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.
General
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