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Conclusion

Published online by Cambridge University Press:  07 July 2009

Karen Knop
Affiliation:
University of Toronto
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Summary

For over a century, international lawyers have debated the right of a group to choose its sovereignty. The emergence of new states and self-determination movements after the Cold War has only intensified the disagreement over the status of a right to secede. I have sought in this book to shift the discussion from the articulation of the norm to the inevitable activity of interpretation. Whereas self-determination is routinely analysed as recognizing diversity through statehood, self-government and other forms of political organization, I have argued that the practice of its interpretation also involves and illuminates a more general problem of diversity raised by the exclusion of many of the groups that self-determination most affects from the making and the perspective of the norm.

Distinguishing different types of exclusion and the relationships between them has revealed the deep structures, biases and stakes in the scholarship and decisions on self-determination. This framework of analysis has also revealed – perhaps more surprisingly – that the leading cases have grappled with these embedded inequalities. Through new readings of the cases, challenges by Islamic communities, colonies, ethnic nations, indigenous peoples, women and others to the culture or gender biases of international law have emerged as integral to the interpretation of self-determination historically, as have attempts by judges and other institutional interpreters to meet these challenges.

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Publisher: Cambridge University Press
Print publication year: 2002

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  • Conclusion
  • Karen Knop, University of Toronto
  • Book: Diversity and Self-Determination in International Law
  • Online publication: 07 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494024.010
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  • Conclusion
  • Karen Knop, University of Toronto
  • Book: Diversity and Self-Determination in International Law
  • Online publication: 07 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494024.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Karen Knop, University of Toronto
  • Book: Diversity and Self-Determination in International Law
  • Online publication: 07 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494024.010
Available formats
×