Democratic statehood in international law : the emergence of new states in post-Cold War practice / Jure Vidmar.

Format:

Book

Author/Creator:

Vidmar, Jure, author.

Series:

Studies in international law (Oxford, England)

Studies in international law

Language:

English

Subjects (All):

Democracy.

International law.

Self-determination, National.

State, The.

Physical Description:

1 online resource (302 p.)

Edition:

1st ed.

Place of Publication:

Oxford, United States ; Portland, Oregon : Hart Publishing, 2013.

Language Note:

English

Summary:

"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."--Bloomsbury Publishing.

Contents:

Democracy and statehood in international law

The practice of post-cold war state creations : the statehood criteria, democracy and human rights

Democratic aspects of the right of self-determination

Delimitation of new states and limitations on the will of the people

Democratic statehood : Conclusions.

Notes:

Description based upon print version of record.

Includes bibliographical references (pages [255]-265) and index.

ISBN:

9781472566485

1472566483

9781782250906

1782250905

OCLC:

852757209