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National Minority Rights in Europe (Hardcover, New)
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National Minority Rights in Europe (Hardcover, New)
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Separatism is a highly topical and controversial legal and
political issue. The conflicts in the Balkans of the 1990s have
revived the unresolved issue of national minority
self-determination in international law and also, in European
politics, the issues of how to deal with sub-state nationalisms and
group recognition, and how to enable the political inclusion of
national minorities. National Minority Rights reviews the European
inter-governmental approach in international law and politics
through analysis of issues related to the moral recognition and
ethical acceptance of national minorities. Examining issues of
sub-state nationalisms, group recognition, identity, and political
participation, Malloy reveals assumptions in international law and
politics about state sovereignty, collective rights, loyalty, and
political inclusion. Employing both theoretical analysis and
practical examples, Malloy provides a new framework for the
accommodation of national minorities in Europe, which aims to
address the problems that have emerged from both international law
and European relations since 1989. Part I examines the emerging
national minority rights scheme since 1989 and explores concepts of
the nature and scope of national minority rights. Malloy suggests
that these rights have perhaps been mis-categorized and
under-explored. Part II examines the discourse in the light of
contemporary political theory on nationalism and multiculturalism,
and the politics of identity, difference, and recognition as well
as discursive approaches to democracy. Based upon these analyses,
she develops an alternative framework for national minority
accommodation based upon multiple loyalties, critical citizenship,
and discursive justice. This alternative model overcomes the
dichotomies of individualism-collectivism and
universalism-particularism, contending that minority rights should
be seen as collective political autonomy rights rather than as
individual cultural human rights. Using this model, Part III
examines the assumptions underlying the politics of
democratization, taking as examples the work of the Council of
Europe and the politics of European Union integration. Malloy
questions the ability of the national minority rights discourse to
inform international law in its efforts to protect national
minorities in an ethical manner. Instead, she contends that the
complex processes of constitutionalism in the realm of European
integration might provide a better way to accommodate national
minorities.
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