The Creation of States in International Law

Second Edition

James R. Crawford

Provides the authoritative treatment of Statehood in the field of international law
Includes exhaustive coverage of State Practice
Provides a unique, legal perspective on pressing concerns of international relations eg: Chechnya, Kosovo, Palestine, Taiwan, and Tibet

New to this Edition:

Coverage of Kosovo, Bosnia and other instances of the exercise of international dispositive powers
The unification of Germany and developments in the other 'divided States'
The final phases of decolonization, including the completion of the work of the UN Trusteeship Council
Trends in federalism and devolution; universalization of membership in the United Nations and the problem of the 'bureaucratization' of statehood
Recent disputes concerning secession, such as Quebec and Chechnya; and new practice respecting continuity and succession, especially in connection with the disintegration of Yugoslavia and the USSR
Updated sections on State practice and case law

The Creation of States in International Law

Second Edition

James R. Crawford

Description

Statehood in the early 21st century remains as much a central problem now as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice.

The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields.

Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states.

Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.

The Creation of States in International Law

Second Edition

James R. Crawford

I The Concept of Statehood in International Law
1. Statehood, Recognition, and International Law
2. The Criteria for Statehood
3. Criteria for Statehood Suggested as a Result of Modern Developments in International Law
4. Issues of Statehood Before United Nations Organs
5. The Criteria for Statehood Applied: Some Special Cases
II The Creation of States in International Law
6. Original Acquisition and Problems of Statehood
7. The Creation and Status of Dependent States and Other Dependent Entities
8. Devolution
9. Secession
10. The Divided States
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 Termination
15. The Commencement of States
16. Problems of Identity, Continuity and Reversion
17. The Extinction of States
Conclusion
Appendices
1. List of States and Territorial Entities Proximate to States
2. League Mandates and United Nations Trusteeships
3. The United Nations and Non-Self-Governing Territories 1946-1977

The Creation of States in International Law

Second Edition

James R. Crawford

Author Information

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 Creation of States in International Law

Second Edition

James R. Crawford

Reviews and Awards

"One of the classic monographs of international law."--Cambridge Law Journal

"Of great value not only to international lawyers but also to students of the impact of new states and nationalist movements on world politics."--Times Literary Supplement

"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."--International Affairs

"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."--International and Comparative Law Quarterly