Statehood in the early 21st century remains as much a central
problem now as it was in 1979 when the first edition of The
Creation of States in International Law was published. 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. All of these, and many
other disputed situations, are inseparable from the nature of
statehood and its application in practice.
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
Crawforddiscusses the relation between statehood and recognition;
the criteria for statehood, especially in view of evolving
standards of democracy and human rights; and the application of
such criteria in international organizations and between
states.
Also discussed are the mechanisms by which states have been
created, including devolution and secession, international
disposition by major powers or international organizations and the
institutions established for Mandated, Trust, and
Non-Self-Governing Territories. Combining a general argument as to
the normative significance of statehood with analysis of numerous
specific cases, this fully revised and expanded second edition
gives a comprehensive account of the developments which have led to
the birth of so many new states.
General
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