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Vol 22 No 3 March/April 2017

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Company Directors: Duties, Liabilities and Remedies

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The Creation of States in International Law 2nd ed

ISBN13: 9780199228423
Previous Edition ISBN: 9780198260028
Published: March 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £52.00

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As much as was ever the case in 1979 when the first edition of The Creation of States in International Law published, in the 21st century problems of territorial status and statehood are likely to continue to be a focal point of international disputes.

As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981.

The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition as it has developed since the eighteenth century.

The criteria for statehood and the effect on those criteria of evolving standards of democracy and human rights; their application in international organizations and between States; the creation of States by devolution or recession, by international disposition of major powers or international organizations and through institutions established for Mandated, Trust, and Non-Self-Governing Territories, are also discussed. Apart from the general argument of the normative significance of the legal concept of 'State', and the analysis of the numerous specific cases, this new edition of a landmark book provides a full and up-to-date account of the general development which has led to the birth of so many new States.

  • New to this edition
  • Kosovo, Bosnia and other instances of the exercise of international dispositive powers
  • The unification of Germany and developments in the other 'divided States'
  • The final phases of decolonization, including the completion of the work of the UN Trusteeship Council
  • Trends in federalism and devolution; universalization of membership in the United Nations and the problem of the 'bureaucratization' of statehood
  • Recent disputes concerning secession, such as Quebec and Chechnya; and new practice respecting continuity and succession, especially in connection with the disintegration of Yugoslavia and the USSR
  • Updated sections on State practice and case law

Public International Law
I The Concept of Statehood in International Law;
1. Statehood and Recognition
2. The Criteria for Statehood: Statehood as Effectiveness
3. International Law Conditions for the Creation of States
4. Issues of Statehood Before United Nations Organs
5. The Criteria for Statehood Applied: Some Special Cases

II Modes of The Creation of States in International Law
6. Original Acquisition and Problems of Statehood
7. Dependent States and Other Dependent Entities
8. Devolution
9. Secession
10. Divided States and Reunification
11. Unions and Federations of States

III The Creation of States in International Organizations
12. International Dispositive Powers
13. Mandates and Trust Territories
14. Non-Self-Governing Territories: the Law and Practice of Decolonialization

IV Problems of Commencement, Continuity, and Extinction
15. The Commencement of States
16. Problems of Identity, Continuity and Reversion
17. The Extinction of States

Appendix 1 List of States and Territorial Entities Proximate to States
Appendix 2 League Mandates and United Nations Trusteeships
Appendix 3 The United Nations and Non-Self-Governing Territories 1946-1977
Appendix 4 Consideration by the International Law Commission of the Topic of Statehood, 1996
Select Bibliography