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Recognizing States - International Society and the Establishment of New States Since 1776 (Hardcover, New)
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Recognizing States - International Society and the Establishment of New States Since 1776 (Hardcover, New)
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This book examines recognition of new states, the practice
historically employed to regulate membership in international
society. The last twenty years have witnessed new or lingering
demands for statehood in different areas of the world. The claims
of some, like those of Bosnia and Herzegovina, Eritrea, Croatia,
Georgia and East Timor, have achieved general recognition; those of
others, like Kosovo, Tamil Eelam, South Ossetia, Abkhazia and
Somaliland, have not. However, even as most of these claims gave
rise to major conflicts and international controversies, the
criteria for acknowledgment of new states have elicited little
systematic scholarship.
Drawing upon writings of English School theorists, this study
charts the practice from the late eighteenth century until the
present. Its central argument is that for the past two hundred
years state recognition has been tied to the idea of
self-determination of peoples. Two versions of the idea have
underpinned the practice throughout most of this
period--self-determination as a negative and a positive right. The
negative idea, dominant from 1815 to 1950, took state recognition
to be acknowledgment of an achievement of de facto statehood by a
people desiring independence. Self-determination was expressed
through, and externally gauged by, self-attainment. The positive
idea, prevalent since the 1950s, took state recognition to be
acknowledgment of an entitlement to independence in international
law. The development of self-determination as a positive
international right, however, has not led to a disappearance of
claims of statehood that stand outside of its confines. Groups that
are deeply dissatisfied with the countries in which they presently
find themselves continue to make demands for independence even
though they may have no positive entitlement to it. The book
concludes by expressing doubt that contemporary international
society can find a sustainable basis for recognizing new states
other than the original standard of de facto statehood.
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