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Ownership, Authority, and Self-Determination

Ownership, Authority, and Self-Determination
Author: Burke A. Hendrix
Publisher: Penn State Press
Total Pages: 231
Release: 2010-11-01
Genre: Political Science
ISBN: 0271047666

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A History of the Self-Determination of Peoples

A History of the Self-Determination of Peoples
Author: Jörg Fisch
Publisher: Cambridge University Press
Total Pages: 351
Release: 2015-12-09
Genre: History
ISBN: 1107037964

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This book examines the conceptual and political history of the right of self-determination of peoples.


International Law and Self-Determination

International Law and Self-Determination
Author: Joshua Castellino
Publisher: BRILL
Total Pages: 310
Release: 2021-07-26
Genre: Law
ISBN: 9004480897

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The principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. `Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, `self-determination' has come to mean different things in different contexts. Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state. These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where `self-determination' was achieved. The second, examines the situation in the Western Sahara where `self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of `national identity' and the `self' in settings far removed from post-Westphalian Europe.


Self-Determination

Self-Determination
Author: Terry Lee Anderson
Publisher: Stanford University Press
Total Pages: 362
Release: 2006
Genre: Business & Economics
ISBN: 9780804754415

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This book compares and contrasts historical and contemporary Canadian and U.S. Native American policy. The contributors include economists, political scientists, and lawyers, who, despite analyzing a number of different groups in several eras, consistently take a political economy approach to the issues. Using this framework, the authors examine the evolution of property rights, from wildlife in pre-Columbian times and the potential for using property rights to resolve contemporary fish and wildlife issues, to the importance of customs and culture to resource use decisions; the competition from states for Native American casino revenues; and the impact of sovereignty on economic development. In each case, the chapters present new data and new ways of thinking about old evidence. In addition to providing a framework for analysis and new data, this book suggests how Native American and First Nation policy might be reformed toward the end of sustainable economic development, cultural integrity, and self-determination. For these reasons, the book should be of interest to scholars, policy analysts, and students of Native American law, economics, and resource use, as well as those interested in the history of Native Americans and Canada’s First Nations.


The Theory of Self-Determination

The Theory of Self-Determination
Author: Fernando R. Tesón
Publisher: Cambridge University Press
Total Pages: 259
Release: 2016-04-06
Genre: Law
ISBN: 1107119138

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In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.


Self-Determination of Peoples

Self-Determination of Peoples
Author: Antonio Cassese
Publisher: Cambridge University Press
Total Pages: 398
Release: 1995
Genre: Law
ISBN: 9780521637527

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The definitive study of the doctrine of self-determination of peoples.


Sovereignty in the Exercise of the Right to Self-Determination

Sovereignty in the Exercise of the Right to Self-Determination
Author: Jane A. Hofbauer
Publisher: BRILL
Total Pages: 379
Release: 2016-09-12
Genre: Law
ISBN: 900432870X

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Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.


Diversity and Self-Determination in International Law

Diversity and Self-Determination in International Law
Author: Karen Knop
Publisher: Cambridge University Press
Total Pages: 460
Release: 2002-04-18
Genre: Political Science
ISBN: 1139431927

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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.


Violence, Identity, and Self-Determination

Violence, Identity, and Self-Determination
Author: Hent de Vries
Publisher: Stanford University Press
Total Pages: 420
Release: 1997
Genre: Family & Relationships
ISBN: 9780804729963

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With the collapse of the bipolar system of global rivalry that dominated world politics after the Second World War, and in an age that is seeing the return of “ethnic cleansing” and “identity politics,” the question of violence, in all of its multiple ramifications, imposes itself with renewed urgency. Rather than concentrating on the socioeconomic or political backgrounds of these historical changes, the contributors to this volume rethink the concept of violence, both in itself and in relation to the formation and transformation of identities, whether individual or collective, political or cultural, religious or secular. In particular, they subject the notion of self-determination to stringent scrutiny: is it to be understood as a value that excludes violence, in principle if not always in practice? Or is its relation to violence more complex and, perhaps, more sinister? Reconsideration of the concepts, the practice, and even the critique of violence requires an exploration of the implications and limitations of the more familiar interpretations of the terms that have dominated in the history of Western thought. To this end, the nineteen contributors address the concept of violence from a variety of perspectives in relation to different forms of cultural representation, and not in Western culture alone; in literature and the arts, as well as in society and politics; in philosophical discourse, psychoanalytic theory, and so-called juridical ideology, as well as in colonial and post-colonial practices and power relations. The contributors are Giorgio Agamben, Ali Behdad, Cathy Caruth, Jacques Derrida, Michael Dillon, Peter Fenves, Stathis Gourgouris, Werner Hamacher, Beatrice Hanssen, Anselm Haverkamp, Marian Hobson, Peggy Kamuf, M. B. Pranger, Susan M. Shell, Peter van der Veer, Hent de Vries, Cornelia Vismann, and Samuel Weber.