Their existence came.

The Open System and Its Gatekeepers: From Complexity in

3 févr. 2022 files/ASIL%20Book%20Awards.pdf> last accessed 25 January 2022. 4 James Crawford The Creation of States in International Law (2nd edn

Rome Statute of the International Criminal Court

Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re- establish law and order in the State or to defend the

The Agreement for the Establishment of The Commission of Small

ON CLIMATE CHANGE AND INTERNATIONAL LAW. PREAMBLE and the devastating impact for Small Island States of related changes in the marine environment.

Draft articles on Responsibility of States for Internationally Wrongful

The report which also contains commentaries on the draft articles

Sources of International Law: An Introduction - United Nations

The result is that international law is made largely on a decentralised basis by the actions of the 192 States which make up the international community The Statute of the ICJ Art 38

James Crawford The Creation of States in International Law

The second edition of The Creation of States in International Law is a considerably expanded and updated version of the ? rst edition which was published in 1979 A great deal has hap-pened in international law and international relations affecting the creation of states during this period of nearly 30 years Events during

A GUIDE TO THE BASICS OF INTERNATIONAL LAW

Traditionally public international law or international law has been defined as “the body of rules and principles of action which are binding upon civilized states in their relations with one another ” 1 International law can generally be categorized into two broad categories: subjects of international law and objects of international law

How many pages is the creation of States in international law?

Download or read book The Creation of States in International Law written by James Crawford and published by Oxford University Press, USA. This book was released on 2007 with total page 870 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a comprehensive treatment of statehood in the field of international law.

Is the creation of States a matter governed by international law?

for James Crawford that his original argument ‘ that the creation of States is a matter in prin- ciple governed by international law and not left to the discretion of individual States ’ (at v), is still correct. There are four parts to the book.

How is international law made largely on a decentralised basis?

The result is that international law is made largely on a decentralised basis by the actions of the 192 States which make up the international community. The Statute of the ICJ, Art. 38 identifies five sources:- Treaties between States; Customary international law derived from the practice of States;

What are the sources of international law?

The Statute of the ICJ, Art. 38 identifies five sources:- Treaties between States; Customary international law derived from the practice of States; General principles of law recognized by civilised nations; and, as subsidiary means for the determination of rules of international law:

776EJIL 18 (2007), 775-782

James Crawford . The Creation of

States in International Law . Oxford :

Oxford University Press , 2nd edition,

2006 . Pp. 70. £80 , € 116.58 (hb).

ISBN 0198260028 .

The second edition of The Creation of States in

International Law is a considerably expanded

and updated version of the fi rst edition, which was published in 1979. A great deal has hap- pened in international law and international relations affecting the creation of states during this period of nearly 30 years. Events during this time - as well as the inclusion of material omitted from the fi rst edition - have confi rmed

Book Reviews???777

for James Crawford that his original argument ' that the creation of States is a matter in prin- ciple governed by international law and not left to the discretion of individual States " (at v), is still correct.

There are four parts to the book. Part I

concerns the concept of statehood in interna- tional law, and sets out Crawford"s core argu- ments. Examples of the various modes of the creation of states in international law, such as secession and devolution, are presented in

Part II. Part III examines the creation of states

in international organizations, including mandates and non-self-governing territories and, fi nally, Part IV deals with issues of the commencement, continuity and extinction of states. In each Part there is extensive analysis, with references to the various literature, and very detailed examples from relevant situa- tions around the world over time.

Indeed, it is this meticulous and detailed

use of a vast array of situations that is a sig- nifi cant strength of the book and will make it the fi rst reference point for anyone practis- ing or researching in this and related areas.

The depth of understanding of each situation,

the ability to see the various aspects of each situation and to apply them to various legal arguments is impressive. This is assisted by the clear and helpful conclusions (sometimes very boldly stated) given at the end of each section. While there will not always be agree- ment with his conclusions, the author is not afraid to express his views about contentious situations such as Palestine and Taiwan (for both of which he concludes that they are not states and that the right of self-determination applies to their people).

Throughout the book the importance of

international law is reinforced. He rejects the idea that recognition of an entity as a state should be a free choice of political leaders as that position would mean that ' the interna- tional status and rights of whole peoples and territories will seem to depend on arbitrary decisions and political contingencies " (at 19).

Indeed, the longer view of international law -

in contrast to the apparent immediacy of the demands of politics - is preferred in diffi cult situations, such that ' it may be that interna- tional law"s main contribution in such cases is to keep the issues on the agenda until cir- cumstances change and a settlement becomes possible " (at 99). Crawford uses Namibia, Rho - desia, East Timor and the Baltic states as exam- ples of this position. However, he also consid- ers that ' international law is normativity in collision with history: if it is to be of any value it must give guidance to persons at the time of the events " (at 711), which could make more diffi cult a considered view of the application of international law in some diffi cult situations.

The author is not restrained by acceptance

of traditional aspects of international law in this area, as he acknowledges that the

Montevideo Convention criteria are outdated

and ' hackneyed " (at 437), and do not assist in contemporary debates about statehood of entities. He rejects the analogy of the state as ' a sort of international corporation holding its territory and people as if they were property " (at 711). Instead he focuses on state inde- pendence as a prerequisite for statehood. In taking the position that an entity must dem- onstrate independence to be a state, he does tend to reinforce the idea that the consent of states, in the form of the consent by other states and of the government of the state where an entity is seeking statehood - even if such consent should be constrained by inter- national legal parameters - is central to state- hood. Whilst this argument may be widely accepted, he does not engage suffi ciently with the criticisms about this approach, such that it accepts an exclusive role for states in deciding which entities appear to be most like existing states and so deserving of being acknowledged as ' states " .

Indeed, it is disappointing that Crawford

does not engage more clearly with the many philosophical critiques of statehood, as he is clearly capable of doing so. Whilst he does show understanding of some alternative approaches (such as an acknowledgement of the artifi ci- ality of states (at 717), and the issues of iden- tity and allegiance by people to or against the state (at 668)), these are infrequent and rarely explored in depth. He also avoids dealing with

778EJIL 18 (2007), 775-782

the concept of sovereignty by arguing that it applies as a legal right or presumption only to territories accepted as states (at 115) and so cannot be a criterion for statehood. This tactic implies that there is only one form of sover- eignty (being that of a state) that is of relevance to international law in this area. He thus sadly ignores a range of alternative views of sov- ereignty (such as peoples " sovereignty and shared sovereignty) that could have opened up new ways of viewing some situations.

As in any work of this scope there is room

for different choices to be made. For exam- ple, it is not clear why internal issues of fed- erations or why some intergovernmental bodies (Chapter 11) should be included in a work about the creation of states, why non- self-governing territories are not considered in detail until Chapter 14, and there is the occasional unnecessary repetition across and between chapters. In particular, the author makes a strong and cogent argument for ceas- ing the use of the very problematic idea of a ' failed state " , yet he does not deal with this inter- esting issue until his conclusion (at 720-723); it could well be deserving of a section earlier in the book. However, these are minor issues in relation to the whole endeavour of the book.

Overall, this is a work of high-quality schol-

arship. It is detailed, closely argued and shows an author in command of his fi eld. It is highly recommended to all international lawyers, international relations experts and others who have to deal with these situations.

Robert McCorquodale

Professor of International Law and Human

Rights,

University of Nottingham

Email: Robert.Mccorquodale@nottingham.ac.uk

doi: 10.1093/ejil/chm041quotesdbs_dbs20.pdfusesText_26

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