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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Statehood and the State-Like in International Law (Hardcover)
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Statehood and the State-Like in International Law (Hardcover)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 19 working days
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If the term were given its literal meaning, international law would
be law between 'nations'. It is often described instead as being
primarily between states. But this conceals the diversity of the
nations or state-like entities that have personality in
international law or that have had it historically. This book
reconceptualizes statehood by positioning it within that wider
family of state-like entities. In this monograph, Rowan Nicholson
contends that states themselves have diverse legal underpinnings.
Practice in cases such as Somalia and broader principles indicate
that international law provides not one but two alternative methods
of qualifying as a state. Subject to exceptions connected with
territorial integrity and peremptory norms, an entity can be a
state either on the ground that it meets criteria of effectiveness
or on the ground that it is recognized by all other states.
Nicholson also argues that states, in the strict legal sense in
which the word is used today, have never been the only state-like
entities with personality in international law. Others from the
past and present include imperial China in the period when it was
unreceptive to Western norms; precolonial African chiefdoms;
'states-in-context', an example of which may be Palestine, which
have the attributes of statehood relative to states that recognize
them; and entities such as Hong Kong.
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