The Creation of States in International Law

Zusatztext The arrival of a second edition of James Crawford's seminal monograph is a welcome event...the second edition is more comprehensive and has a greater depth than its predecessor. Finally, although the first edition was very well received, in the intervening period Crawford has become a leading figure in international law...Crawford provides a meticulous, almost encyclopedic, account of a wide range of issues which inform the legal concept of statehood in modern international law. Informationen zum Autor James Crawford is the Whewell Professor of International Law at the University of Cambridge, where he is Chair of the Faculty of Law, 2003-06. He was formerly Director of the Lauterpacht Research Centre for International Law, 1995-2003. Before moving to Cambridge in 1992 he was a Member of the Australian Law Reform Commission; from 1992 he was a member of the International Law Commission, and was responsible in that capacity for the ILC's Draft Statute for an International Criminal Court (1994) and the ILC's Articles on State Responsibility (2001). Klappentext The second edition of James Crawford's classic book brings up to date the most comprehensive treatment of statehood in the field of international law. While retaining an enormous wealth of historical material of continuing validity! the second edition tackles new problems and questions such as the international disposition of territory in Kosovo and East Timor! claims for secession in Chechnya and Quebec! and the alleged category of "failed States!" often misleadingly applied to Somalia and Afghanistan. The second edition's analytic framework includes events such as the dissolution of the former Yugoslavia and the Soviet Union! the unification of Germany! and devolution in Scotland. The book also reassesses various persistent questions in the light of the last quarter of a century of practice! such as the relation between Israel and Palestine! the status of Taiwan and Tibet! and the interplay between "stronger" and "weaker" States. Zusammenfassung 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 int...

Autorentext
James Crawford is the Whewell Professor of International Law at the University of Cambridge, where he is Chair of the Faculty of Law, 2003-06. He was formerly Director of the Lauterpacht Research Centre for International Law, 1995-2003. Before moving to Cambridge in 1992 he was a Member of the Australian Law Reform Commission; from 1992 he was a member of the International Law Commission, and was responsible in that capacity for the ILC's Draft Statute for an International Criminal Court (1994) and the ILC's Articles on State Responsibility (2001).

Klappentext
The second edition of James Crawford's classic book brings up to date the most comprehensive treatment of statehood in the field of international law. While retaining an enormous wealth of historical material of continuing validity, the second edition tackles new problems and questions such as the international disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec, and the alleged category of "failed States," often misleadingly applied to Somalia and Afghanistan. The second edition's analytic framework includes events such as the dissolution of the former Yugoslavia and the Soviet Union, the unification of Germany, and devolution in Scotland. The book also reassesses various persistent questions in the light of the last quarter of a century of practice, such as the relation between Israel and Palestine, the status of Taiwan and Tibet, and the interplay between "stronger" and "weaker" States.

Zusammenfassung
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 …

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