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

In: The Australian yearbook of international law, Band 40, Heft 1, S. 67-88

Abstract

Abstract
This paper argues that The Creation of States in International Law discloses a unique mode of engaging in international legal reasoning, which belies James Crawford's self-avowed legal positivism. That method is characterised by three methodological commitments, each of which is representative of 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.