Minorities and the Making of Postcolonial States in International Law

A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.

Mohammad Shahabuddin (Author)

9781108483674, Cambridge University Press

Hardback, published 10 June 2021

250 pages
23.5 x 15.6 x 2.6 cm, 0.7 kg

'This is an outstanding book which combines archival work and history with theoretical innovation and insight to provide a fresh understanding of an enduring and tragic phenomenon, ethnic conflict. What makes this study distinctive and powerful is that its doctrinal analysis is illuminated by historical and sociological studies of nationalism. As a result, the particular case studies explored here have a far-reaching relevance. It is superbly written, and has a special quality of momentum that makes it very readable as the argument unfolds with evidence and research carefully integrated to further the broader movement.' Antony Anghie, University of Utah and National University of Singapore

The ideological function of the postcolonial 'national', 'liberal', and 'developmental' state inflicts various forms of marginalisation on minorities, but simultaneously justifies oppression in the name of national unity, equality and non-discrimination, and economic development. International law plays a central role in the ideological making of the postcolonial state in relation to postcolonial boundaries, the liberal-individualist architecture of rights, and the neoliberal economic vision of development. In this process, international law subjugates minority interests and in turn aggravates the problem of ethno-nationalism. Analysing the geneses of ethno-nationalism in postcolonial states, Mohammad Shahabuddin substantiates these arguments with in-depth case studies on the Rohingya and the hill people of the Chittagong Hill Tracts, against the historical backdrop of the minority question in Indian nationalist and constitutional discourse. Shahabuddin also proposes alternative international law frameworks for minorities.

Part I: 1. Geneses of ethno-nationalism in postcolonial states
2. Minorities and the 'ideology' of the postcolonial state
Part II: 3. The postcolonial 'national' state: boundaries and international law
4. The postcolonial 'liberal' state: self-determination, minorities, and international law
5. The postcolonial 'developmental' state: minority perspectives and international law
Conclusion.

Subject Areas: International organisations & institutions [LBBU], Public international law [LBB], International relations [JPS]