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Part I The Concept of Statehood in International Law, Ch.3 International Law Conditions for the Creation of States

James Crawford

From: The Creation of States in International Law (2nd Edition)

James R Crawford

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 02 March 2021

It has been seen that 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. Even if effectiveness was conceded to be a legal requirement—and not simply a self-evident fact—it was generally denied that there exist (or even that there could exist) criteria for statehood not based on effectiveness. For example according to Charpentier ‘les tentatives de...
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