9781316340639 ebook 9781107119130 (hardback) 9781107545151 (paperback)
ASIL studies in international legal theory.
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.
Title from publisher's bibliographic system (viewed on 05 Apr 2016).
Formatted Contents Note
Machine generated contents note: Introduction: the conundrum of self-determination Fernando R. Tesón; 1. Self-determination and moral variation Bas van der Vossen; 2. The case for national self-determination Christopher W. Morris; 3. The right to self-determination: earned, not inherent Frédéric Mégret; 4. The right to exist and the right to resist Jens David Ohlin; 5. Self-determination in three movements Patrick Macklem; 6. Self-determination for national minorities Alan Patten; 7. Self-determination, dissent, and the problem of population transfers Matthew Lister; 8. Civil disobedience, dirty hands, and secession Michael Blake; 9. 'Mars for the martians?' On the obsolescence of self-determination John R. Morss; 10. The evolution of self-determination of peoples in international law Elizabeth Rodri;guez-Santiago.