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Author:   Przemysław Tacik
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   78
Weight:   0.983kg
ISBN:  

9789004541139

ISBN 10:   9004541136
Pages:   502
Publication Date:   26 July 2023
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Not yet available  
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Table of Contents

Acknowledgements Introduction i It Is What It Is Not: Introductory Critical Perspectives on the Right of Self-determination of Peoples  i.1 What Can Critical Legal Theory Bring to the Study of Self-determination?  i.1.1 Plaidoyer for Theory in International Law  i.1.2 Critical Legal Thinking as a Paradigm for International Law  i.1.3 Critical Legal Thinking and Self-Determination of Peoples  i.2 Critique of Opening Gestures vis-à-vis Self-Determination  i.2.1 The Conceptual Vastness of Self-Determination  i.2.2 How Could an Internally Contradictory Right Be Effective?  i.2.3 Strategies of Defining  i.3 Right to Self-Determination of Nations as a State of Exception within International Law  i.3.1 Agambenian State of Exception: Suspension at the Heart of the Law  i.3.2 The Right of Nations to Self-Determination as the State of Exception in International Law: Theoretical Outline  i.3.3 The Right of Nations to Self-Determination as the State of Exception in International Law: Beyond Agamben  i.4 War and Spiral: Two Symptomal Lectures  i.4.1 War and Self-Determination  i.4.2 The Spiral of Self-Determination  i.5 The Self-Determination Triangle: Nation, Sovereignty, International Law  i.5.1 The rsd as a Suture between the Domestic and the International  i.5.2 The Biopolitical Underside of National Self-determination  i.5.3 Ideologies of Secession  i.6 Conclusions ii A Critical Genealogy of the Right of Nations to Self-Determination  ii.1 Histories of Self-Determination: against Continuity  ii.2 Revelation of a Conceptual Knot: from 18th to the First World War  ii.2.1 The American and the French Revolutions: a Release of Self-Determination Force  ii.2.2 The Simmering Pot: on the Way to Self-Determination  ii.2.3 The Theory of Marxism and Self-Determination  ii.3 Yes, but … Self-Determination as a Trap and a Misunderstanding: 1914–1945  ii.3.1 The Practice of Marxism and Self-Determination  ii.3.2 The Wilsonian Version  ii.3.3 Self-Determination in the Interwar  ii.4 This Time Properly? Self-Determination in the Cold War  ii.4.1 The UN Charter  ii.4.2 The Golden Era of Self-Determination as Decolonisation  ii.4.3 The Classic Corpus of icj Jurisprudence on Self-Determination  ii.4.4 Paradoxes of Decolonisation  ii.5 Liberal Reconfiguration: 1989–2008  ii.5.1 Self-Determination under Reconstruction  ii.5.2 The Post-socialist Wave of Self-Determination  ii.5.3 Theory and Practice of Self-Determination in the Liberal Era  ii.6 Confusion of Post-liberal Times: Revelation of an Aporia  ii.6.1 The Kosovo Case: Hiatus of Self-Determination Revealed  ii.6.2 The Post-Kosovo Conondrum  ii.7 Conclusions: Historical Incoherence of Self-Determination iii Self-Determination between Legal Fictions and Reality  iii.1 The Nation, the People, the Void  iii.2 What Self Is Determining?  iii.3 The Gentle Art of Suturing: Nations, States and uti possidetis  iii.4 The Legal Status of the Right of Nations to Self-Determination  iii.4.1 Right and/or Principle  iii.4.2 Content and Status iv The Right to Self-Determination as a State of Exception in International Law  iv.1 The Content of the Right of Nations to Self-Determination  iv.1.1 External versus Internal Self-Determination: Tales of a False Symmetry  iv.1.2 The Pale Scare: Secession as a Form of Self-Determination  iv.1.3 An Ideal for Daylight: General Right to Secession  iv.1.4 The Crowning Exception: Remedial Secession  iv.1.5 Inconspicuously Constructed Normality: Internal Self-Determination and Its Corollaries  iv.1.6 Conclusions: Secession and the Non-applicability of the Right to Self-Determination  iv.2 Governance of the Exception: Enforceability of the Right of Peoples to Self-Determination  iv.2.1 Paradoxes of rsd’s Enforceability  iv.2.2 Before ‘Exercising’ the rsd: Fight in the Extra-legal Zone  iv.2.3 After ‘Exercising’ the rsd: Recognition as Governance  iv.3 A Special Case of a Special Right: the rsd of Indigenous Peoples  iv.3.1 The Exceptional Position of Indigenous Peoples  iv.3.2 Self-Determination of Indigenous Peoples v Paradoxes of the Right of Nations to Self-Determination: a Critical Reappraisal  v.1 Popular Sovereignty v. State Sovereignty  v.2 Nationalism v. International Law  v.3 Self-Determination v. Territorial Integrity  v.4 Domestic Law v. Secession  v.5 Self-Determination: Law v. Fact  v.6 Self-Determination v. The Right to Democratic Governance  v.7 Self-Determination v. Representative Government: the Meaning of People’s Consent  v.8 Individual v. Collective Rights of Self-Determination  v.9 Creatio Continua: Is Self-Determination Perpetual or One-Off? Conclusions Bibliography Index

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Author Information

Przemysław Tacik, Dr. phil. (2014), Dr. iur (2016), Jagiellonian University in Kraków, is Assistant Professor at that university and Director of Nomos: Centre for International Research on Law, Culture and Power. He has published extensively on law and philosophy, including A New Philosophy of Modernity and Sovereignty. Towards Radical Historicisation (Bloomsbury 2021).

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