An Essay in the History of the Principle of Self-Determination

Brownlie, Ian

doi:10.1007/978-94-017-5985-4_6

Cited by 16 publications

(1 citation statement)

References 3 publications

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“…It is worthwhile reconsidering a legal and political concept that, despite its ambiguities, has for decades been the formal vehicle for expressing the political will for independence. Despite contending interpretations of its conceptual content and political potential since its original inception after World War I (see Brownlie 1970; Pomerance 1984), the right to self-determination was, during the era of decolonisation, unanimously recognised as the right to be free from colonial rule. However, once it became apparent that demands for self-determination were no longer limited to the colonial context, the question turned to the much more complex issue of ascertaining the scope and limits of the principle of self-determination in a postcolonial world (Christakis: 1999; Roepstorff 2012; Fabry 2015).…”

Section: The Right To Self-determination and The Politics Of Norms Comentioning

confidence: 99%

Beyond self-determination: norms contestation, constituent diplomacies and the co-production of sovereignty

Cornago

2017

Glob. Con.

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Abstract:The idea of a perfect national political community, entirely confined within the contours of a corresponding state, is one of the foundational fictions of global modernity. Its formal crystallisation in the legal grammars of the right to self-determination has been however, particularly in the post-colonial era, highly problematic and full of ambiguities. Drawing on this background, this article contends that diplomacy offers frequently a more promising venue for dealing with the challenge of political pluralism than appealing to either the unstable grammars of the right to self-determination or a reified understanding of the principle of territorial integrity of states. In so doing, firstly, the right to self-determination is critically examined. Instead of attempting to articulate its formal content, the malleability of its legal grammars and political realities, will be emphasised. Secondly, based on the discussion of a variety of historical cases, the notion of ‘constituent diplomacies’ will be advanced, aiming to show how the agonistic accommodation of political and territorial pluralism through diplomacy was crucial not only in the formative processes of modern sovereign states but also nowadays. Finally, this relational understanding of the historical forms of governance of political pluralism within and beyond state boundaries will be re-examined, beyond its ethno-political dimensions, through the prism of the complex interplay between the material and ideational conditions for the co-production of sovereignty in the context of new global capitalism.

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Section: The Right To Self-determination and The Politics Of Norms Comentioning

confidence: 99%

Beyond self-determination: norms contestation, constituent diplomacies and the co-production of sovereignty

Cornago

2017

Glob. Con.

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Self-Determination and Secession: An Act of Collective Emancipation

Laoutides

2023

International Political Theory

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Diversity and Self-Determination in International Law

Knop

2002

174

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The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.

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An Essay in the History of the Principle of Self-Determination

Cited by 16 publications

References 3 publications

Beyond self-determination: norms contestation, constituent diplomacies and the co-production of sovereignty

Beyond self-determination: norms contestation, constituent diplomacies and the co-production of sovereignty

Self-Determination and Secession: An Act of Collective Emancipation

Diversity and Self-Determination in International Law

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