Titel: The Creation of States in International Law
Autor/en: James Crawford
OXFORD UNIV PR
April 2006 - gebunden - 870 Seiten
The second edition of James Crawford's classic book brings up to date the most comprehensive treatment of statehood in the field of international law. While retaining an enormous wealth of historical material of continuing validity, the second edition tackles new problems and questions such as the international disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec, and the alleged category of "failed States," often misleadingly applied to Somalia and Afghanistan. The second edition's analytic framework includes events such as the dissolution of the former Yugoslavia and the Soviet Union, the unification of Germany, and devolution in Scotland. The book also reassesses various persistent questions in the light of the last quarter of a century of practice, such as the relation between Israel and Palestine, the status of Taiwan and Tibet, and the interplay between "stronger" and "weaker" States.
I THE CONCEPT OF STATEHOOD IN INTERNATIONAL LAW; 1. Statehood and Recognition; 2. The Criteria for Statehood: Statehood as Effectiveness; 3. International Law Conditions for the Creation of States; 4. Issues of Statehood Before United Nations Organs; 5. The Criteria for Statehood Applied: Some Special Cases; II MODES OF THE CREATION OF STATES IN INTERNATIONAL LAW; 6. Original Acquisition and Problems of Statehood; 7. Dependent States and Other Dependent Entities; 8. Devolution; 9. Secession; 10. Divided States and Reunification; 11. Unions and Federations of States; III THE CREATION OF STATES IN INTERNATIONAL ORGANIZATIONS; 12. International Dispositive Powers; 13. Mandates and Trust Territories; 14. Non-Self-Governing Territories: the Law and Practice of Decolonialization; IV PROBLEMS OF COMMENCEMENT, CONTINUITY, AND EXTINCTION; 15. The Commencement of States; 16. Problems of Identity, Continuity and Reversion; 17. The Extinction of States; CONCLUSION; APPENDICES; LIST OF STATES AND TERRITORIAL ENTITIES PROXIMATE TO STATES; LEAGUE MANDATES AND UNITED NATIONS TRUSTEESHIPS; THE UNITED NATIONS AND NON-SELF-GOVERNING TERRITORIES 1946-1977; CONSIDERATION BY THE INTERNATIONAL LAW COMMISSION OF THE TOPIC OF STATEHOOD, 1996
James Crawford is the Whewell Professor of International Law at the University of Cambridge, where he is Chair of the Faculty of Law, 2003-06. He was formerly Director of the Lauterpacht Research Centre for International Law, 1995-2003. Before moving to Cambridge in 1992 he was a Member of the Australian Law Reform Commission; from 1992 he was a member of the International Law Commission, and was responsible in that capacity for the ILC's Draft Statute for an
International Criminal Court (1994) and the ILC's Articles on State Responsibility (2001).
..[the] meticulous and detailed use of a vast array of situations id a significant strength of the book and will make it the first reference point for anyone practising or researching in this and related areas. The depth of understanding of each situation, the ability to see the various aspects of each situation and to apply them to various legal arguments is impressive. European Journal of International Law [review of the first edition] ..a work of high-quality scholarship..detailed, closely argued..shows an author in commansof his field. It is highly recommended for all international lawyers, international relations experts and others who have to deal with these situations. European Journal of International Law One of the classic monographs of international law Geoffrey Marston, Cambridge Law Journal [review of the first edition] Of great value not only to international lawyers but also to students of the impact of new states and nationalist movements on world politics. Hedley Bull, Times Literary Supplement [review of the first edition] Not only a masterful compilation of state practice and a minutely detailed review of the literature but a thoughtful analysis of one of international law's most perplexing problems. Colin Warbrick, International Affairs [review of the first edition] This new and much expanded edition of James Crawford's seminal 1979 publication is an invaluable contribution to the theory and practice of international law..Crawford's monumental study acknowledges such developments in the international arena, while convincingly demonstrating that the study of statehood remains at the core of the discipline Australian Yearbook of International Law [review of the second edition] This book stands alone in its field. It will be the first point of reference for anyone seeking information or enlightenment on how States have come into being, how they change, and how - sometimes - they disappear. It is an essential. purchase for all international law and international relations libraries. Michael Wood, Intern October 2006 [review of the second edition] 55, Part4, The arrival of a second edition of James Crawford's seminal monograph is a welcome event...the second edition is more comprehensive and has a greater depth than its predecessor. Finally, although the first edition was very well received, in the intervening period Crawford has become a leading figure in international law...Crawford provides a meticulous, almost encyclopedic, account of a wide range of issues which inform the legal concept of statehood in modern international law. Leiden Journal of International Law