Cover image for Self-Determination of Peoples and Plural-ethnic States in Contemporary International Law : Failed States, Nation-building and the Alternative, Federal Option.
Self-Determination of Peoples and Plural-ethnic States in Contemporary International Law : Failed States, Nation-building and the Alternative, Federal Option.
Title:
Self-Determination of Peoples and Plural-ethnic States in Contemporary International Law : Failed States, Nation-building and the Alternative, Federal Option.
Author:
McWhinney, Edward.
ISBN:
9789047423478
Personal Author:
Edition:
1st ed.
Physical Description:
1 online resource (148 pages)
Contents:
Preface: The National and International Faces of Federalism -- Chapter I: Self-determination of Peoples as United Nations Principle. Historical Roots and Contemporary International Law/Municipal (Constitutional) Law Antinomies -- A. Historical Origins of the Self-determination Principle -- B. Self-determination as International Law and Municipal (Constitutional) Law principle -- Chapter II: Emergence of States in Classical International Law -- A. The doctrine of Recognition in its Declaratory and Constitutive Variants. Declaratory and Constitutive Theories of Recognition -- B. British practice: Russian Revolution Cases -- C. British practice: the Ethiopian War and Spanish Civil War cases -- D. Post-World War II: Yalta, Potsdam and the Cold War -- E. Post-decolonization Succession States -- F. Latin American practice: The Estrada Doctrine -- G. British practice: The Declaratory Policy of Recognition -- H. The Balkans. Dilemmas and Contradictions in Contemporary State Policies on Recognition -- I. European Community Guidelines on Recognition. (1991) -- J. Opinions of the Badinter Commission (1991-1992) -- Chapter III: The United Nations Charter and Admission of States, and also their Exclusion -- A. Admission to functionally-based or regionally-based International Organizations -- Chapter IV: The United Nations Charter Principle of Territorial Integrity of States. The Uti Possidetis Doctrine as Element in State Succession -- A. The uti possidetis doctrine -- Chapter V: Federalism and Constitutional Pluralism as Self-Determination options for Plural-ethnic States. The Different Faces of Federalism in Comparative Constitutional Law -- A. Self-determination and Self-government for Indigenous. Aboriginal peoples -- B. Classical, Anglo-Saxon Federalism and the Deux Nations (Compact) Theory of Federalism.

C. Dilemmas and Contradictions within Classical. Juridical Federalism -- D. Federalism and the New Pluralism: Re-defining the Constitutional Game and the Players -- E. Pragmatic Accommodations: The Trial-and-error of Classical Federalism -- F. New Thinking on Federalism: New Plural-constitutional Options -- G. United Nations Initiatives for Federal Solutions for the Former Yugoslavia -- Chapter VI: Law and Politics and the Dialectical Unfolding of the Self-Determination Principle -- A. The role of the Legal Advisor -- B. Résumé: New Thinking on Recognition and State Succession -- Chapter VII: Excursus. Failed States: The Trial-and-error of Contemporary Exercises in Constitution-making and Nation-building -- A. Yugoslavia: political implosion of uni-national, multi-cultural state -- B. Palestine: Self-determination and State Succession dilemmas for the former British Mandated territory -- C. Iraq: Dance of the Green Table: The legacy of Sykes and Picot -- D. "Quebecois" as "Nation" within Canada -- 1. Need for prior representative (multilateral) international consensus -- 2. Importance of Timing to success or failure -- 3. Local political-legal élite: incorporation into government for defeated countries -- 4. "Reception" of foreign constitutional-governmental institutions and processes: limits and possibilities -- 5. Constitution-making and Nation-building: opportunities and pitfalls -- Note on the Author -- Author's Publications -- Index.
Abstract:
In analysing the contemporary International Law principles as to Self-determination of Peoples, Dr. Edward McWhinney gives a special attention to the crisis of multinational states. A special concluding chapter draws on the empirical record of the historical, often trial-and-error experience of the Succession states to the Versailles treaties settlements and to the assorted acts of Decolonisation of the former European Imperial, Colonial powers.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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