National Self Determination And Justice In Multinational States

Author: Anna Moltchanova
Publisher: Springer Science & Business Media
ISBN: 9789048126910
Size: 48.50 MB
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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

Sovereignty Conflicts And International Law And Politics

Author: Jorge E. Núñez
Publisher: Routledge
ISBN: 1351794787
Size: 59.81 MB
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Many conflicts throughout the world can be characterized as sovereignty conflicts in which two states claim exclusive sovereign rights for different reasons over the same piece of land. It is increasingly clear that the available remedies have been less than successful in many of these cases, and that a peaceful and definitive solution is needed. This book proposes a fair and just way of dealing with certain sovereignty conflicts. Drawing on the work of John Rawls in A Theory of Justice, this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Núñez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realize shared sovereignty, and how it might be applied to territory, population, government, and law.

The Ashgate Research Companion To Ethics And International Relations

Author: Patrick Hayden
Publisher: Routledge
ISBN: 1317043537
Size: 29.29 MB
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While skepticism about the role of moral considerations in international politics has been influential within the discipline of international relations (IR), those writing on topics such as war, peace, rights and trade up until the twentieth century took seriously the importance of ethical values and moral debates. The 1990s and 2000s have seen a substantial growth of attention to the ways in which IR conceives and analyzes themes of an ethical nature, and how issues, problems and policies involving ethics are addressed by a variety of actors within the international system. This indispensable research companion widens the perspective from 'ethics and international relations' to 'ethics in international relations', redressing the (mis)perception that ethical concepts, principles, norms and rules are not in part constitutive of the international system and the agents acting within that system. Necessarily cross-disciplinary, expertise is drawn from IR and also philosophy, political theory, religious studies, history and law, making this an ideal volume for any library reference collection.

The Pursuit Of International Criminal Justice

Author: M. Cherif Bassiouni
Publisher:
ISBN:
Size: 59.99 MB
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This publication contains a survey of world conflicts that occurred between 1945 and 2008, the level of victimization they produced, and the subsequent post-conflict justice (PCJ) mechanisms which were applied. It shows the scope of the problem faced by international criminal justice (ICJ), and how the International Criminal Court (ICC) needs to shape its mission and approach to address ICJ needs and expectations. ICJ is no longer the utopian topic of only 40 years ago. After World War II, the Nuremberg and Tokyo trials were aimed at major offenders in leadership positions. Their prosecution and punishment, it was assumed, would have far reaching, deterring, and educational effects. Since 1948, however, some 310 conflicts have taken place resulting in an estimated 92 to 101 million people killed. In addition, an inestimable number of persons have been injured or have suffered psychological and material harm. Yet, for the most, perpetrators have benefited with impunity and escaped accountability. How can contemporary ICJ address such a volume of core international crimes which have generated so much victimization and material harm? Are the post-World War II assumptions still valid? Can national justice systems assume the primary task of prosecutions? What will the mission of the ICC become, and how will it acquit itself of it? These are issues which are identified within the International Guidelines on Post-Conflict Justice prepared during this project (herein referred to as the Chicago Principles). They are a set of comprehensive guidelines for how governments, international institutions, and others should respond to serious violations of human rights, as well as to promote peace and reconciliation in the aftermath of conflict. They are also an indispensable strategy within which the ICC can best function. Can it then be assumed that the ICC is likely to achieve its mission in the years to come? This two volume set - which contains the proceedings of five regional conferences in Asia, Africa, the Arab World, Europe, and Central and South America, as well as a number of thematic studies dealing with post-conflict justice - should be most instructive to the ICC. These studies also assess various PCJ experiences as a means of determining the most appropriate policy responses in the context of a comprehensive strategy. M. Cherif Bassiouni, in April 2012, received the Wolfgang Friedmann Memorial Award which is given by the Columbia Journal of Transnational Law to a distinguished scholar or practitioner who has made outstanding contributions to the field of international law.

Theories Of Secession

Author: Percy B. Lehning
Publisher: Routledge
ISBN: 1134693672
Size: 79.54 MB
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Theories of Secession presents a systematic analysis of the recent rise of secessionist movements in global politics. Bringing together some of the most respected scholars in their field, this study locates the right to secede in the context of contemporary political theory. The chapters deal with problems of nationalism and federalism, special rights to secede, conditions of ethnic and cultural pluralism and asks if constitutions should include a right to secede.

Ethics In International Affairs

Author: Andrew Valls
Publisher: Rowman & Littlefield
ISBN: 9780847691579
Size: 57.77 MB
Format: PDF
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As the essays in this new collection make clear, the division between what is in the national interest and what can be morally justified is often questionable. One reason is that the citizens who vote for the governments that make and carry out policy are not indifferent to the moral justifiability or lack of it of those policies.