Diversity and Self-Determination in International Law

Knop's investigation takes a new approach to the problem of diversity and self-determination of peoples.

Karen Knop (Author)

9780521067409, Cambridge University Press

Paperback / softback, published 26 June 2008

460 pages
23 x 15 x 3 cm, 0.694 kg

Review of the hardback: 'Knop has written a highly impressive, intelligent and sensitive study which is compulsory reading for anyone with an interest in self-determination and, more broadly, for anyone interested in seeing how international law can be used creatively yet responsibly.' International Journal on Minority and Group Rights

The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.

Part I. Cold War International Legal Literature: 1. The question of norm-type
2. Interpretation and identity
3. Pandemonium, interpretation and participation
Part II. Self-determination interpreted in practice: the challenge of culture: 4. The canon of self-determination
5. Developing texts
Part III. Self-Determination Interpreted in Practice: The Challenge of Gender: 6. Women and self-determination in Europe after World War I
7. Women and self-determination in United Nations trust territories
8. Indigenous women and self-determination
Conclusion.

Subject Areas: International humanitarian law [LBBS], Armed conflict [JPWS], International relations [JPS], Gender studies, gender groups [JFSJ]