Self Determination Of Peoples And Plural Ethnic States
Download Self Determination Of Peoples And Plural Ethnic States full books in PDF, epub, and Kindle. Read online free Self Determination Of Peoples And Plural Ethnic States ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Edward McWhinney |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 149 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9004158359 |
In analysing the contemporary International Law principles as to Self-determination of Peoples, Dr. Edward McWhinney gives a special attention to the crisis of multinational states. A special concluding chapter draws on the empirical record of the historical, often trial-and-error experience of the Succession states to the Versailles treaties settlements and to the assorted acts of Decolonisation of the former European Imperial, Colonial powers.
Author | : Joshua Castellino |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 318 |
Release | : 2000-09-14 |
Genre | : Law |
ISBN | : 9789041114099 |
Author | : Edward McWhinney |
Publisher | : BRILL |
Total Pages | : 148 |
Release | : 2007-09-30 |
Genre | : Law |
ISBN | : 904742347X |
In analysing the contemporary International Law principles as to Self-determination of Peoples, Dr. Edward McWhinney gives a special attention to the crisis today of multinational states put together, usually hurriedly and without proper regard for foreseeable later problems in establishing a plural-constitutional order system, by the military victors in World War I in the imposed Peace treaties of 1919. The key to successful exercise of a claimed right to self-determination is Recognition by other, existing states in the World Community and today also admission to the United Nations. In examining the classical rules on Recognition of States and the recent developed practice as to U.N. Membership, the author signals the continuing antinomy of Law and Power and how high political concerns for their own conceived national interests influence or control decisions on application of the legal ground rules in concrete cases by heads of government and their foreign ministries. The author notes at the same time the attempt to consolidate and codify existing rules on a political "regional" basis, most evident perhaps with the European Union today. In addressing the claimed new legal category of "failed state" with the concomitant asserted legal right of other states to intervene, if necessary unilaterally or outside the United Nations, to impose their own "corrective" measures, he suggests that the postulated "failure" in such cases may frequently stem less from problems inherent in the state concerned than from past hegemonial actions by outside states in pursuit of their own geopolitical interests in the region. A special concluding chapter draws on the empirical record of the historical, often trial-and-error experience of the Succession states to the Versailles treaties settlements and to the assorted acts of Decolonisation of the former European Imperial, Colonial powers.
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.
Author | : Jörg Fisch |
Publisher | : Cambridge University Press |
Total Pages | : 351 |
Release | : 2015-12-09 |
Genre | : Political Science |
ISBN | : 1316445151 |
The right of self-determination of peoples holds out the promise of sovereign statehood for all peoples and a domination-free international order. But it also harbors the danger of state fragmentation that can threaten international stability if claims of self-determination lead to secessions. Covering both the late eighteenth- and early nineteenth-century independence movements in the Americas and the twentieth-century decolonization worldwide, this book examines the conceptual and political history of the right of self-determination of peoples. It addresses the political contexts in which the right and concept were formulated and the practices developed to restrain its potentially anarchic character, its inception in anti-colonialism, nationalism, and the labor movement, its instrumentalization at the end of the First World War in a formidable duel that Wilson lost to Lenin, its abuse by Hitler, the path after the Second World War to its recognition as a human right in 1966, and its continuing impact after decolonization.
Author | : Avigail Eisenberg |
Publisher | : UBC Press |
Total Pages | : 349 |
Release | : 2014-04-15 |
Genre | : Political Science |
ISBN | : 0774827440 |
The political concept of recognition has introduced new ways of thinking about the relationship between minorities and justice in plural societies. But is a politics informed by recognition valuable to minorities today? Contributors to this volume examine the successes and failures of struggles for recognition and self-determination in relation to claims of religious groups, cultural minorities, and indigenous peoples on territories associated with Canada, the United States, Europe, Latin America, India, New Zealand, and Australia. The chapters look at cultural recognition in the context of public policy about intellectual and physical property, membership practices, and independence movements, while probing debates about toleration, democratic citizenship, and colonialism. Together the contributions point to a distinctive set of challenges posed by a politics of recognition and self-determination to peoples seeking emancipation from unjust relations.
Author | : Kristina Roepstorff |
Publisher | : Routledge |
Total Pages | : 209 |
Release | : 2013 |
Genre | : Political Science |
ISBN | : 0415520649 |
There have been an increasing number of self-determination conflicts where sub-state groups challenge existing state authority. This book explains how self-determination can exercised beyond the decolonisation process and demonstrates that rather than a threat to international peace and stability, it has strong potential as a tool for conflict prevention and resolution.
Author | : Pau Bossacoma Busquets |
Publisher | : Springer Nature |
Total Pages | : 393 |
Release | : 2019-11-19 |
Genre | : Law |
ISBN | : 3030265897 |
This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.
Author | : Anne Bayefsky |
Publisher | : BRILL |
Total Pages | : 522 |
Release | : 2021-11-15 |
Genre | : Law |
ISBN | : 9004505822 |
The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the Quebec Secession Reference. The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts?
Author | : Kalana Senaratne |
Publisher | : Cambridge University Press |
Total Pages | : 293 |
Release | : 2021-08-05 |
Genre | : Law |
ISBN | : 1108625681 |
Internal self-determination is an under-explored topic in international law. It is popularly understood to be a principle of relatively recent origin, promoting democratic freedoms to populations and autonomy for minority groups within states. It has also been viewed as a principle receiving the support of Western states, in particular. In this first book-length critical study of the topic, the reader is invited to rethink the history, theory and practice of internal self-determination in a complex world. Kalana Senaratne shows that it is a principle of great, but varied, potential. Internal self-determination promises democratic freedoms and autonomy to peoples; but it also represents an idea which is not historically new, and is ultimately a principle which can be promoted for different and conflicting purposes. Written in a clear and accessible style, this book will be of interest to international lawyers, state-officials, minority groups, and students of law and politics.