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

Roeben, Volker; Janković, Sava

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
• Electronic ISSN: 2831-9729
• Publisher: University of California Press
• Peer Reviewed: Peer Reviewed
• Volume: 39
• Issue: 2
• Pages: 211-248
• Public URL: https://durham-repository.worktribe.com/output/1217270
• Publisher URL: https://www.berkeleyjournalofinternationallaw.com/vol-39-2