On Some Contemporary Challenges to Statehood in the International Legal Order: International Law between 'Lotus' and Global Administrative Law
Archiv des Voelkerrechts, Bd. 51 (September 2013), S. 279-311 DOI 10.1628/000389213X13801980006783
Posted: 23 Mar 2017
Date Written: 2013
Abstract
The article discusses some contemporary challenges to statehood in contemporary international law. The 'traditional manifestations' of statehood which primarily include the legally unlimited freedom of State actions often supported by the 'Lotus' doctrine and the 'consent theory' are today treated by some scholars as obstacles to the establishment of international law as a 'real' legal order. As such, this objection questions the leading role of States in the international community 'as a whole'. The author, however, argues that the claims questioning the significance of statehood in international law are rather groundless because it is the States that are legal subjects assuring the publicness and unity of law within the international community.
Keywords: State, statehood, PCIJ, Lotus, sovereignty, constitutionalisation of international law, global administrative law
JEL Classification: K10, K30, K33
Suggested Citation: Suggested Citation