Skip to main content

Research Repository

Advanced Search

A Rose is a Rose is a Rose. International Legal Functionism as a Method of Statehood Analysis

Roeben, Volker; Janković, Sava

Authors

Sava Janković



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 in order for a State to be regarded as such, it should join international organizations, create international law (conclude international agreements), send diplomatic and consular agents, avail itself of the international judiciary, and exercise its inherent rights and obligations. This has implications for the normative steering of statehood as an objectives-driven process.

Citation

Roeben, V., & Janković, S. (2021). A Rose is a Rose is a Rose. International Legal Functionism as a Method of Statehood Analysis. Berkeley journal of international law, 39(2), 211-248

Journal Article Type Article
Publication Date 2021
Deposit Date Feb 11, 2022
Journal Berkeley Journal of International Law
Print ISSN 1085-5718
Publisher University of California Press
Peer Reviewed Peer Reviewed
Volume 39
Issue 2
Pages 211-248
Publisher URL https://www.berkeleyjournalofinternationallaw.com/vol-39-2