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Diversity and Self-determination in International Law

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Karen KnopUniversity of Toronto

ISBN13: 9780521781787
ISBN: 0521781787
Published: June 2003
Publisher: Cambridge University Press
Format: Hardback
Price: £104.99
Paperback edition , ISBN13 9780521067409



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The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.

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Contents:
Part I. Cold War International Legal Literature: 1. The question of norm-type; 2. Interpretation and identity; 3. Pandemonium, interpretation and participation
Part II. Self-determination interpreted in practice: the challenge of culture: 4. The canon of self-determination; 5. Developing texts
Part III. Self-Determination Interpreted in Practice: The Challenge of Gender: 6. Women and self-determination in Europe after World War I; 7. Women and self-determination in United Nations trust territories; 8. Indigenous women and self-determination; Conclusion.