Deconstructing Self-Determination in International Law: Sovereignty, Exception, and Biopolitics

Front Cover
Half Title
Series Information
Title Page
Copyright Page
Contents
Acknowledgements
Abbreviations
Introduction
Chapter 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.I.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 Peoples 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 Peoples to Self-Determination as the State of Exception in International Law: Theoretical Outline
		I.3.3 The Right of Peoples 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
Chapter II A Critical Genealogy of the Right of Peoples to Self-Determination
	II.1 Histories of Self-Determination: against Continuity
	II.2 Revelation of a Conceptual Knot: from the 18th Century 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
Chapter 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 Peoples to Self-Determination
		III.4.1 Right and/or Principle
		III.4.2 Content and Status
Chapter IV The Right to Self-Determination as a State of Exception in International Law
	IV.1 The Content of the Right of Peoples 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
Chapter V Paradoxes of the Right of Peoples 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
	Books
	Book Chapters
	Journal Articles
	Reports
Index
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