Functional State Recognition and International Economic Law

Abstract

This chapter constructs an economic cartography of statehood and state recognition. It argues that international economic law serves a gatekeeping function for quasi-states and, in some instances, allows them to make meaningful contributions to international law despite not being recognized. The behavior of these semi-autonomous regions in the international economic regime is influencing the way we think about states – what constitutes a state, what are the contours of entities that call themselves states, etc. The chapter considers the intersection of theories on statehood with new and emerging constructs of development and dispute settlement. I ask how international economic law is having an impact on how we conceptualize legal personality and how the participation of these quasi-states has an impact on international economic law and institutions. By accommodating quasi-states’ state-like behavior, international economic law and its proliferation of institutions blur the lines.

Keywords: statehood, recognition, quasi-states, international economic law

JEL Classification: K33