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This book examines the conceptual and political history of the right of self-determination of peoples.
In National Identities and the Right to Self-Determination of Peoples, Hilly Moodrick-Even Khen revisits the legal right to self-determination of peoples and suggests an integrative model for securing the cohesion of the various nationalities within multinational states. The model, set on both legal and political science theories, departs from civic nationalism but calls to strengthen it with more immediate and emotional means, such as shared national symbols and multicultural education. Moodrick-Even Khen explores the political history of Canada, Belgium, and Spain and touches upon other divided societies such as South Africa, Northern Ireland and Cyprus. Drawing upon these cases, she suggests a future model for a cohesive society in Israel, which is currently nationally divided between Arabs and Jews.
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Ernest Renan was one of the leading lights of the Parisian intellectual scene in the second half of the nineteenth century. A philologist, historian, and biblical scholar, he was a prominent voice of French liberalism and secularism. Today most familiar in the English-speaking world for his 1882 lecture “What Is a Nation?” and its definition of a nation as an “everyday plebiscite,” Renan was a major figure in the debates surrounding the Franco-Prussian War, the Paris Commune, and the birth of the Third Republic and had a profound influence on thinkers across the political spectrum who grappled with the problem of authority and social organization in the new world wrought by the forces of modernization. What Is a Nation? and Other Political Writings is the first English-language anthology of Renan’s political thought. Offering a broad selection of Renan’s writings from several periods of his public life, most previously untranslated, it restores Renan to his place as one of France’s major liberal thinkers and gives vital critical context to his views on nationalism. The anthology illuminates the characteristics that distinguished nineteenth-century French liberalism from its English and American counterparts as well as the more controversial parts of Renan’s legacy, including his analysis of colonial expansion, his views on Islam and Judaism, and the role of race in his thought. The volume contains a critical introduction to Renan’s life and work as well as detailed annotations that assist in recovering the wealth and complexity of his thought.
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.
This book maps various national legal responses to gender mobility, including sex and name registration, access to gender modification interventions, and anti-discrimination protection (or lack thereof) and regulations. The importance of the underlying legislation and history is underlined in order to understand the law’s functions concerning discrimination, exclusion, and violence, as well as the problematic nature of introducing biology into the regulation of human relations, and using it to justify pain and suffering. The respective chapters also highlight how various governmental authorities, as well as civil society, have been integral in fostering or impeding the welfare of trans persons, from judges and legislators, to medical commissions and law students. A collective effort of scholars scattered around the globe, this book recognizes the international trend toward self-determination in sex classification and a generous guarantee of rights for individuals expressing diverse gender identities. The book advocates the dissemination of a model for the protection of rights that not only focuses on formal equality, but also addresses the administrative obstacles that trans persons face in their daily lives. In addition, it underscores the importance of courts in either advancing or obstructing the realization of individual rights.
The definitive study of the doctrine of self-determination of peoples.
A global history of human rights in a world of nations that grant rights to some while denying them to others Once dominated by vast empires, the world is now divided into some 200 independent countries that proclaim human rights—a transformation that suggests that nations and human rights inevitably develop together. But the reality is far more problematic, as Eric Weitz shows in this compelling global history of the fate of human rights in a world of nation-states. Through vivid histories from virtually every continent, A World Divided describes how, since the eighteenth century, nationalists have established states that grant human rights to some people while excluding others, setting the stage for many of today’s problems, from the refugee crisis to right-wing nationalism. Only the advance of international human rights will move us beyond a world divided between those who have rights and those who don't.