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

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