9780199274437

National Minority Rights In Europe

by
  • ISBN13:

    9780199274437

  • ISBN10:

    0199274436

  • Format: Hardcover
  • Copyright: 2005-08-11
  • Publisher: Oxford University Press

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Summary

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.

Author Biography


Tove H. Malloy is a Senior Research Associate with ECMI where she is Head of the EU Department. She is a permanent member of the Danish Foreign Service, from which she is currently on leave.

Table of Contents

Acknowledgements xi
Abbreviations xiii
Table of Treaties
xv
Table of Documents
xvi
Table of Travaux Preparatoires to the FCNM
xix
Table of Cases
xxi
Introduction 1(14)
I. PROBLEMATIZATION: INDIVIDUALISM AND COLLECTIVISM
Overview: National Minority, or Co-nation?
15(36)
Who are Europe's National Minorities?
18(6)
National Minorities and the Structure of International Law
24(11)
National minority rights prior to 1989
28(4)
National minorities and state nationalism
32(3)
National Minorities and Public Policy
35(3)
Ethical Terminology
38(2)
Models of Accommodation
40(4)
Citizenship
44(4)
Justice
48(3)
Co-nation Rights after 1989: Cultural, or Political Rights?
51(32)
Emergence of a Co-nation Rights Scheme in Europe after 1989?
53(24)
International treaties and conventions
54(6)
International custom
60(10)
General principles of law
70(5)
Judicial decisions
75(2)
The Writings of Publicists
77(4)
Conclusions
81(2)
Co-nation Rights and the Concept of `Collective Rights': Human Rights, or Institutional Rights?
83(32)
`Collective Rights' in Public International Human Rights Law
84(6)
Liberal Theory and the Problem of `Collective Rights'
90(4)
The Problem of Collective Interests and Collective Goods
94(3)
The Problem of Duties
97(5)
Co-nation Rights as Institutional Rights
102(3)
Innovative Conceptualization of Co-nation Rights in Europe
105(2)
The Philosophy of Co-nation Freedoms
107(3)
Conclusions
110(5)
II. IN THEORY: UNIVERSALISM AND PARTICULARISM
Liberalism and Nationalism: The Problem of Co-nation Inclusion in National Self-Determination
115(28)
What is State Nationalism?
118(8)
Terminology
126(2)
Liberal Pluralism
128(4)
National Identity
132(5)
Theorizing National Self-Determination
137(6)
Liberalism and the Constitutive Community: Recognition and Individual Practical Reasoning in Self-Determination
143(28)
The Constitutive Community and Moral Values
145(5)
Personal Identity and the Problem of Loyalty
150(3)
The `Politics of Recognition'
153(3)
The `Struggles for Recognition'
156(4)
The Kantian Self in Autonomy
160(6)
Justice as Undecidability
166(3)
Critical Citizenship
169(2)
Liberal Democracy and the Discursive Approach: Ethics, Virtues, and Cosmopolitan Consideration
171(44)
Models of Accommodation
173(11)
Federalism
175(3)
Consociationalism
178(6)
The Discursive Approach
184(7)
The Problem of Proceduralism in `Justice as Democracy'
191(6)
The Problem of Strategic Bargaining
197(2)
`The Return of the Political'
199(5)
The Problem of Virtues in Ethics
204(5)
Discursive Justice
209(6)
III. IN PRACTICE: PROTECTION, OR SELF-PROTECTION?
The Politics of Democratization: The Circular Problem of State Sovereignty
215(35)
The Inter-textual Situation of the FCNM
217(5)
Assumptions Behind the FCNM
222(11)
A definition
223(3)
Corporate rights
226(3)
A loyalty clause
229(2)
Political representation
231(2)
The Assumption of State Sovereignty
233(2)
The PA Approach: Insistent Rhetoric
235(4)
The AC Approach: Rebellion from Inside?
239(1)
The CLRAE Approach: Quiet Rebellion
240(7)
Conclusions: Democratizing Without the People
247(3)
The Politics of Integration: The Possibilities of de facto Co-nation Sovereignty
250(39)
Economic and Market Integration: Liberal Rights and Freedoms
252(7)
Transition to Political Integration: The Emergence of Diversity?
259(18)
Copenhagen and conditionality: Europeanization and dichotomy
266(2)
Amsterdam: toward complex constitutionalism
268(4)
Nice and the Charter: the emergence of co-nation protection
272(5)
Political Integration: Overcoming Dichotomy?
277(4)
The subsidiarity approach: building the `cobweb'
278(3)
Multi-layered Constitutionalism: de facto Co-nation Sovereignty
281(5)
Conclusions: Integration with Co-nation Empowerment?
286(3)
Towards a Critical Theory of Co-nation Rights: Forging Ethical Standing through Social Power
289(26)
Positioning the Discourse of Co-nation Rights
291(3)
Deconstructing the Notion of State Sovereignty
294(4)
Deconstructing the Notion of Self-Determination
298(6)
Co-nations in the Design of the New Europe
304(8)
Human rights as a self-discovery
307(1)
The social exchange of rights and duties
308(1)
The dilemma of co-nationalism within society
309(1)
The co-nation and the dilemma of the self and the other
310(1)
The co-nation and the dilemma of the one and the many
311(1)
The international legal order and the notion of state sovereignty
312(1)
Concluding Remarks: Protection, or Self-Protection?
312(3)
Bibliography 315(30)
Index 345

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