This thesis develops the first "non-positivist" account of the international laws that govern the emergence of new states. It asks what international legal principles condition the emergence of statehood and, as a necessarily connected matter, what moral reasons find expression in those principles. As such, it aims both to identify the content of the law and to establish the presumptive justifiability of that content. On the methodology adopted, these are not distinct issues but two aspects of the same explanatory exercise. The originality of this thesis turns, in part, upon this distinct methodology, which is innovative within this area of international legal scholarship. Substantively, this thesis argues against explanations of emerging statehood that place primary emphasis upon the importance of international stability or governmental legitimacy. Instead, it advances a novel conception of "political community", which it uses to identify and justify four "antecedents" of statehood and four "principles of emergence", arguing that these legal elements collectively constitute the law that governs the emergence of new states. This substantive position articulates an original moral foundation for the relevant aspects of international law, whilst simultaneously entailing legal conclusions that challenge and extend more orthodox views of that law"s content.

Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.

This Oxford Handbook will be the definitive study of governance for years to come. 'Governance' has become one of the most popular terms in contemporary political science; this Handbook explores the full range of meaning and application of the concept and its use in a number of research fields.

Governance discourse centers on an "ideal type" of modern statehood that exhibits full internal and external sovereignty and a legitimate monopoly on the use of force. Yet modern statehood is an anomaly, both historically and within the contemporary international system, while the condition of "limited statehood," wherein countries lack the capacity to implement central decisions and monopolize force, is the norm. Limited statehood, argue the authors in this provocative collection, is in fact a fundamental form of governance, immune to the forces of economic and political modernization. Challenging common assumptions about sovereign states and the evolution of modern statehood, particularly the dominant paradigms supported by international relations theorists, development agencies, and international organizations, this volume explores strategies for effective and legitimate governance within a framework of weak and ineffective state institutions. Approaching the problem from the perspectives of political science, history, and law, contributors explore the factors that contribute to successful governance under conditions of limited statehood. These include the involvement of nonstate actors and nonhierarchical modes of political influence. Empirical chapters analyze security governance by nonstate actors, the contribution of public-private partnerships to promote the United Nations Millennium Goals, the role of business in environmental governance, and the problems of Western state-building efforts, among other issues. Recognizing these forms of governance as legitimate, the contributors clarify the complexities of a system the developed world must negotiate in the coming century.

A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.

Unpacking the major debates, this Oxford Handbook brings together leading authors of the field to provide a state-of-the-art guide to governance in areas of limited statehood where state authorities lack the capacity to implement and enforce central decision and/or to uphold the monopoly over the means of violence. While areas of limited statehood can be found everywhere - not just in the global South -, they are neither ungoverned nor ungovernable. Rather, a variety of actors maintain public order and safety, as well as provide public goods and services. While external state 'governors' and their interventions in the global South have received special scholarly attention, various non-state actors - from NGOs to business to violent armed groups - have emerged that also engage in governance. This evidence holds for diverse policy fields and historical cases. The Handbook gives a comprehensive picture of the varieties of governance in areas of limited statehood from interdisciplinary perspectives including political science, geography, history, law, and economics. 29 chapters review the academic scholarship and explore the conditions of effective and legitimate governance in areas of limited statehood, as well as its implications for world politics in the twenty-first century. The authors examine theoretical and methodological approaches as well as historical and spatial dimensions of areas of limited statehood, and deal with the various governors as well as their modes of governance. They cover a variety of issue areas and explore the implications for the international legal order, for normative theory, and for policies toward areas of limited statehood.

From Kurdistan to Somaliland, Xinjiang to South Yemen, all secessionist movements hope to secure newly independent states of their own. Most will not prevail. The existing scholarly wisdom provides one explanation for success, based on authority and control within the nascent states. With the aid of an expansive new dataset and detailed case studies, this book provides an alternative account. It argues that the strongest members of the international community have a decisive influence over whether today's secessionists become countries tomorrow and that, most often, their support is conditioned on parochial political considerations.

This open access book modifies and revitalizes the concept of the ‘developmental state’ to understand the politics of emerging economy through nuanced analysis on the roles of human agency in the context of structural transformation. In other words, there is a revived interest in the ‘developmental state’ concept. The nature of the ‘emerging state’ is characterized by its attitude toward economic development and industrialization. Emerging states have engaged in the promotion of agriculture, trade, and industry and played a transformative role to pursue a certain path of economic development. Their success has cast doubt about the principle of laissez faire among the people in the developing world. This doubt, together with the progress of democratization, has prompted policymakers to discover when and how economic policies should deviate from laissez faire, what prevents political leaders and state institutions from being captured by vested interests, and what induce them to drive economic development. This book offers both historical and contemporary case studies from Japan, South Korea, Taiwan, Singapore, Indonesia, Malaysia, Myanmar, Ethiopia, Kenya, and Rwanda. They illustrate how institutions are designed to be developmental, how political coalitions are formed to be growth-oriented, and how technocratic agencies are embedded in a network of business organizations as a part of their efforts for state building.

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

If the term were given its literal meaning, international law would be law between 'nations'. It is often described instead as being primarily between states. But this conceals the diversity of the nations or state-like entities that have personality in international law or that have had it historically. This book reconceptualizes statehood by positioning it within that wider family of state-like entities. In this monograph, Rowan Nicholson contends that states themselves have diverse legal underpinnings. Practice in cases such as Somalia and broader principles indicate that international law provides not one but two alternative methods of qualifying as a state. Subject to exceptions connected with territorial integrity and peremptory norms, an entity can be a state either on the ground that it meets criteria of effectiveness or on the ground that it is recognized by all other states. Nicholson also argues that states, in the strict legal sense in which the word is used today, have never been the only state-like entities with personality in international law. Others from the past and present include imperial China in the period when it was unreceptive to Western norms; precolonial African chiefdoms; 'states-in-context', an example of which may be Palestine, which have the attributes of statehood relative to states that recognize them; and entities such as Hong Kong.