The International Law of Statehood: Craftsmanship for the Elucidation and Regulation of Births and Deaths in the International Society

Published in: 29 Connecticut Journal of International Law (2014) 201-224

Amsterdam Law School Research Paper No. 2014-37

Amsterdam Center for International Law No. 2014-23

26 Pages Posted: 25 Jun 2014 Last revised: 11 Jan 2015

See all articles by Jean d'Aspremont

Jean d'Aspremont

Sciences Po Law School; University of Manchester - School of Law

Date Written: June 24, 2014

Abstract

This article argues the law of statehood is best construed as a delicate elixir which allows international lawyers, not only to make state creation a legal phenomenon worthy of legal investigation, but also to claim control of the volatile phenomenon of births and deaths in the international society. In spelling out this argument, this article seeks to shed light on the main methodological moves unfolding in the international law scholarship devoted to the law of statehood and speculate about the specific rationales behind them. It specifically shows that the law of statehood is informed not only by a regulatory and explanatory agenda but also by a few intra- and extra- professional dynamics.

Keywords: International Law, Statehood, Self-Determination, Recognition, Law of Statehood, Legal Theory, Concept of State, Anthropomorphism, Proceduralization, Territorialization, Completeness, Legalism, Facticism

JEL Classification: K33

Suggested Citation

d'Aspremont, Jean, The International Law of Statehood: Craftsmanship for the Elucidation and Regulation of Births and Deaths in the International Society (June 24, 2014). Published in: 29 Connecticut Journal of International Law (2014) 201-224; Amsterdam Law School Research Paper No. 2014-37; Amsterdam Center for International Law No. 2014-23. Available at SSRN: https://ssrn.com/abstract=2458331

Jean D'Aspremont (Contact Author)

Sciences Po Law School ( email )

13 rue de l'université
Paris, 75007
France

HOME PAGE: http://www.sciencespo.fr/ecole-de-droit/en/profile/daspremont-jean

University of Manchester - School of Law ( email )

Oxford Road
Manchester M13 9PL, M139PL
United Kingdom

HOME PAGE: http://www.manchester.ac.uk/research/Jean.daspremont/

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