About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

25 Mich. J. Int'l L. 1319 (2003-2004)
Sub-State Nationalism and International Law

handle is hein.journals/mjil25 and id is 1333 raw text is: SUB-STATE NATIONALISM AND INTERNATIONAL LAW Margaret Moore* I. INTERNATIONAL LAW AND MINORITY NATIONALIST SELF-DETERMINATION ............................................................ 1320 II. THE NORMATIVE BASIS OF MINORITY NATIONALISM ............ 1324 III. NATIONAL SELF-DETERMINATION WITHOUT SECESSION ...... 1329 A. Non-Territorial Autonomy ............................................... 1330 B. Territorial Autonomy Regimes and the International Order ......................................................... 1336 IV . C ONCLUSION .......................................................................... 1340 This Article explores the relationship between international law, de- fined broadly as the principles, norms, and rules governing the international order and the aspirations for collective self-government by minority national communities. It argues that there will be increasing challenges to the current international legal rules by minority national- ists, and that it is important to develop a principled response to this challenge. It also argues that the current system privileges state actors to a great extent, and that any attempt to channel self-determination claims in a more benign, non-secessionist direction needs to address the state- centric biases of the current rules. The argument of this Article proceeds by examining a fairly domi- nant view of the appropriate relationship between international law and ethical arguments, and, related to this, the inconsistencies of the current international law regime with respect to minority nationalist claims to self-determination. Part Two examines the normative argument underly- ing minority nationalist claims to self-determination. The upshot of these two Parts is the conclusion that claims made by and on behalf of minor- ity nationalists are not likely to wither away, and that the current ad hoc method of dealing with them is profoundly unsatisfactory. In the third Part of the Article, two dominant approaches to dealing with self- determination claims, without secession, are examined in relation to the • Department of Political Studies, Queen's University (Kingston, Canada). The au- thor would like to thank Tony Cole for his helpful paper and for encouraging her to write this Article, John McGarry for reading and commenting on an earlier version of this Article, and the Carnegie Corporation for a research grant, which funded the research on which this Article is based. 1. By minority national communities, I am referring to nations without a state, but who live within another state, dominated by another national group or groups. Examples of such groups are Kurds in Turkey, Iran, and Iraq; Catalans, Basques, and Galicians in Spain; the Scots and Welsh in the U.K.; Quebec in Canada; and numerous other groups in all parts of the world. 1319

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most