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Classifies group rights based on the constitution of group agents
Provides a normative defense of minority nationalism
Offers a modified version of the right to national self-determination
Deals with national self-determination in transitional societies
This new book by Anna Moltchanova addresses the most fundamental questions of law, justice, and political legitimacy. Moltchanova proposes a moral standpoint from which to evaluate the actions of governments and individuals in the international arena, by measuring the values of national self-determination against the standards of universal human rights. Moltchanova's work is perceptive, provocative, and inspiring. Her focus on sub-state nationalism is particularly timely, as are her examples from the Russian Federation and the former Soviet Union. This is an interesting and thought-provoking book. Mortimer Sellers, Regents Professor, Center for International and Comparative Law, University of Baltimore
Despite efforts by most governments to limit the generally proclaimed right of national self-determination to the rare proto-colonial case like that of the Palestinians, minorities in many places continue to imagine themselves as nations and aspire to determine their political fate. Reconciling that aspiration with the reality of an international system still organized into sovereign states dedicated to the preservation of their legacy borders is a challenge to political theorists no less than to governments. Anna Moltchanova enters the fray by imagining a new way of thinking about the political relations of peoples within multinational states. She does so in a way that adds yeast to old debates about the moral basis of political authority even in democratic states that are generally respectful of human rights. Tom Farer, Dean, Josef Korbel School of International Studies, University of Denver
Content Level »Research
Keywords »Minorities - Moral - global justice - group rights - human rights - international law - justice - national self-determination - nationhood - political philosophy - transitional societies
1. Multinational states and moral theories of international legal doctrine. 1.1 Current International Norms. 1.2 Moral Theories of International Legal Doctrine Concerning Self-Determination. 1.3 Self-Determination, Territory, and the Continuity of Entitlement.
2. Collective agents and group moral rights. 2.1 Group Rights and Hart’s Condition. 2.2 Collective Moral Rights and the Constitution of Group Agents: Primary Versus Derivative Group Rights. 2.3 The ontological status of group agents. 2.4 Practical Issues Associated with Primary Group Moral Rights. 2.5 Self-Determination as a Moral Right and Its Benefits.
3. A definition of nationhood. 3.1 A General Methodological Approach to Defining Nationhood. 3.2 Some Definitions. 3.3 A New Definition of Nationhood. 3.4 Nationhood and Self-Determination.
4. Potential political cultures. 4.1 Political Culture: Overview of the Continuum. 4.2 Three Problems. 4.3 Implications and Advantages of the Nations Approach.
5. The modified right to self-determination. 5.1 National Groups’ Entitlement to Self-Determination. 5.2 The Modified Right to Self-Determination.
6. The implications of the modified right to self-determination. 6.1 The Nations Approach. 6.2 Multinational Federations and the Nations Approach. 6.3 A Teleological Justification of the Nations Approach. 6.4 The implementation of the nations approach. 6.5 Empirical Considerations.