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Among the examples of civil wars, armed secessionist movements and
minority uprisings in the world today, many involve conflict
between a minority group's aim for political self-determination,
and the nation state's resistance to any diminution of sovereignty.
With the expansion of the international regime of human rights,
minority groups have reconceptualised their struggle with the
understanding that a minority which is linguistically, religiously
or ethnically distinctive is entitled to self-determination if
their aspirations cannot be met. This book explores the
relationship between minority rights, self-determination and
secession within international law, by contextualising these issues
in a detailed case study of the rise of Tamil separatism in Sri
Lanka. Welhengama and Pillay show how Tamil communalism hardened
into secession and assess whether the Sri Lankan government has met
its obligations with respect to the right to self-determination
short of secession. Focusing on the legal and human rights
arguments for secession by the Tamil community of the North and
East of Sri Lanka, the book demonstrates how the language of
international law and international human rights played a major
role in the development of the arguments for secession. Through a
close examination of the case of the Tamil's secessionist movement
the book presents valuable insights into why modern nation states
find themselves threatened by separatist claims and bids for
independence based on ethnicity.
This title was first published in 2000: An investigation of how the
claims of minority groups for greater political power through
'autonomy' and 'secession' clash with the concerns of the
nation-State, and how States' refusals to respond positively to
such claims contribute to the escalation of ethnic conflicts in
contemporary multi-ethnic polities. In addition, this book examines
the extent to which the international community is prepared to
accommodate the concerns of minority groups beyond traditionally
identified 'minority rights'. The validity of claims for autonomy
with shared-sovereignty, autonomy as an inherent part of
self-determination, autonomy as a solution to current ethnic
conflicts, secessionist and irredentist movements and their impact
on peace and security are analyzed in detail. Most importantly,
whether minorities as such can secede from the State in which they
live by virtue of self-determination is critically analyzed. The
discussion of 'peoples' in the context of self-determination is the
first detailed research on this subject to appear in international
and human rights literature.
This title was first published in 2000: An investigation of how the
claims of minority groups for greater political power through
'autonomy' and 'secession' clash with the concerns of the
nation-State, and how States' refusals to respond positively to
such claims contribute to the escalation of ethnic conflicts in
contemporary multi-ethnic polities. In addition, this book examines
the extent to which the international community is prepared to
accommodate the concerns of minority groups beyond traditionally
identified 'minority rights'. The validity of claims for autonomy
with shared-sovereignty, autonomy as an inherent part of
self-determination, autonomy as a solution to current ethnic
conflicts, secessionist and irredentist movements and their impact
on peace and security are analyzed in detail. Most importantly,
whether minorities as such can secede from the State in which they
live by virtue of self-determination is critically analyzed. The
discussion of 'peoples' in the context of self-determination is the
first detailed research on this subject to appear in international
and human rights literature.
Among the examples of civil wars, armed secessionist movements and
minority uprisings in the world today, many involve conflict
between a minority group's aim for political self-determination,
and the nation state's resistance to any diminution of sovereignty.
With the expansion of the international regime of human rights,
minority groups have reconceptualised their struggle with the
understanding that a minority which is linguistically, religiously
or ethnically distinctive is entitled to self-determination if
their aspirations cannot be met. This book explores the
relationship between minority rights, self-determination and
secession within international law, by contextualising these issues
in a detailed case study of the rise of Tamil separatism in Sri
Lanka. Welhengama and Pillay show how Tamil communalism hardened
into secession and assess whether the Sri Lankan government has met
its obligations with respect to the right to self-determination
short of secession. Focusing on the legal and human rights
arguments for secession by the Tamil community of the North and
East of Sri Lanka, the book demonstrates how the language of
international law and international human rights played a major
role in the development of the arguments for secession. Through a
close examination of the case of the Tamil's secessionist movement
the book presents valuable insights into why modern nation states
find themselves threatened by separatist claims and bids for
independence based on ethnicity.
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