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Beyond Traditional Statehood Criteria: The Law and Contemporary Politics of State Creation

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Chapter Summary

Conventional approaches in determining State creation emphasise and focus on statehood criteria and recognition theories. However, the practice of State creation shows that statehood criteria alone are inadequate for determining when a State emerges. Although the declaratory approach to recognition is generally favoured over the constitutive one, under limited circumstances, (collective) recognition could nevertheless have constitutive effects.This article examines the process of State creation, from the emergence of States by treaty, through the post-Second World War decolonisation period, to the creation of States under non-colonial circumstances. These developments demonstrate that dominant international powers played – and continue to play – a crucial role in the process of State creation. Denial of statehood – legally and politically – and the notion of collective recognition (with its possible constitutive effects) also demonstrate that state creation is not merely an exercise in meeting statehood criteria under international law. Rather, it is an international political process which creates a new legal status. State creation is also not determined by any definitive use of either theory of recognition; instead, the effects of recognition depend on the mode of State creation.



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    Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 26 (2013) — Recommend this title to your library
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