Self Determination Of Peoples And Plural Ethnic States
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Author | : Edward McWhinney |
Publisher | : BRILL |
Total Pages | : 148 |
Release | : 2007-09-30 |
Genre | : Law |
ISBN | : 904742347X |
Download Self-Determination of Peoples and Plural-ethnic States in Contemporary International Law Book in PDF, Epub and Kindle
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 | : Edward McWhinney |
Publisher | : |
Total Pages | : 93 |
Release | : 2003 |
Genre | : Minorities |
ISBN | : |
Download Self-determination of Peoples and Plural-ethnic States Book in PDF, Epub and Kindle
Author | : Edward McWhinney |
Publisher | : |
Total Pages | : 0 |
Release | : 2003 |
Genre | : Minorities |
ISBN | : |
Download Self-determination of Peoples and Plural-ethnic States Book in PDF, Epub and Kindle
Author | : Wolfgang F. Danspeckgruber |
Publisher | : Lynne Rienner Publishers |
Total Pages | : 490 |
Release | : 2002 |
Genre | : Political Science |
ISBN | : 9781555877934 |
Download The Self-determination of Peoples Book in PDF, Epub and Kindle
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 | : Edward McWhinney |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 149 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9004158359 |
Download Self-Determination of Peoples and Plural-ethnic States in Contemporary International Law Book in PDF, Epub and Kindle
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 | : Christian Tomuschat |
Publisher | : BRILL |
Total Pages | : 359 |
Release | : 2023-08-21 |
Genre | : Law |
ISBN | : 9004635106 |
Download Modern Law of Self-Determination Book in PDF, Epub and Kindle
Modern Law of Self-Determination examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general `Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. Modern Law of Self-Determination is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.
Author | : Elisabeth Zoller |
Publisher | : |
Total Pages | : 128 |
Release | : |
Genre | : Constitutional law |
ISBN | : 9789041118561 |
Download Self-determination of Peoples and Plural-ethnic States Book in PDF, Epub and Kindle
"Professor Thirlway, Visiting Professor at the University of Bristol, examines in this course how and why it is that international law is different from all other national systems of law. Professor Thirlway starts by describing the reality of international law, and then focuses on the concept of the sources of international law (treaties, customs, and general principles of law). The author then lists some major concepts of international law, in particular the notions of the subjects of law and territory. The last chapter is devoted to some varieties of law: soft law, obligations erga omnes and jus cogens"--Publisher's description.
Author | : Anna Moltchanova |
Publisher | : Springer Science & Business Media |
Total Pages | : 224 |
Release | : 2009-08-28 |
Genre | : Philosophy |
ISBN | : 9048126916 |
Download National Self-Determination and Justice in Multinational States Book in PDF, Epub and Kindle
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 | : Hilly Moodrick-Even Khen |
Publisher | : BRILL |
Total Pages | : 223 |
Release | : 2016-06-10 |
Genre | : Law |
ISBN | : 9004294333 |
Download National Identities and the Right to Self-Determination of Peoples Book in PDF, Epub and Kindle
In National Identities and the Right to Self-Determination of Peoples, Hilly Moodrick-Even Khen revisits the legal right to self-determination of peoples and suggests an integrative model for securing the cohesion of the various nationalities within multinational states. The model, set on both legal and political science theories, departs from civic nationalism but calls to strengthen it with more immediate and emotional means, such as shared national symbols and multicultural education. Moodrick-Even Khen explores the political history of Canada, Belgium, and Spain and touches upon other divided societies such as South Africa, Northern Ireland and Cyprus. Drawing upon these cases, she suggests a future model for a cohesive society in Israel, which is currently nationally divided between Arabs and Jews.
Author | : Avigail Eisenberg |
Publisher | : UBC Press |
Total Pages | : 349 |
Release | : 2014-04-15 |
Genre | : Political Science |
ISBN | : 0774827440 |
Download Recognition versus Self-Determination Book in PDF, Epub and Kindle
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.