Self-Determination, Human Rights, and the Nation-State

Pentassuglia, Gaetano
(2017) Self-Determination, Human Rights, and the Nation-State. International Community Law Review, 19 (4-5). 443 - 484.

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<jats:title>Abstract</jats:title> <jats:p>In this article I examine selective dimensions of the nexus among the right to self-determination, human rights, and the ‘nation-state’ as they relate to claims made by certain ethno-cultural minority groups. I first discuss some conceptual extensions of ‘national’ claims and their underlying relation to international law and state sovereignty. Then, I critique elements of ‘national’ self-determination that are supposedly constitutive of the law of self-determination, including arguments about sub-national groups as ‘peoples’, and discuss some alternative approaches to the role of international law vis-à-vis this sort of claims. Finally, I argue that international human rights law can offer a synthesis of the above nexus insofar as it works, not so much as a platform for accepting or rejecting seemingly ‘absolute’ rights or solely enabling legal-institutional ad hocism, but rather as a general process-based framework for assessing group- related pathologies that are (directly or indirectly) of international law’s own making.</jats:p>

Item Type: Article
Depositing User: Symplectic Admin
Date Deposited: 21 Feb 2018 11:39
Last Modified: 08 May 2020 22:06
DOI: 10.1163/18719732-12340007