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Author : Alexis Heraclides
Publisher : Routledge
Page : 291 pages
File Size : 47,9 Mb
Release : 2012-11-12
Category : Political Science
ISBN : 9781136290183
Published in 1991, The Self-determination of Minorities in International Politics is a valuable contribution to the field of Politics.
Author : Ulrike Barten
Publisher : Springer
Page : 299 pages
File Size : 48,7 Mb
Release : 2014-09-23
Category : Law
ISBN : 9783319088761
The book questions the classic idea of self-determination – the right to self-determination is a right of peoples, not of minorities – by examining the content of the right to self-determination and the content of minority rights. Self-determination has four dimensions: the political, the economic, the social and the cultural dimensions. Minorities have minority rights that touch on most aspects of life as a member of a minority. If there is an overlap between minority rights and the different dimensions of self-determination, the concept that the right to self-determination is only applicable to peoples loses credibility. No global and general conclusion is envisaged; there are restrictions in place. The work is limited to the European framework and is further restricted to classic minorities. The argument is based on a legitimacy and justice approach. The analysis in this book shows that some minority rights overlap with the different dimensions of internal self-determination. In short, classic minorities in Europe have a right to internal self-determination.
Author : Gnanapala Welhengama
Publisher : Routledge
Page : 341 pages
File Size : 42,7 Mb
Release : 2017-11-30
Category : Social Science
ISBN : 9781351728331
This title was first published in 2000: An investigation of how the claims of minority groups for greater political power through 'autonomy' and 'secession' clash with the concerns of the nation-State, and how States’ refusals to respond positively to such claims contribute to the escalation of ethnic conflicts in contemporary multi-ethnic polities. In addition, this book examines the extent to which the international community is prepared to accommodate the concerns of minority groups beyond traditionally identified 'minority rights'. The validity of claims for autonomy with shared-sovereignty, autonomy as an inherent part of self-determination, autonomy as a solution to current ethnic conflicts, secessionist and irredentist movements and their impact on peace and security are analyzed in detail. Most importantly, whether minorities as such can secede from the State in which they live by virtue of self-determination is critically analyzed. The discussion of 'peoples' in the context of self-determination is the first detailed research on this subject to appear in international and human rights literature.
Author : Donald Clark,Robert Williamson
Publisher : Springer
Page : 466 pages
File Size : 45,5 Mb
Release : 2016-07-27
Category : Political Science
ISBN : 9781349249183
This is a significant contribution to the worldwide discussion of political self-determination as a source of socio-cultural and political hope, conflict and confusion. Inspired by Martin Ennals, long the quietly visionary Director-General of Amnesty International, the book consists of cases and penetratingly definitive analyses, culminating in trenchant recommendations for action by world bodies. With self-determination intensely at issue so widely, from the former Yugoslavia to Kashmir to Quebec, this distinguished book by a global group of experts is particularly timely.
Author : Thomas D. Musgrave
Publisher : Oxford University Press, USA
Page : 346 pages
File Size : 52,8 Mb
Release : 1997
Category : Law
ISBN : UOM:39015040610936
The Western Sahara Case
Author : Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov
Publisher : OUP Oxford
Page : 340 pages
File Size : 53,9 Mb
Release : 2014-06-05
Category : Law
ISBN : 9780191006913
Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.
Author : Joshua Castellino
Publisher : BRILL
Page : 310 pages
File Size : 49,9 Mb
Release : 2021-07-26
Category : Law
ISBN : 9789004480896
The principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. `Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, `self-determination' has come to mean different things in different contexts. Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state. These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where `self-determination' was achieved. The second, examines the situation in the Western Sahara where `self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of `national identity' and the `self' in settings far removed from post-Westphalian Europe.
Author : Nazila Ghanea-Hercock,Alexandra Xanthaki
Publisher : BRILL
Page : 370 pages
File Size : 46,8 Mb
Release : 2005-05-01
Category : Law
ISBN : 9789047407119
The present volume, in honour of Professor Patrick Thornberry, presents new thinking on minority and indigenous rights in international law. Contributors to this 17 chapter volume include an impressive range of academics, thinkers, practitioners and international civil servants with a number of different approaches to this complex area. Not all of them take a legal approach, and this exploration benefits from the variety of frameworks utilised in contributing to the controversial area of minority and indigenous rights. Debates that receive attention in this volume include self-determination, definitional issues, collective rights and rights to natural resources. Other chapters unravel challenges that have not attracted sufficient attention to date, such as multiculturalism, integration, colour as a ground for discrimination and the economic and social rights of minorities. The volume also looks critically at the work of the World Bank, the African Union, the Council of Europe and the OSCE in this arena. Finally, case studies highlight the regrettable similarities in the suffering of groups in different parts of the world as well as the stark contrast between state claims and their actual practice. The contributors are: Gudmundur Alfredsson, Michael Banton, Joshua Castellino, Erica‐lrene A. Daes, María-Amor Estébanez, Nazila Ghanea, Geoff Gilbert, Bülent Gökay, Tom Hadden, Dominic McGoldrick, Timothy Murithi, John Packer, Chandra K. Roy, Malcolm N. Shaw, Martin Scheinin, Sia Spiliopoulou Åkermark, and Alexandra Xanthaki.
Author : Wolfgang F. Danspeckgruber
Publisher : Lynne Rienner Publishers
Page : 490 pages
File Size : 47,7 Mb
Release : 2002
Category : Political Science
ISBN : 1555877931
Focusing especially on the era since the Cold War, political scientists, other scholars, and government officials examine both empirically and conceptually the causes and impacts of people striving for self-determination and autonomy. They consider the legal, political-administrative, ethnic-cultural, economic, and strategic dimensions; and try to consider examples from all major regions. Annotation c. Book News, Inc., Portland, OR (booknews.com)
Author : Patricia Carley,United States Institute of Peace
Publisher : Unknown
Page : 30 pages
File Size : 53,9 Mb
Release : 1996
Category : Boundary disputes
ISBN : PURD:32754066024294
Author : Olgun Akbulut,Elçin Aktoprak
Publisher : BRILL
Page : 285 pages
File Size : 41,9 Mb
Release : 2019-07-08
Category : Law
ISBN : 9789004405455
This volume, Minority Self-Government in Europe and theMiddle East: From Theory to Practice, is novel from several perspectives. It combines theory with facts on the ground, going beyond legal perspectives without neglecting existing laws and their implementation.
Author : Steven Wheatley
Publisher : Cambridge University Press
Page : 246 pages
File Size : 42,7 Mb
Release : 2005-12-22
Category : Law
ISBN : 0521848989
This work explores the contribution that international law may make to the resolution of culture conflicts--political disputes between the members of different ethno-cultural groups--in democratic States. International law recognizes that persons belonging to minorities have the right to enjoy their own culture and peoples have the right to self-determination without detailing how these principles are to be put into effect. The emergence of democracy as a legal obligation of States permits the international community to concern itself with both the procedure and substance of 'democratic' decisions concerning ethno-cultural groups.
Author : Anna Moltchanova
Publisher : Springer Science & Business Media
Page : 224 pages
File Size : 48,6 Mb
Release : 2009-08-28
Category : Philosophy
ISBN : 9789048126910
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
Author : Fernando R. Tesón
Publisher : Cambridge University Press
Page : 259 pages
File Size : 53,8 Mb
Release : 2016-04-06
Category : Law
ISBN : 9781107119130
In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
Author : Associate Professor of Political Science Avigail Eisenberg,Avigail Eisenberg,Jeremy H. A. Webber,Andrée Boisselle,Glen Coulthard
Publisher : UBC Press
Page : 349 pages
File Size : 54,5 Mb
Release : 2014-03-01
Category : Social Science
ISBN : 9780774827430
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. They point to a distinctive set of challenges posed by a politics of recognition and self-determination to peoples seeking emancipation from unjust relations.