Rose is a Rose is a Rose: International Legal Functionalism as a Method of Statehood Analysis

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Abstract

Statehood is a foundational concept of international law. This article argues that what is considered a state within the realm of international law is best explained by its external effectiveness in the international legal order, rather than, as so far accepted, by internal facts of people, government and territory. Against this background, an alternative method of cognizance of statehood in international law is advanced, termed International Legal Functionalism (ILF). ILF suggests that a state in order to be regarded as such should join international organizations, create international law (conclude international agreements), send diplomatic and consular agents, avail itself of the international judiciary as well as exercise its inherent rights and obligations. This has implications for the normative steering of statehood as an objectives-driven process.
Original languageEnglish
JournalBerkeley Journal of International Law
Volume39
Issue number2
Publication statusAccepted/In press - 2020

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