The Creation of States as a Cardinal Point: James Crawford's Contribution to International Legal Scholarship

Alex Green

doi:10.1163/26660229-04001005

The Creation of States as a Cardinal Point: James Crawford's Contribution to International Legal Scholarship

Alex Green

York Law School

Research output: Contribution to journal › Article › peer-review

Abstract

This paper argues that The Creation of States in International Law discloses a unique mode of engaging in international legal reasoning. That approach is characterised by three intellectual commitments, each of which is representative of James Crawford’s broader legal thought. Undertaking a self-consciously normative form of interpretive excavation, the paper contends that Crawford was committed to: 1) cautious optimism about the determinacy of international law; 2) the value of nuance and context when making legal judgements; and 3) the normative importance of humanity as a heuristic principle. It then establishes these commitments as interpretive guidelines that can be used to analyse emergent legal problems. The paper concludes with consideration of the threat posed to Small Island States by rising sea levels, arguing that the spirit of Crawford’s intellectual contribution supports their legal resilience and survivability.

Original language	English
Pages (from-to)	67-88
Number of pages	22
Journal	The Australian Year Book of International Law
Volume	40
Issue number	1
DOIs	https://doi.org/10.1163/26660229-04001005
Publication status	Published - 7 Dec 2022

Bibliographical note

Access to Document

10.1163/26660229-04001005Licence: CC BY

The Creation of States as a Cardinal Point: James Crawford’s Contribution to International Legal Scholarship
© Alex Green, 2023
Final published version, 549 KBLicence: CC BY

Cite this

@article{d27141c054174457b6b4b3b835082045,

title = "The Creation of States as a Cardinal Point: James Crawford's Contribution to International Legal Scholarship",

abstract = "This paper argues that The Creation of States in International Law discloses a unique mode of engaging in international legal reasoning. That approach is characterised by three intellectual commitments, each of which is representative of James Crawford{\textquoteright}s broader legal thought. Undertaking a self-consciously normative form of interpretive excavation, the paper contends that Crawford was committed to: 1) cautious optimism about the determinacy of international law; 2) the value of nuance and context when making legal judgements; and 3) the normative importance of humanity as a heuristic principle. It then establishes these commitments as interpretive guidelines that can be used to analyse emergent legal problems. The paper concludes with consideration of the threat posed to Small Island States by rising sea levels, arguing that the spirit of Crawford{\textquoteright}s intellectual contribution supports their legal resilience and survivability.",

author = "Alex Green",

note = "{\textcopyright} Alex Green, 2023",

year = "2022",

month = dec,

day = "7",

doi = "10.1163/26660229-04001005",

language = "English",

volume = "40",

pages = "67--88",

journal = "The Australian Year Book of International Law",

issn = "0084-7658",

publisher = "Brill",

number = "1",

}

TY - JOUR

T1 - The Creation of States as a Cardinal Point

T2 - James Crawford's Contribution to International Legal Scholarship

AU - Green, Alex

PY - 2022/12/7

Y1 - 2022/12/7

N2 - This paper argues that The Creation of States in International Law discloses a unique mode of engaging in international legal reasoning. That approach is characterised by three intellectual commitments, each of which is representative of James Crawford’s broader legal thought. Undertaking a self-consciously normative form of interpretive excavation, the paper contends that Crawford was committed to: 1) cautious optimism about the determinacy of international law; 2) the value of nuance and context when making legal judgements; and 3) the normative importance of humanity as a heuristic principle. It then establishes these commitments as interpretive guidelines that can be used to analyse emergent legal problems. The paper concludes with consideration of the threat posed to Small Island States by rising sea levels, arguing that the spirit of Crawford’s intellectual contribution supports their legal resilience and survivability.

AB - This paper argues that The Creation of States in International Law discloses a unique mode of engaging in international legal reasoning. That approach is characterised by three intellectual commitments, each of which is representative of James Crawford’s broader legal thought. Undertaking a self-consciously normative form of interpretive excavation, the paper contends that Crawford was committed to: 1) cautious optimism about the determinacy of international law; 2) the value of nuance and context when making legal judgements; and 3) the normative importance of humanity as a heuristic principle. It then establishes these commitments as interpretive guidelines that can be used to analyse emergent legal problems. The paper concludes with consideration of the threat posed to Small Island States by rising sea levels, arguing that the spirit of Crawford’s intellectual contribution supports their legal resilience and survivability.

U2 - 10.1163/26660229-04001005

DO - 10.1163/26660229-04001005

M3 - Article

SN - 0084-7658

VL - 40

SP - 67

EP - 88

JO - The Australian Year Book of International Law

JF - The Australian Year Book of International Law

IS - 1

ER -