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5 - The Stability Thesis

from Part II - Stability, Legitimacy, and Democracy

Published online by Cambridge University Press:  15 February 2024

Alex Green
Affiliation:
University of York
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Summary

This chapter considers the first of two additional reconstructions of state creation under international law, both of which present alternatives to statehood as political community. I call this first alternative 'the stability thesis', given its core claim that the law of state creation is primarily explicable and provisionally justifiable, not in terms of international peace and friendly relations, rather than political community. Two versions of this rational reconstruction are considered. Under the first, stability is secured by seeking to eliminate controversy: on this 'modus vivendi' approach, only those standards that meet broad international consensus should be considered legally relevant to the creation of states. Under the second, which prioritises substance over consensus, international practice is reconstructed so as to prioritise legal standards that are maximally conducive to stability in and of themselves. Ultimately, I argue that we should reject both versions of the stability thesis. Although international peace is morally important, both within state creation and otherwise, it cannot function as the primary normative foundation for this area of law.

Type
Chapter
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Statehood as Political Community
International Law and the Emergence of New States
, pp. 141 - 168
Publisher: Cambridge University Press
Print publication year: 2024

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  • The Stability Thesis
  • Alex Green, University of York
  • Book: Statehood as Political Community
  • Online publication: 15 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009176309.008
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  • The Stability Thesis
  • Alex Green, University of York
  • Book: Statehood as Political Community
  • Online publication: 15 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009176309.008
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Stability Thesis
  • Alex Green, University of York
  • Book: Statehood as Political Community
  • Online publication: 15 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009176309.008
Available formats
×