National Minority Rights in Europe
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Product details:
- Publisher OUP Oxford
- Date of Publication 9 June 2005
- ISBN 9780199274437
- Binding Hardback
- No. of pages376 pages
- Size 241x163x26 mm
- Weight 697 g
- Language English 0
Categories
Short description:
Separatism is a highly topical and controversial legal and political issue. The conflicts in the Balkans of the 1990s have revived the unresolved issue of national minority self-determination in international law and also, in European politics, the issues of how to deal with sub-state nationalisms and group recognition, and how to enable the political inclusion of national minorities. This book reviews the impact of the discourse of national minority rights on the European inter-governmental approach to national minority accommodation after 1989, and proposes an alternative framework for national minority accommodation based upon multiple loyalties, critical citizenship, and discursive justice.
MoreLong description:
Separatism is a highly topical and controversial legal and political issue. The conflicts in the Balkans of the 1990s have revived the unresolved issue of national minority self-determination in international law and also, in European politics, the issues of how to deal with sub-state nationalisms and group recognition, and how to enable the political inclusion of national minorities.
National Minority Rights reviews the European inter-governmental approach in international law and politics through analysis of issues related to the moral recognition and ethical acceptance of national minorities. Examining issues of sub-state nationalisms, group recognition, identity, and political participation, Malloy reveals assumptions in international law and politics about state sovereignty, collective rights, loyalty, and political inclusion. Employing both theoretical analysis and practical examples, Malloy provides a new framework for the accommodation of national minorities in Europe, which aims to address the problems that have emerged from both international law and European relations since 1989.
Part I examines the emerging national minority rights scheme since 1989 and explores concepts of the nature and scope of national minority rights. Malloy suggests that these rights have perhaps been mis-categorized and under-explored. Part II examines the discourse in the light of contemporary political theory on nationalism and multiculturalism, and the politics of identity, difference, and recognition as well as discursive approaches to democracy. Based upon these analyses, she develops an alternative framework for national minority accommodation based upon multiple loyalties, critical citizenship, and discursive justice. This alternative model overcomes the dichotomies of individualism-collectivism and universalism-particularism, contending that minority rights should be seen as collective political autonomy rights rather than as individual cultural human rights. Using this model, Part III examines the assumptions underlying the politics of democratization, taking as examples the work of the Council of Europe and the politics of European Union integration. Malloy questions the ability of the national minority rights discourse to inform international law in its efforts to protect national minorities in an ethical manner. Instead, she contends that the complex processes of constitutionalism in the realm of European integration might provide a better way to accommodate national minorities.
a well written and well researched addition to the discussion of minority rights in Europe.
Table of Contents:
Preface
List of Abbreviations
Introduction
Part I Problematization: Individualism and Collectivism
Overview: national minority, or co-nation?
Co-nation rights after 1989: cultural, or political rights?
Co-nation rights and the concept of "collective rights": human rights, or institutional rights?
PART II In Theory: Universalism and Particularism
Liberalism and nationalism: the problem of co-nation inclusion in national self-determination
Liberalism and the constitutive community: recognition and individual practical reasoning in self-determination
Liberal democracy and the discursive approach: ethics, virtues and cosmopolitan consideration
PART III In Practice: Emancipation and Empowerment
The Council of Europe and the legal discourse: the problem of de jure state sovereignty
The Council of Europe and the possibilities of de facto state sovereignty
Conclusions: democratization as accommodation
Appendix
International documents
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