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

Deconstructing Self-Determination in International Law: Sovereignty, Exception, and Biopolitics: Developments in International Law, cartea 78

Autor Przemysław Tacik
en Limba Engleză Hardback – 25 iul 2023
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
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Specificații

ISBN-13: 9789004541139
ISBN-10: 9004541136
Pagini: 550
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Developments in International Law

Notă biografică

Przemysław 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).

Cuprins

Acknowledgements

Introduction

iIt 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.1.1Plaidoyer for Theory in International Law

i.1.2Critical Legal Thinking as a Paradigm for International Law

i.1.3Critical Legal Thinking and Self-Determination of Peoples


i.2 Critique of Opening Gestures vis-à-vis Self-Determination
i.2.1The Conceptual Vastness of Self-Determination

i.2.2How Could an Internally Contradictory Right Be Effective?

i.2.3Strategies of Defining


i.3 Right to Self-Determination of Nations as a State of Exception within International Law
i.3.1Agambenian State of Exception: Suspension at the Heart of the Law

i.3.2The Right of Nations to Self-Determination as the State of Exception in International Law: Theoretical Outline

i.3.3The 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.4.1War and Self-Determination

i.4.2The Spiral of Self-Determination


i.5 The Self-Determination Triangle: Nation, Sovereignty, International Law
i.5.1The rsd as a Suture between the Domestic and the International

i.5.2The Biopolitical Underside of National Self-determination

i.5.3Ideologies of Secession


i.6 Conclusions


iiA 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.2.1The American and the French Revolutions: a Release of Self-Determination Force

ii.2.2The Simmering Pot: on the Way to Self-Determination

ii.2.3The Theory of Marxism and Self-Determination


ii.3 Yes, but … Self-Determination as a Trap and a Misunderstanding: 1914–1945
ii.3.1The Practice of Marxism and Self-Determination

ii.3.2The Wilsonian Version

ii.3.3Self-Determination in the Interwar


ii.4 This Time Properly? Self-Determination in the Cold War
ii.4.1The UN Charter

ii.4.2The Golden Era of Self-Determination as Decolonisation

ii.4.3The Classic Corpus of icj Jurisprudence on Self-Determination

ii.4.4Paradoxes of Decolonisation


ii.5 Liberal Reconfiguration: 1989–2008
ii.5.1Self-Determination under Reconstruction

ii.5.2The Post-socialist Wave of Self-Determination

ii.5.3Theory and Practice of Self-Determination in the Liberal Era


ii.6 Confusion of Post-liberal Times: Revelation of an Aporia
ii.6.1The Kosovo Case: Hiatus of Self-Determination Revealed

ii.6.2The Post-Kosovo Conondrum


ii.7 Conclusions: Historical Incoherence of Self-Determination


iiiSelf-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.4.1Right and/or Principle

iii.4.2Content and Status


ivThe 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.1.1External versus Internal Self-Determination: Tales of a False Symmetry

iv.1.2The Pale Scare: Secession as a Form of Self-Determination

iv.1.3An Ideal for Daylight: General Right to Secession

iv.1.4The Crowning Exception: Remedial Secession

iv.1.5Inconspicuously Constructed Normality: Internal Self-Determination and Its Corollaries

iv.1.6Conclusions: 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.2.1Paradoxes of rsd’s Enforceability

iv.2.2Before ‘Exercising’ the rsd: Fight in the Extra-legal Zone

iv.2.3After ‘Exercising’ the rsd: Recognition as Governance


iv.3 A Special Case of a Special Right: the rsd of Indigenous Peoples
iv.3.1The Exceptional Position of Indigenous Peoples

iv.3.2Self-Determination of Indigenous Peoples


vParadoxes 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.9Creatio Continua: Is Self-Determination Perpetual or One-Off?


Conclusions

Bibliography

Index