Beyond Traditional Statehood Criteria: The Law and Contemporary Politics of State Creation

in Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 26 (2013)
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Abstract

Conventional approaches in determining State creation emphasise and focus on statehood criteria and recognition theories. However, the practice of State creation shows that statehood criteria alone are inadequate for determining when a State emerges. Although the declaratory approach to recognition is generally favoured over the constitutive one, under limited circumstances, (collective) recognition could nevertheless have constitutive effects.

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