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Diversity and Self-Determination in International Law (Paperback)
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Diversity and Self-Determination in International Law (Paperback)
Series: Cambridge Studies in International and Comparative Law
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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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