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Democratic Statehood in International Law: The Emergence of New States in Post-Cold War Practice


ISBN13: 9781849464697
Published: March 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00



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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 for 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.

Subjects:
Public International Law
Contents:
Chapter 1 Democracy and Statehood in International Law
1. Introduction
2. International Law and (Non-)democratic States 3 The Emergence of States in International Law

Chapter 2 The Practice of Post-Cold War State Creations: The Statehood Criteria, Democracy and Human Rights
1. Introduction
2. The Emergence of States as a Result of Domestic Consensus
3. The EC Guidelines and EC Declaration: Beyond the Statehood Criteria
4. The Independence of Montenegro
5. International State-making and Democracy-making in East Timor
6. Kosovo as an Attempt at Informal Collective Creation of a Democratic State
7. Conclusion

Chapter 3 Democratic Aspects of the Right of Self-Determination
1. Introduction
2. Self-determination: Development, Democratic Pedigree and Limitations
3. Self-determination, Governmental Representativeness and Multiparty Democracy
4. The Right of Self-determination, Political Participation and Choice of Political System
5. Democracy and the exercise of the Right of Self-determination in its Internal Mode
6. The 'Safeguard Clause' and Remedial Secession
7. Democratic Principles and External Exercise of the Right of Self-determination
8. Conclusion

Chapter 4 Delimitation of New States and Limitations on the Will of the People
1. Introduction
2. The Creation of New States and the Uti Possidetis Principle
3. The Nature and Relevance of Internal Boundaries in the Post-1990 Practice of New International Delimitation
4. Conclusion

Chapter 5 Democratic Statehood: Conclusions
1. Democracy and Statehood: An Analysis from Two Perspectives
2. The Emergence of New States in the Post-Cold War Practice
3. Contemporary International Practice and the Legal Status of the Statehood Criteria
4. The Operation of and Limits on Democratic Principles Within the Right of Self-Determination
5. Final Remarks: The Place of Democracy within the Process of State Creation