Denver Journal of International Law and Policy
statehood, Grotian Moment, international law, state sovereignty, state secession
This article will examine the Grotian Moment theory and its practical application toward the legal theory of statehood. To that effect, this article will describe, in Part II, the notion of a Grotian Moment. In Part III, it will examine the legal theory of statehood in its traditional form. Part IV describes changes in the legal theory of statehood brought about by the forces of globalization, in a Grotian Moment manner. These changes include a new notion of state sovereignty and the accompanying right to intervention, the emergence of human and minority rights which sometimes affect state territorial integrity, the existence of de facto states, like Northern Cyprus and Republika Srpska, and the concept of state inter-connectivity and the proliferation of regional and international norms and organizations. This article will conclude that all these changes, caused by globalization, have affected the legal theory of statehood, in a Grotian Moment.
Milena Sterio, A Grotian Moment: Changes in the Legal Theory of Statehood, 39 Denver Journal of International Law and Policy 209 (2011)