JAMES CRAWFORD
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199228423
- eISBN:
- 9780191714375
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228423.003.0003
- Subject:
- Law, Public International Law
The classical criteria for statehood (the so-called Montevideo criteria) were essentially based on the principle of effectiveness. The proposition that statehood is a question of fact derives strong ...
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The classical criteria for statehood (the so-called Montevideo criteria) were essentially based on the principle of effectiveness. The proposition that statehood is a question of fact derives strong support from the equation of effectiveness with statehood. It is necessary to distinguish two possible positions: that there cannot a priori be any criteria for statehood independent of effectiveness, and that no such criteria yet exist as a matter of international law. Fundamentally, the argument that international law cannot regulate or control effective territorial entities is an expression of the view that international law cannot regulate power politics at all; that it is in the end non-peremptory. But on its own terms and with whatever results, international law is in a stage of development towards greater coherence and cogency. An important development here has been the acceptance of the notion of peremptory norms of general international law.Less
The classical criteria for statehood (the so-called Montevideo criteria) were essentially based on the principle of effectiveness. The proposition that statehood is a question of fact derives strong support from the equation of effectiveness with statehood. It is necessary to distinguish two possible positions: that there cannot a priori be any criteria for statehood independent of effectiveness, and that no such criteria yet exist as a matter of international law. Fundamentally, the argument that international law cannot regulate or control effective territorial entities is an expression of the view that international law cannot regulate power politics at all; that it is in the end non-peremptory. But on its own terms and with whatever results, international law is in a stage of development towards greater coherence and cogency. An important development here has been the acceptance of the notion of peremptory norms of general international law.
JAMES CRAWFORD
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199228423
- eISBN:
- 9780191714375
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228423.003.0012
- Subject:
- Law, Public International Law
This chapter discusses the general issues of international disposition relating to the creation of States. The principle of the equality of States — one of the basic principles of international law ...
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This chapter discusses the general issues of international disposition relating to the creation of States. The principle of the equality of States — one of the basic principles of international law and of the United Nations Charter — implies that new legal obligations may not be imposed on States nor may their existing legal rights be impaired by the actions of other States without their consent. Apart from certain more general exceptions to this rule, however, certain international powers can bring about territorial change and create new territorial entities (States or entities approximating to States) with effects extending beyond the immediate contracting parties. Three general areas may be distinguished: the exercise of dispositive powers by means of multilateral acts or treaties, their exercise through a more or less organised practice of collective recognition, and their exercise by standing international organisations.Less
This chapter discusses the general issues of international disposition relating to the creation of States. The principle of the equality of States — one of the basic principles of international law and of the United Nations Charter — implies that new legal obligations may not be imposed on States nor may their existing legal rights be impaired by the actions of other States without their consent. Apart from certain more general exceptions to this rule, however, certain international powers can bring about territorial change and create new territorial entities (States or entities approximating to States) with effects extending beyond the immediate contracting parties. Three general areas may be distinguished: the exercise of dispositive powers by means of multilateral acts or treaties, their exercise through a more or less organised practice of collective recognition, and their exercise by standing international organisations.
- Published in print:
- 2007
- Published Online:
- June 2013
- ISBN:
- 9780804755962
- eISBN:
- 9780804768290
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804755962.003.0009
- Subject:
- Anthropology, Social and Cultural Anthropology
This chapter is concerned with the Planes de Ordenamiento Territorial (OT), which were created to start distributing jurisdictions between territorial and national entities. It shows that the process ...
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This chapter is concerned with the Planes de Ordenamiento Territorial (OT), which were created to start distributing jurisdictions between territorial and national entities. It shows that the process of the OT is participatory in nature and can be viewed as spaces of public negotiation (i.e. between citizens and the state and among the citizens). It describes the different spaces and procedures of territorial organization and discusses unauthorized conflicts and authorized categories. From here the chapter turns to the 1991 Colombian Constitution, which helps link the notion of territory to the idea of participation, especially in terms of the Indigenous communities. Changes in the territorial order that began in 2000 and state authority are other concepts that are examined in this chapter.Less
This chapter is concerned with the Planes de Ordenamiento Territorial (OT), which were created to start distributing jurisdictions between territorial and national entities. It shows that the process of the OT is participatory in nature and can be viewed as spaces of public negotiation (i.e. between citizens and the state and among the citizens). It describes the different spaces and procedures of territorial organization and discusses unauthorized conflicts and authorized categories. From here the chapter turns to the 1991 Colombian Constitution, which helps link the notion of territory to the idea of participation, especially in terms of the Indigenous communities. Changes in the territorial order that began in 2000 and state authority are other concepts that are examined in this chapter.
