Abstract
(Review Article)
The contradiction between the principles of state sovereignty and national selfdetermination has been a constant theme in international law. Here we see several approaches to this theme. First, we engage with the underlying questions of self-determination in the context of state–minority relations. Second, we address the relationship between international law and minority rights. In particular, the essay reviews the changing nature of self-determination as we move away from the post-colonial period. Finally, we review the relationship between selfdetermination and state sovereignty. This relationship between the two principles is further complicated since self-determination both leads to and violates state sovereignty. The essay finds that often the role of international law is over-estimated in its consideration of legal enforcement. Specifically, the essay concludes that we must maintain a firm grasp on the international ‘politics’ of self-determination in order to truly understand the changing nature of the international system and its impact on minority rights.
The contradiction between the principles of state sovereignty and national selfdetermination has been a constant theme in international law. Here we see several approaches to this theme. First, we engage with the underlying questions of self-determination in the context of state–minority relations. Second, we address the relationship between international law and minority rights. In particular, the essay reviews the changing nature of self-determination as we move away from the post-colonial period. Finally, we review the relationship between selfdetermination and state sovereignty. This relationship between the two principles is further complicated since self-determination both leads to and violates state sovereignty. The essay finds that often the role of international law is over-estimated in its consideration of legal enforcement. Specifically, the essay concludes that we must maintain a firm grasp on the international ‘politics’ of self-determination in order to truly understand the changing nature of the international system and its impact on minority rights.
Original language | English |
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Pages (from-to) | 539-550 |
Number of pages | 12 |
Journal | International Journal of Human Rights |
Volume | 9 |
Issue number | 4 |
DOIs | |
Publication status | Published - Dec 2005 |