Tools
Tools
Pentassuglia, G (2017) Self-Determination, Human Rights, and the Nation-State: Revisiting Group Claims through a Complex Nexus in International Law. International Community Law Review, 2017/1. ISSN 1388-9036
|
Text
Self-Determination, Human Rights, and the Nation-State Revisiting Group Claims through a Complex Nexus in International Law.pdf - Accepted Version Download (709kB) | Preview |
Abstract
In this article I examine selective dimensions of the nexus among the right to self-determination, human rights, and the ‘nation-state’ as they relate to claims made by certain ethno-cultural minority groups. I first discuss some conceptual extensions of ‘national’ claims and their underlying relation to international law and state sovereignty. Then, I critique elements of ‘national’ self-determination that are supposedly constitutive of the law of self-determination, including arguments about sub-national groups as ‘peoples’, and discuss some alternative approaches to the role of international law vis-à-vis this sort of claims. Finally, I argue that international human rights law can offer a synthesis of the above nexus insofar as it works, not so much as a platform for accepting or rejecting seemingly ‘absolute’ rights or solely enabling legal-institutional ad hocism, but rather as a general process-based framework for assessing group-related pathologies that are (directly or indirectly) of international law’s own making.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | 1801 Law |
| Subjects: | K Law > K Law (General) |
| Divisions: | Law |
| Publisher: | Brill Academic Publishers |
| Date Deposited: | 25 Feb 2022 13:01 |
| Last Modified: | 25 Feb 2022 13:15 |
| DOI or ID number: | 10.1163/18719732-12340007 |
| URI: | https://researchonline.ljmu.ac.uk/id/eprint/16331 |
 |
View Item |