Among the significant consequences of the Cold War’s end has been the rise of nations and the challenges that these nations pose for global order and international law. Taking a unique approach to explore this phenomenon, Beck and Ambrosio consider three principal themes: the emergence of nations, the international legal challenges that such nations pose, and international legal efforts to accommodate nations within the global state system. Students of international law, political science, and ethnic studies will find this book useful for its focus on an overlooked, but important, subject.
Table of Contents
Acknowledgments
Foreword by Inis L. Claude Jr.
Introduction
Clan and Superclan: Loyalty, Identity and Community in Law and Practice, Thomas M. Franck
Part I. The Rise of Nations
Introduction
The Nation Neglected: The Organization of International Life in the Classical State Sovereignty Period, Michael Ross Fowler and Julie Marie Bunck
The State and the Nation: Changing Norms and the Rules of Sovereignty in International Relations, J. Samuel Barkin and Bruce Cronin
Britain and the 1933 Refugee Convention: National or State Sovereignty?, Robert J. Beck
The International Law of Nationalism: Group Identity and Legal History, Nathaniel Berman
Part II. The International Legal Challenges Posed by the Rise of Nations
The Decline of the Nation-State and Its Implications for International Law, Oscar Schachter
Claims by Non-State Groups in International Law, Benedict Kingsbury
Making Room for Peoples at the United Nations: Thoughts Provoked by Indigenous Claims to Self-Determination, Maivân Clech Lâm
Groups, Histories, and International Law, Lea Brilmayer
Part III. International Legal Responses to the Rise of Nations
Rethinking Self-Determination, Hurst Hannum
Drawing a Better Line: Uti Possidetis and the Borders of New States, Steven R. Ratner
Irredentism: Self-Determination and Interstate War, Thomas Ambrosio
Population Transfer: The Effects of Settler Infusion Policies on a Host Population's Right to Self-Determination, Eric Kolodner
Conclusion
The Accomodation of Nations in Interstate Law: Some Preliminary Conclusions, Thomas Ambrosio
Index
About the Contributors
Bio(s)
Robert J. Beck, University of Wisconsin-Milwaukee
Thomas Ambrosio, University of North Dakota