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OverviewFull Product DetailsAuthor: Przemysław TacikPublisher: Brill Imprint: Martinus Nijhoff Volume: 78 Weight: 0.983kg ISBN: 9789004541139ISBN 10: 9004541136 Pages: 502 Publication Date: 26 July 2023 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: Not yet available  This item is yet to be released. You can pre-order this item and we will dispatch it to you upon its release. Table of ContentsAcknowledgements Introduction i It Is What It Is Not: Introductory Critical Perspectives on the Right of Self-determination of Peoples i.1 What Can Critical Legal Theory Bring to the Study of Self-determination? i.1.1 Plaidoyer for Theory in International Law i.1.2 Critical Legal Thinking as a Paradigm for International Law i.1.3 Critical Legal Thinking and Self-Determination of Peoples i.2 Critique of Opening Gestures vis-à-vis Self-Determination i.2.1 The Conceptual Vastness of Self-Determination i.2.2 How Could an Internally Contradictory Right Be Effective? i.2.3 Strategies of Defining i.3 Right to Self-Determination of Nations as a State of Exception within International Law i.3.1 Agambenian State of Exception: Suspension at the Heart of the Law i.3.2 The Right of Nations to Self-Determination as the State of Exception in International Law: Theoretical Outline i.3.3 The Right of Nations to Self-Determination as the State of Exception in International Law: Beyond Agamben i.4 War and Spiral: Two Symptomal Lectures i.4.1 War and Self-Determination i.4.2 The Spiral of Self-Determination i.5 The Self-Determination Triangle: Nation, Sovereignty, International Law i.5.1 The rsd as a Suture between the Domestic and the International i.5.2 The Biopolitical Underside of National Self-determination i.5.3 Ideologies of Secession i.6 Conclusions ii A Critical Genealogy of the Right of Nations to Self-Determination ii.1 Histories of Self-Determination: against Continuity ii.2 Revelation of a Conceptual Knot: from 18th to the First World War ii.2.1 The American and the French Revolutions: a Release of Self-Determination Force ii.2.2 The Simmering Pot: on the Way to Self-Determination ii.2.3 The Theory of Marxism and Self-Determination ii.3 Yes, but … Self-Determination as a Trap and a Misunderstanding: 1914–1945 ii.3.1 The Practice of Marxism and Self-Determination ii.3.2 The Wilsonian Version ii.3.3 Self-Determination in the Interwar ii.4 This Time Properly? Self-Determination in the Cold War ii.4.1 The UN Charter ii.4.2 The Golden Era of Self-Determination as Decolonisation ii.4.3 The Classic Corpus of icj Jurisprudence on Self-Determination ii.4.4 Paradoxes of Decolonisation ii.5 Liberal Reconfiguration: 1989–2008 ii.5.1 Self-Determination under Reconstruction ii.5.2 The Post-socialist Wave of Self-Determination ii.5.3 Theory and Practice of Self-Determination in the Liberal Era ii.6 Confusion of Post-liberal Times: Revelation of an Aporia ii.6.1 The Kosovo Case: Hiatus of Self-Determination Revealed ii.6.2 The Post-Kosovo Conondrum ii.7 Conclusions: Historical Incoherence of Self-Determination iii Self-Determination between Legal Fictions and Reality iii.1 The Nation, the People, the Void iii.2 What Self Is Determining? iii.3 The Gentle Art of Suturing: Nations, States and uti possidetis iii.4 The Legal Status of the Right of Nations to Self-Determination iii.4.1 Right and/or Principle iii.4.2 Content and Status iv The Right to Self-Determination as a State of Exception in International Law iv.1 The Content of the Right of Nations to Self-Determination iv.1.1 External versus Internal Self-Determination: Tales of a False Symmetry iv.1.2 The Pale Scare: Secession as a Form of Self-Determination iv.1.3 An Ideal for Daylight: General Right to Secession iv.1.4 The Crowning Exception: Remedial Secession iv.1.5 Inconspicuously Constructed Normality: Internal Self-Determination and Its Corollaries iv.1.6 Conclusions: Secession and the Non-applicability of the Right to Self-Determination iv.2 Governance of the Exception: Enforceability of the Right of Peoples to Self-Determination iv.2.1 Paradoxes of rsd’s Enforceability iv.2.2 Before ‘Exercising’ the rsd: Fight in the Extra-legal Zone iv.2.3 After ‘Exercising’ the rsd: Recognition as Governance iv.3 A Special Case of a Special Right: the rsd of Indigenous Peoples iv.3.1 The Exceptional Position of Indigenous Peoples iv.3.2 Self-Determination of Indigenous Peoples v Paradoxes of the Right of Nations to Self-Determination: a Critical Reappraisal v.1 Popular Sovereignty v. State Sovereignty v.2 Nationalism v. International Law v.3 Self-Determination v. Territorial Integrity v.4 Domestic Law v. Secession v.5 Self-Determination: Law v. Fact v.6 Self-Determination v. The Right to Democratic Governance v.7 Self-Determination v. Representative Government: the Meaning of People’s Consent v.8 Individual v. Collective Rights of Self-Determination v.9 Creatio Continua: Is Self-Determination Perpetual or One-Off? Conclusions Bibliography IndexReviewsAuthor InformationPrzemysław Tacik, Dr. phil. (2014), Dr. iur (2016), Jagiellonian University in Kraków, is Assistant Professor at that university and Director of Nomos: Centre for International Research on Law, Culture and Power. He has published extensively on law and philosophy, including A New Philosophy of Modernity and Sovereignty. Towards Radical Historicisation (Bloomsbury 2021). Tab Content 6Author Website:Countries AvailableAll regions |
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