Diversity and Self-Determination in International Law
Cambridge University Press, Apr 18, 2002 - 434 pages
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.
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Advisory Opinion Africa Agenda Item Annex approach Arbitration Commission Arbitration Commission’s argued Article Bosnia-Herzegovina Cameroons Canada Cassese chapter colonial concept Convention Crawford cultural decolonization Democratic determination discussion draft declaration droit Dubai/Sharjah East Timor ethnic European Franck Group on Indigenous Hague Hannum Higgins Human Rights Ibid ICJ Reports identity independence Indian indigenous Indigenous and Tribal International Court International Covenant International Labour Conference International Labour Office International Labour Organization international law international legal interpretation of self-determination Journal of International Judge League of Nations Mauritania minority rights Mohammed Bedjaoui Morocco Nationalit´e non-self-governing territories normative paragraph participation Petition plebiscites principle of self-determination Quebec right of self-determination Rights of Indigenous rules Sandra Lovelace Schachter secession self-determination in international Sess Session sovereignty Status of Women TCOR terra nullius tion Treaty tribes trust territories Trusteeship Council United Nations University Press vote Wambaugh Western Sahara women’s equality women’s suffrage World Yugoslavia