International Law and the Relationality of States: A Critique of Theories of Recognition

The book explores the complexities of state recognition in international law, challenging the traditional understanding of sovereignty and offering a more nuanced perspective. It is of interest to legal and political theorists, as well as scholars and students in international relations.

Format: Hardback
Length: 242 pages
Publication date: 23 March 2023
Publisher: Taylor & Francis Ltd

The recognition of states under international law is a complex and multifaceted phenomenon that has been the subject of much debate and analysis. While traditional theories of recognition have focused on the criteria for statehood and the legal consequences of recognition, more recent approaches have sought to understand the broader social and political factors that shape state recognition.

One of the most influential theories of state recognition is the "restrictive economy of recognition," which suggests that states are only recognized by other states if they meet certain criteria, such as having a defined territory, a government, and a population. This theory has been criticized for creating a paradoxical perception of sovereignty, as it implies that states are only legitimate if they conform to a set of predetermined standards.

In response to this criticism, some scholars have proposed alternative theories of state recognition. One such theory is the "social constructivist" approach, which emphasizes the role of social and cultural factors in shaping state recognition. According to this approach, states are not merely legal entities but are also social and cultural constructions that are shaped by a variety of factors, including history, culture, and identity.

Another important theory of state recognition is the "realist" approach, which emphasizes the importance of power and interests in shaping state recognition. According to this approach, states are recognized by other states because they serve the interests of those states and are able to protect them from external threats.

Despite these different theories of state recognition, there is still much debate and discussion about the criteria for statehood and the legal consequences of recognition. For example, some scholars argue that state recognition should be based on a combination of legal and social factors, while others argue that it should be solely based on the fulfillment of legal criteria. Additionally, there are concerns about the political and social consequences of state recognition, such as the potential for conflict and instability.

In conclusion, the recognition of states under international law is a complex and multifaceted phenomenon that is shaped by a variety of social, political, and legal factors. While traditional theories of recognition have been criticized for creating a paradoxical perception of sovereignty, more recent approaches have sought to understand the broader social and political factors that shape state recognition. As such, the study of state recognition remains an important area of research for legal and political theorists, as well as scholars and students in international relations.

Weight: 630g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032041025