National Self-Determination and Justice in Multinational States

National Self-Determination and Justice in Multinational States
Author: Anna Moltchanova
Publisher: Springer Science & Business Media
Total Pages: 224
Release: 2009-08-28
Genre: Philosophy
ISBN: 9048126916

Substate nationalism, especially in the past fifteen years, has noticeably affected the political and territorial stability of many countries, both democratic and democratizing. Norms exist to limit the behavior of collective agents in relation to individuals; the set of universally accepted human rights provides a basic framework. There is a lacuna in international law, however, in the regulation of the behavior of groups toward other groups, with the exception of relations among states. The book offers a normative approach to moderate minority nationalism that treats minorities and majorities in multinational states justly and argues for the differentiation of group rights based on how group agents are constituted. It argues that group agency requires a shared set of beliefs concerning membership and the social ontology it offers ensures that group rights can be aligned with individual rights. It formulates a set of principles that, if adopted, would aid conflict resolution in multinational states. The book pays special attention to national self-determination in transitional societies. The book is intended for everyone in political philosophy and political science interested in global justice and international law and legal practitioners interested in normative issues and group rights

Justice, Legitimacy, and Self-Determination

Justice, Legitimacy, and Self-Determination
Author: Allen Buchanan
Publisher: OUP Oxford
Total Pages: 528
Release: 2003-08-21
Genre: Political Science
ISBN: 0191522465

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan

Militant Democracy

Militant Democracy
Author: András Sajó
Publisher: Eleven International Publishing
Total Pages: 271
Release: 2004
Genre: Civil rights
ISBN: 9077596046

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

The UN Friendly Relations Declaration at 50

The UN Friendly Relations Declaration at 50
Author: Jorge E. Viñuales
Publisher: Cambridge University Press
Total Pages: 1047
Release: 2020-10-08
Genre: Law
ISBN: 1108662307

The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.

A World Divided

A World Divided
Author: Eric D. Weitz
Publisher: Princeton University Press
Total Pages: 574
Release: 2021-06
Genre: History
ISBN: 0691205140

A global history of human rights in a world of nations that grant rights to some while denying them to others Once dominated by vast empires, the world is now divided into some 200 independent countries that proclaim human rights—a transformation that suggests that nations and human rights inevitably develop together. But the reality is far more problematic, as Eric Weitz shows in this compelling global history of the fate of human rights in a world of nation-states. Through vivid histories from virtually every continent, A World Divided describes how, since the eighteenth century, nationalists have established states that grant human rights to some people while excluding others, setting the stage for many of today’s problems, from the refugee crisis to right-wing nationalism. Only the advance of international human rights will move us beyond a world divided between those who have rights and those who don't.

Worldmaking After Empire

Worldmaking After Empire
Author: Adom Getachew
Publisher: Princeton University Press
Total Pages: 288
Release: 2020-04-28
Genre: History
ISBN: 0691202346

Decolonization revolutionized the international order during the twentieth century. Yet standard histories that present the end of colonialism as an inevitable transition from a world of empires to one of nations—a world in which self-determination was synonymous with nation-building—obscure just how radical this change was. Drawing on the political thought of anticolonial intellectuals and statesmen such as Nnamdi Azikiwe, W.E.B Du Bois, George Padmore, Kwame Nkrumah, Eric Williams, Michael Manley, and Julius Nyerere, this important new account of decolonization reveals the full extent of their unprecedented ambition to remake not only nations but the world. Adom Getachew shows that African, African American, and Caribbean anticolonial nationalists were not solely or even primarily nation-builders. Responding to the experience of racialized sovereign inequality, dramatized by interwar Ethiopia and Liberia, Black Atlantic thinkers and politicians challenged international racial hierarchy and articulated alternative visions of worldmaking. Seeking to create an egalitarian postimperial world, they attempted to transcend legal, political, and economic hierarchies by securing a right to self-determination within the newly founded United Nations, constituting regional federations in Africa and the Caribbean, and creating the New International Economic Order. Using archival sources from Barbados, Trinidad, Ghana, Switzerland, and the United Kingdom, Worldmaking after Empire recasts the history of decolonization, reconsiders the failure of anticolonial nationalism, and offers a new perspective on debates about today’s international order.

Self-Determination of Peoples

Self-Determination of Peoples
Author: Antonio Cassese
Publisher: Cambridge University Press
Total Pages: 398
Release: 1995
Genre: Law
ISBN: 9780521637527

The definitive study of the doctrine of self-determination of peoples.

Diversity and Self-Determination in International Law

Diversity and Self-Determination in International Law
Author: Karen Knop
Publisher: Cambridge University Press
Total Pages: 460
Release: 2002-04-18
Genre: Political Science
ISBN: 1139431927

The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.

The Theory of Self-Determination

The Theory of Self-Determination
Author: Fernando R. Tesón
Publisher: Cambridge University Press
Total Pages: 259
Release: 2016-04-07
Genre: Law
ISBN: 1316483363

When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as: when does a group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations.