Moltchanova National Self-Determination and Justice in Multinational States

2009
ISBN: 978-90-481-2691-0
Verlag: Springer Netherland
Format: PDF
Kopierschutz: 1 - PDF Watermark

E-Book, Englisch, 207 Seiten, eBook

Reihe: Humanities, Social Sciences and Law

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

Zielgruppe

Research

Autoren/Hrsg.

Moltchanova, Anna

Inhaltsverzeichnis

Introduction.
1. Multinational states and moral theories of international legal doctrine. 1.1 Current International Norms. 1.2 Moral Theories of International Legal Doctrine Concerning Self-Determination. 1.3 Self-Determination, Territory, and the Continuity of Entitlement.
2. Collective agents and group moral rights. 2.1 Group Rights and Hart’s Condition. 2.2 Collective Moral Rights and the Constitution of Group Agents: Primary Versus Derivative Group Rights. 2.3 The ontological status of group agents. 2.4 Practical Issues Associated with Primary Group Moral Rights. 2.5 Self-Determination as a Moral Right and Its Benefits.
3. A definition of nationhood. 3.1 A General Methodological Approach to Defining Nationhood. 3.2 Some Definitions. 3.3 A New Definition of Nationhood. 3.4 Nationhood and Self-Determination.
4. Potential political cultures. 4.1 Political Culture: Overview of the Continuum. 4.2 Three Problems. 4.3 Implications and Advantages of the Nations Approach.
5. The modified right to self-determination. 5.1 National Groups’ Entitlement to Self-Determination. 5.2 The Modified Right to Self-Determination.
6. The implications of the modified right to self-determination. 6.1 The Nations Approach. 6.2 Multinational Federations and the Nations Approach. 6.3 A Teleological Justification of the Nations Approach. 6.4 The implementation of the nations approach. 6.5 Empirical Considerations.
Conclusion. Notes.