Democratic statehood in international law : the emergence of new states in post-Cold War practice / / Jure Vidmar

• Record Nr.: UNINA9910787589803321
• Autore: Vidmar Jure
• Pubbl/distr/stampa: Oxford, United States ; ; Portland, Oregon : , : Hart Publishing, , 2013
• ISBN: 1-4725-6648-3; 1-78225-090-5
• Edizione: [1st ed.]
• Descrizione fisica: 1 online resource (302 p.)
• Collana: Studies in international law
• Disciplina: 341.26
• Soggetti: Democracy; International law; Self-determination, National; State, The
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Description based upon print version of record.
• Nota di bibliografia: Includes bibliographical references (pages [255]-265) and index.
• Nota di contenuto: Democracy and statehood in international law -- The practice of post-cold war state creations : the statehood criteria, democracy and human rights -- Democratic aspects of the right of self-determination -- Delimitation of new states and limitations on the will of the people -- Democratic statehood : Conclusions.
• Sommario/riassunto: "This book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. Such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood ; criteria. The book demonstrates that via the right of self-determination the law of statehood requires state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system."--Bloomsbury Publishing.