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The Law of Nations in Global History$
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C. H. Alexandrowicz, David Armitage, and Jennifer Pitts

Print publication date: 2017

Print ISBN-13: 9780198766070

Published to Oxford Scholarship Online: May 2017

DOI: 10.1093/acprof:oso/9780198766070.001.0001

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The New States and International Law (1974)

The New States and International Law (1974)

Chapter:
(p.404) 28 The New States and International Law (1974)
Source:
The Law of Nations in Global History
Author(s):

C. H. Alexandrowicz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198766070.003.0029

This chapter examines some of the legal problems resulting from the entry of the ‘new’ states (mainly the Afro–Asian countries) into the family of nations. The orthodox view is that such states have no choice as to the law which shall apply to them since they are born into the existing international order and must accept its tenets. However, the practice of the ‘new’ states does not supply sufficient evidence of such a fait accompli. There are legal rules that they tend to reject as well as rules they wish to have included. Among the existing principles that ‘new’ states refuse to accept or that they accepted with far-reaching reservations are the legal principles relating to economic relations. Other branches of international law that are under revisionist pressure from the ‘new’ states are the law of state succession and the law of the sea.

Keywords:   law of nations, international law, new states, state of succession, economic relation, law of the sea

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