Part I The Concept of Statehood in International Law, Ch.2 The Criteria for Statehood: Statehood as Effectiveness

If the effect of positivist doctrine in international law was to place the emphasis in matters of statehood on the question of recognition, the effect of modern doctrine and practice has been to return the attention to issues of statehood and status independent of recognition. Nevertheless there has long been no generally accepted and satisfactory legal definition of statehood. Attempts to declare rules about recognition within the framework of international codification have always been rejected.1 For example during the ILC’s work on the proposed Declaration on...