Full Description
Among the significant consequences of the Cold War's end has been the rise of nations and the challenges that these nations pose for global order and international law. Taking a unique approach to explore this phenomenon, Beck and Ambrosio consider three principal themes: the emergence of nations, the international legal challenges that such nations pose, and international legal efforts to accommodate nations within the global state system. Students of international law, political science, and ethnic studies will find this book useful for its focus on an overlooked, but important, subject.
Contents
Foreword by Inis L. Claude Jr. Introduction. Thomas M. Franck: Clan and Superclan: Loyalty, Identity and Community in Law and Practice. I. The Rise of Nations. Michael Ross Fowler and Julie Marie Bunck: The Nation Neglected: The Organization of International Life in the Classical State Sovereignty Period; J. Samuel Barkin and Bruce Cronin: The State and the Nation: Changing Norms and the Rules of Sovereignty in International Relations; Robert J. Beck: Britain and the 1933 Refugee Convention: National or State Sovereignty? Nathaniel Berman: The International Law of Nationalism: Group Identity and Legal History. II. The International Legal Challenges Posed by the Rise of Nations. Oscar Schachter: The Decline of the Nation-State and its Implications for International Law; Benedict Kingsburry: Claims by Non-State Groups in International Law; Maivan Clech Lam: Making Room for Peoples at the United Nations: Thoughts Provoked by Indigenous Claims to Self-Determination; Lea Brilmayer: Groups, Histories, and International Law. III. International Legal Responses to the Rise of Nations. Hurst Hannum: Rethinking Self-Determination; Steven R. Ratner: Drawing a Better Line: Uti Possidetis and the Borders of New States; Thomas Ambrosio: Irredentism: Self-Determination and Interstate War; Eric Kolodner: Population Transfer: The Effects of Settler Infusion Policies on a Host Population's Right to Self-Determination. Conclusion. Thomas Ambrosio: The Accommodation of Nations in Interstate Law
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