Peoples and international law : how nationalism and self-determination shape a contemporary law of nations / by James Summers.

Format:

Book

Author/Creator:

Summers, James, 1974-

Series:

The Erik Castrén Institute Monographs on International Law and Human Rights 17.

Erik Castrén Institute monographs on international law and human rights ; v. 8

Nijhoff eBook titles 2007

Language:

English

Subjects (All):

International law.

Nationalism.

Nationalities, Principle of.

Self-determination, National.

Physical Description:

1 online resource (512 p.)

Edition:

1st ed.

Place of Publication:

Boston : Martinus Nijhoff Publishers, 2007.

Language Note:

English

Summary:

Peoples and International Law is the most comprehensive current account of the right of self-determination in international law. The book examines the law of self-determination as the product of the interaction between nationalism and international law. This broad and interdisciplinary work charts this interaction through different aspects of the legal process - in international instruments, judicial decisions, legal obligations and historical context - critically and in extensive detail. The book is essential reading for those with an interest both in peoples' rights in international law and

Contents:

List of Abbreviations; Table of Cases; Table of Treaties; Introduction; Chapter 1 nationalism and the Right of Self-Determination; Introduction; 1. A Few Basic Terms: ""People"", ""Nation"", ""Population"", ""Minority"", ""Indigenous People"" and ""Country""; a. ""People""; b. ""Nation""; c. ""Population""; d. ""Minority""; e. ""Indigenous People""; f. ""Country""; 2. Nationalism; a. The Basic Doctrine; b. The Idea of the People and the Nationalist Argument; c. Nationalism and International Law: Two Standards of Legitimacy; 3. National Self-Determination; a. Rhetoric and Application

b. Self-Determination as a Processc. Towards Freedom; d. The Will of the People; e. Self-Determination and International Law; 4. National Ties and Legal Principles; a. Subjective Ties (Identity); b. Politics and Government; c. Language; d. Religion; e. Race and Descent; f. Territory and Geography; g. History; Concluding Remarks; Chapter 2 The Historical Development of Self-Determination; Outline; 1. The Foundations for National Self-Determination; 2. The Nation-State and Internal and External Sovereignty; 3. Government with the Consent of the Governed

4. Liberalism, National Patriotism and the Law of Nations5. The French Revolution; a. The Revolution; b. Edmund Burke's Reflections on the Revolution; 6. The Nationality Principle; a. The Congress of Vienna 1815; b. Liberal Nationalism; c. Application of the Nationality Principle; 7. The End of the First World War; a. From Nationality to National ""Self-Determination""; b. Self-Determination at the Conference; Concluding Remarks; Chapter 3 Self-Determination and International Instruments; Outline; 1. The United Nations Charter 1945; a. The Atlantic Charter; b. We the Peoples ...

c. The Balance in the Charterd. The Trust and Non-Self-Governing Systems; 2. The Human Rights Covenants 1966; a. The Drafting of the Covenants; b. The Two Human Rights Committees; c. The Balance in the Covenants; i. Colonial Peoples; ii. The Peoples of States; iii. Peoples under Foreign or Alien Domination; iv. Minorities; d. Self-Determination; i. Immediate or Progressive?; ii. Economic Self-determination; iii. Democratic Government, and Internal and External Self-Determination; 3. The Colonial Independence Declaration 1960; a. Drafting

b. The Balance in the Colonial Independence Declarationc. Self-Determination; 4. General Assembly Resolution 1541(XV) 1960; a. Drafting; b. The Non-Self-Governing Territory; c. Self-Government; 5. The Friendly Relations Declaration 1970; a. Drafting; b. The Balance in the Friendly Relations Declaration; i. An Improved Balance?; ii. Peoples; c. Self-Determination; i. Immediate or Progressive; ii. The Use of Force; 6. The Helsinki Final Act 1975 and Paris Charter 1990; a. Background; b. The Balance in the Final Act; c. The Paris Charter 1990

7. Declaration on the Rights of Indigenous Peoples 2006

Notes:

Description based upon print version of record.

Includes bibliographical references (p. [405]-443) and index.

Description based on publisher supplied metadata and other sources.

ISBN:

1-281-91740-0

9786611917401

90-474-2137-X

OCLC:

323160808

Publisher Number:

10.1163/ej.9789004154919.i-468 DOI