Description

This book critically engages with theories of the recognition of states under international law. Demonstrating that recognition is a constitutive relation that is imperative for the construction of international subjects, the book argues that prevalent theories of recognition fall short of accommodating this imperative.

The book traces the source of this shortcoming to Vattel's notion of absolute sovereignty. A paradox pertains to this notion as absolutely independent states seemingly come into being in a community which sets the law that determines statehood. The book shows how this paradox is reproduced in constitutive theorists' idea of recognition as a sovereign gesture of consent and declarative theorists' perception that states can come into being on a singular basis, without any need for interaction. This necessitates a rethinking of the role of recognition in a way that circumvents the problems generated by the notion of absolute independence, whilst accommodating the

International Law and the Relationality of States

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    A Hardback by Erdem Erturk

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      Publisher: Taylor & Francis Ltd
      Publication Date: Publication Date: 3/23/2023 12:00:00 AM
      ISBN13: 9781032041025, 978-1032041025
      ISBN10: 1032041021
      Also in:
      Methods, theory and philosophy of law Philosophy

      Description

      This book critically engages with theories of the recognition of states under international law. Demonstrating that recognition is a constitutive relation that is imperative for the construction of international subjects, the book argues that prevalent theories of recognition fall short of accommodating this imperative.

      The book traces the source of this shortcoming to Vattel's notion of absolute sovereignty. A paradox pertains to this notion as absolutely independent states seemingly come into being in a community which sets the law that determines statehood. The book shows how this paradox is reproduced in constitutive theorists' idea of recognition as a sovereign gesture of consent and declarative theorists' perception that states can come into being on a singular basis, without any need for interaction. This necessitates a rethinking of the role of recognition in a way that circumvents the problems generated by the notion of absolute independence, whilst accommodating the

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