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Peoples and International Law: How Nationalism and Self-Determination Shape a Contemporary Law of Nations

James Summers

ISBN13: 9789004154919

New Edition ISBN: 9789004232945

Published: July 2007

Publisher: Brill Nijhoff

Country of Publication: The Netherlands

Format: Hardback

Price: Out of print

Peoples and International Law is the most comprehensive current account of the right of self-determination in international law. The book examines the law of self-determination as the product of the interaction between nationalism and international law. This broad and interdisciplinary work charts this interaction through different aspects of the legal process – in international instruments, judicial decisions, legal obligations and historical context – critically and in extensive detail.

The book is essential reading for those with an interest both in peoples’ rights in international law and the study of nationalism.

Subjects:: Public International Law

Contents:: List of Abbreviations; Table of Cases; Table of Treaties;; Introduction; Chapter 1 nationalism and the Right of Self-Determination:; 1. A Few Basic Terms: People, Nation, Population, Minority,; Indigenous People and Country; 2. Nationalism; 3. National Self-Determination; 4. National Ties and Legal Principles; Chapter 2 The Historical Development of Self-Determination: Outline; 1. The Foundations for National Self-Determination; 2. The Nation-State and Internal and External Sovereignty; 3. Government with the Consent of the Governed; 4. Liberalism, National Patriotism and the Law of Nations; 5. The French Revolution; 6. The Nationality Principle; 7. The End of the First World War; Chapter 3 Self-Determination and International Instruments: Outline; 1. The United Nations Charter 1945; 2. The Human Rights Covenants 1966; 3. The Colonial Independence Declaration 1960; 4. General Assembly Resolution 1541(XV) 1960; 5. The Friendly Relations Declaration 1970; 6. The Helsinki Final Act 1975 and Paris Charter 1990; 7. Declaration on the Rights of Indigenous Peoples 2006; Chapter 4 Self-Determination and Courts: Outline; 1. The Wall in Occupied Palestinian Territory Opinion; 2. Katangese Peoples’ Congress v. Zaire; 3. The Badinter Opinions Nos.; 1, 2 and 3; 4. The Burkina Faso/Mali Frontier Dispute; 5. The Tatarstan and Chechnya Cases; 6. The Åland Islands, Part 1: The Commission of Jurists; 7. The Åland Islands, Part 2: The Commission of Rapporteurs; 8. Re. Secession of Quebec; 9. Western Sahara Advisory Opinion; Chapter 5 The Law of Self-Determination: A Contradiction in Terms?: Outline; 1. Colonial Self-Determination; 2. The Peoples of States; 3. Minorities and Groups within States; 4. Peoples under Foreign or Alien Domination; 5. Economic Self-Determination or Permanent Sovereignty; 6. Democratic Government; 7. The Use of Force; 8. Principle or Right? 9. Jus Cogens and Peremptory Norms; 10. Erga Omnes; References; Index.