: Anna Moltchanova
: National Self-Determination and Justice in Multinational States
: Springer-Verlag
: 9789048126910
: 1
: CHF 85.40
:
: Sonstiges
: English
: 207
: Wasserzeichen
: PC/MAC/eReader/Tablet
: PDF

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



Contents5
Introduction8
Notes17
1 Multinational States and Moral Theories of International Legal Doctrine19
Current International Norms19
Moral Theories of International Legal Doctrine Concerning Self-Determination22
Individual Rights-Based Theories23
Group-Based Liberal Approaches29
Self-Determination, Territory, and the Continuity of Entitlement33
Notes39
2 Collective Agents and Group Moral Rights43
Group Rights and Harts Condition44
Interest, Will, and Group Agency46
Hart's Condition50
The Freedom of Collective Agents52
Collective Moral Rights and the Constitution of Group Agents: Primary Versus Derivative Group Rights 54
The Distinction Between Holders of Individual and Group Rights55
Identifying the Holders of Primary Versus Derivative Group Rights58
Self-Determination61
Linguistic Rights65
Other Minority Rights67
The Ontological Status of Group Agents70
Practical Issues Associated with Primary Group Moral Rights72
Self-Determination as a Moral Right and Its Benefits78
Self-Determination as Beneficial to Group Agents of the Required Kind82
Notes84
3 A Definition of Nationhood89
A General Methodological Approach to Defining Nationhood90
The Two Criteria91
Some Definitions94
The Nation-State Approach94
David Miller's Definition96
Subjective Definitions97
A New Definition of Nationhood98
Why Political Culture and Not Culture?103
The Expression of Potential Political Cultures108
Why Self-Identification is Not Enough to Define a Nation111
Nationhood and Self-Determination113
Notes115
4 Potential Political Cultures121
Political Culture: Overview of the Continuum122
Potential Political Cultures125
Three Problems127
Entitlements of Substate Groups128
Distinguishing Between Vacuous and Potential Cultures133
True Beliefs that Individuals May Have Reasons to Endorse---The Hypothesis135
Other Types of True Propositions136
The Web of Beliefs and the Motivation to Act138
Democracy and Nationhood140
Implications and Advantages of the Nations Approach143
Notes145
5 The Modified Right to Self-Determination148
National Groups Entitlement to Self-Determination149
Moral Arguments150
Choices Regarding Which Minority Rights to Protect150
Equal Citizenship in Multinational States153
The Rawlsian Argument154
Pragmatic Arguments155
The Modified Right to Self-Determination157
The Formulation of the Right158
Territorial Integrity162
Answering Objections165
Notes169
6 The Implications of the Modified Right to Self-Determination172
The Nations Approach172
Multinational Federations and the Nations Approach177
Equality of Self-Determination in Multinational States177
Challenges to Multinational Federalism179
The Charge of Inconsistency179
The Nations Approach and Dynamic Group Identities181
Groups that Are Not Concentrated in One Territory182
Benefits of Substate Self-Determination184
Dividing the Territory of a Multinational State185
Mixed Federations191
A Teleological Justification of the Nations Approach191
Asymmetrical Warfare192
Pragmatic Norms and Self-Interest197
The Former USSR Republics as a Real-World Example200
The Implementation of the Nations Approach201
The Enforcement of the Nations Approach201
The Acceptance of the Nations Approach203
Judgments by International Agencies Concerning Transitional Societies206
Empirical Considerations207
Notes209
Conclusion213
Bibliography215
Index221