The legitimacy of selfdetermination buchheit, lee c. An international exploration justice tankebe and alison liebling abstract. An articulation of a systematic vision of an international legal system grounded in the commitment to justice for all persons, this book probes the moral issues involved in disputes about secession, ethnonational conflict, the right of selfdetermination of peoples. Selfdetermination is the cardinal right sought by indigenous peoples and in practice it may require states to accept divisible sovereignty. The right of groups to selfdetermination often conflicts with the norm of the territorial integrity of states, especially in developing countries. Moral foundations for international law kelly, duncan 20050101 00. Political selfdetermination and global egalitarianism. Foundational and contemporary debates, edited by aaron tapper and mira sucharov university of toronto press, 2019. A purely outputoriented form of legitimacy, therefore, scarcely merits the description democratic, even if it claims to achieve outcomes for the people.
Moral foundations for international law 289 327 2004. The legitimacy of selfdetermination, new haven and london. Selfdetermination as a human right peace palace library. Allen buchanan this volume articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. Selfdetermination through the lens of the international. Research justice creating legitimacy for all types of knowledge. For an extended discussion of the relation between justice, human rights and international legitimacy, see buchanan, justice, legitimacy and selfdetermination. Legitimacy and criminal justice an international perspective. Moral foundations for international law oxford political theory buchanan, allen on. The international court of justices advisory opinion on the legitimacy of kosovos unilateral declaration of independence based on the right of selfdetermination was a missed opportunity to. This course will provide a general introduction to the doctrine of selfdetermination in international law. This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It centralizes community voices and leadership in an effort to facilitate genuine, lasting social change.
This book arises out of an international interdisciplinary conference held at the university of cambridge in may 2012. Political legitimacy stanford encyclopedia of philosophy. International tax competition and background justice. Selfdetermination, however, is enshrined in key human rights documents and by. At present, the most comprehensive contemporary philosophical treatment of international legitimacy of this kind is probably allen buchanans justice, legitimacy, and selfdetermination 2003. International court of justice on the right of selfdetermination. It offers an insightful general theory of international justice and it also represents the fullest statement of buchanans political theory to date and does so in a manner that befits its place in the excellent oup. Justice, legitimacy, and selfdetermination will find a broad readership in political science, international law, and political philosophy. The power of legitimacy and the legitimacy of power. The right to selfdetermination is construed as a political 35253. Download pdf justice legitimacy and self determination. The ones marked may be different from the article in the profile. It provides a probing exploration of the moral issues involved in.
Does selfdetermination entail an automatic right to. He taught at the university of arizona, the university of wisconsinmadison, and the university of. The right of a people to selfdetermination is a cardinal principle in modern international law commonly regarded as a jus cogens rule, binding, as such, on the united nations as authoritative interpretation of the charters norms. Read pdf legitimacy and criminal justice an international perspective justice. For an excellent summary of the argument that all states have an interest in the efficacious operation of law within the community of states, written from the perspective of moral philosophy, see buchanan, allen justice, legitimacy, and selfdetermination. Selfdetermination and theories of secession buchanan, allen, justice, legitimacy and selfdetermination oxford university press, 2004, moore, moore selfdetermination, rights to territory and the politics of respect in ethics of nationalism oxford and new york. Indigenous selfdetermination and the legitimacy of. It provides a probing exploration of the moral issues involved in disputes about secession, ethno. You can read online justice legitimacy and self determination moral foundations for international law oxford political theory here in pdf, epub, mobi or docx formats. It states that people, based on respect for the principle of equal rights and fair equality of opportunity, have the right to freely choose their sovereignty and.
See, allen buchanan, justice, legitimacy and selfdetermination oxford. Oxford political theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. Duke professor of philosophy at duke university and also professor of the philosophy of international law at the dickson poon school of law at kings college, london. He received his phd from the university of north carolina at chapel hill in 1975. It provides a probing exploration of the moral issues involved in disputes about secession, ethnonational conflict, the right of selfdetermination of peoples, human rights, and the legitimacy of the international legal system itself. The right to selfdetermination, notwithstanding a persistent ineffable aura, can manifest itself in two different forms. Introduction in this essay i discuss the right to national selfdetermination with a focus on its application in the context of israelpalestine.
Justice, legitimacy, and selfdetermination moral foundations for international law allen buchanan oxford political theory. The article is motivated by the thought that the existing international legal system is unfair. For an effort to sketch the outlines of a normative structure for international law that includes both human rights and rights of national minorities and indigenous peoples, see allen buchanan, justice, legitimacy, and selfdetermination. For everyone interested in political theory and global justice, buchanans justice, legitimacy and selfdetermination. Moral foundations for international law is an essential read. Do we consider political legitimacy and democratic selfdetermination as part of our analysis. Oxford university press, 2004 at 408421, especially 415421 buchanan, justice, legitimacy and selfdetermination. Justice, legitimacy, and selfdetermination allen buchanan. This wellwritten essay in international law carefully moves between theory and case study in analyzing recent conflicts such. Allen buchanan, justice, legitimacy and self determination oxford. Legitimacy, justice and public international law status quo. The legitimacy of international law is a recurring theme in every chapter. Justice, legitimacy, and selfdetermination moral foundations for international law allen buchanan description this book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. Human rights, selfdetermination, and external legitimacy.
See for instance allen buchanan, justice, legitimacy, and selfdetermination, oxford. Buchanan, justice, legitimacy, and selfdetermination. This cited by count includes citations to the following articles in scholar. If the inline pdf is not rendering correctly, you can download the pdf file here. Research justice is a strategic framework that seeks to achieve selfdetermination for marginalized communities. Selfdetermination through the lens of the international court of justice. I found the discussions of punish ment and excuses clearer and more plausible than. Legitimacy and selfdetermination oxford scholarship.