Professor Noah Novogrodsky will discuss his essay which considers the definitional challenge posed by the Islamic State’s state-like attributes and suggests a new approach to recognizing sovereignty within the meaning of international law. The dual factors proposed – respect and observance of fundamental human rights in territory controlled by the candidate state, and acceptance of the sovereign co-existence of other states – are intended to reframe traditional analyses of the Montevideo Convention. His piece draws upon on recent scholarship, judicial decisions and diplomatic practices surrounding recognition of would-be states to identify a form of human rights minimalism and acknowledgment of the international order that may usefully inform debates concerning potential future sovereigns.
