Case Western Reserve Journal of International Law
customary law, statehood, sovereignty
Grotian Moments are instances of accelerated formation of customary law, sparked by significant world events, such as wars, terrorist attacks, or natural catastrophes. This Article applies the Grotian Moment theory to the legal criteria of statehood, in an attempt to assess whether an evolution in specific elements of statehood has resulted in such paradigm-shifting Grotian Moments. In Part II, this Article analyzes the Grotian Moment theory while distinguishing it from other types of customary law formation. Part III focuses on the legal theory of statehood and each of its constitutive elements. Part IV discusses whether any such elements of statehood have evolved over time, resulting in Grotian Moments. Finally, Part V proposes a reconceptualization of the legal theory of statehood, in light of its evolving criteria, which may have constituted Grotian Moments.
Sterio, Milena, "Grotian Moments and Statehood" (2022). Law Faculty Articles and Essays. 1236.