The Theory of Self-Determination

by Fernando R. Tesón (Editor)

Overview

When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as: when does a group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations.

Product Details

ISBN-13:	9781107545151
Publisher:	Cambridge University Press
Publication date:	05/11/2017
Series:	ASIL Studies in International Legal Theory
Pages:	256
Product dimensions:	5.98(w) x 9.06(h) x 0.63(d)

About the Author

Fernando R. Tesón is the Tobias Simon Eminent Scholar and a Professor of Law at the Florida State University College of Law. A renowned scholar of political philosophy and international law, he is the author of Justice at a Distance: Extending Global Freedom (with Loren Lomasky, Cambridge, 2015) and Humanitarian Intervention: An Inquiry into Law and Morality, 3rd edition (2005), among many others. A native of Argentina, he is a founding member of the blog Bleeding Heart Libertarians (bleedingheartlibertarians.com).

Table of Contents

Introduction: the conundrum of self-determination Fernando R. Tesón; 1. Self-determination and moral variation Bas van der Vossen; 2. The case for national self-determination Christopher W. Morris; 3. The right to self-determination: earned, not inherent Frédéric Mégret; 4. The right to exist and the right to resist Jens David Ohlin; 5. Self-determination in three movements Patrick Macklem; 6. Self-determination for national minorities Alan Patten; 7. Self-determination, dissent, and the problem of population transfers Matthew Lister; 8. Civil disobedience, dirty hands, and secession Michael Blake; 9. 'Mars for the martians?' On the obsolescence of self-determination John R. Morss; 10. The evolution of self-determination of peoples in international law Elizabeth Rodríguez-Santiago.

Editorial Reviews

'This volume is a welcome contribution to the debate about self-determination that will be of interest to many readers, especially political theorists working on nationalism, global justice, and state authority, as well as international lawyers interested in secession. By placing philosophers and lawyers in dialogue, it enhances our understanding of the normative issues surrounding this topic, and it achieves a distinctively interdisciplinary tone.' Anna Stilz, Ethics & International Affairs

From the Publisher