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The Concept of the State in International RelationsPhilosophy, Sovereignty and Cosmopolitanism$
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Robert Schuett and Peter M. R. Stirk

Print publication date: 2015

Print ISBN-13: 9780748693627

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9780748693627.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 01 April 2020

International Law and Statehood

International Law and Statehood

A Performative View

Chapter:
(p.23) 1 International Law and Statehood
Source:
The Concept of the State in International Relations
Author(s):

Janis Grzybowski

Martti Koskenniemi

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748693627.003.0002

This chapter examines the concept of statehood and its relationship with international law. It argues that what appears as ‘statehood’ when viewed from one perspective may not at all appear so when examined from a contrasting angle. Neither legal validity nor empirical effectiveness has a final word on how to tell the fictional from the real, the good from the evil. In the last instance, statehood is neither a fact nor a norm but a set of practices and performances, as adjudged from different perspectives. To see it this way leads to an appreciation of the constitutive role international law plays in supporting and stabilizing, rejecting, and contesting particular descriptions of statehood.

Keywords:   state, statehood, international law

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