LEADER 05033nam 22006974a 450 001 9910454098503321 005 20210521012014.0 010 $a1-281-92183-1 010 $a9786611921835 010 $a90-474-2347-X 024 7 $a10.1163/ej.9789004158351.i-136 035 $a(CKB)1000000000557235 035 $a(EBL)468267 035 $a(OCoLC)646789010 035 $a(SSID)ssj0000243761 035 $a(PQKBManifestationID)11923118 035 $a(PQKBTitleCode)TC0000243761 035 $a(PQKBWorkID)10164631 035 $a(PQKB)10171146 035 $a(MiAaPQ)EBC468267 035 $a(nllekb)BRILL9789047423478 035 $a(PPN)174400764 035 $a(Au-PeEL)EBL468267 035 $a(CaPaEBR)ebr10270774 035 $a(CaONFJC)MIL192183 035 $a(EXLCZ)991000000000557235 100 $a20071129d2007 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 10$aSelf-determination of peoples and plural-ethnic states in contemporary international law$b[electronic resource] $efailed states, nation-building and the alternative, federal option /$fEdward McWhinney 210 $aLeiden ;$aBoston $cMartinus Nijhoff Publishers$d2007 215 $a1 online resource (148 p.) 225 0 $aNijhoff eBook titles 2007 300 $aDescription based upon print version of record. 311 $a90-04-15835-9 320 $aIncludes bibliographical references and index. 327 $aThe national and international faces of federalism -- Self-determination of peoples as United Nations principle : historical roots and contemporary international law/municipal (constitutional) law antinomies -- Emergence of states in classical international law -- The United Nations Charter and admission of states, and also their exclusion -- The United Nations Charter principle of territorial integrity of states : the Uti Possidetis Doctrine as element in state succession -- Federalism and constitutional pluralism as self-determination options for plural-ethnic States : the different faces of federalism in comparative constitutional law --Law and politics and the dialectical unfolding of the self-determination principle -- Excursus - failed states : the trial-and-error of contemporary exercises in constitution-making and nation-building. 330 $aIn analysing the contemporary International Law principles as to Self-determination of Peoples, Dr. Edward McWhinney gives a special attention to the crisis today of multinational states put together, usually hurriedly and without proper regard for foreseeable later problems in establishing a plural-constitutional order system, by the military victors in World War I in the imposed Peace treaties of 1919. The key to successful exercise of a claimed right to self-determination is Recognition by other, existing states in the World Community and today also admission to the United Nations. In examining the classical rules on Recognition of States and the recent developed practice as to U.N. Membership, the author signals the continuing antinomy of Law and Power and how high political concerns for their own conceived national interests influence or control decisions on application of the legal ground rules in concrete cases by heads of government and their foreign ministries. The author notes at the same time the attempt to consolidate and codify existing rules on a political \'regional\' basis, most evident perhaps with the European Union today. In addressing the claimed new legal category of \'failed state\' with the concomitant asserted legal right of other states to intervene, if necessary unilaterally or outside the United Nations, to impose their own \'corrective\' measures, he suggests that the postulated \'failure\' in such cases may frequently stem less from problems inherent in the state concerned than from past hegemonial actions by outside states in pursuit of their own geopolitical interests in the region. A special concluding chapter draws on the empirical record of the historical, often trial-and-error experience of the Succession states to the Versailles treaties settlements and to the assorted acts of Decolonisation of the former European Imperial, Colonial powers. 606 $aSelf-determination, National 606 $aState succession 606 $aNationalities, Principle of 606 $aEthnic relations$xPolitical aspects 606 $aFederal government 608 $aElectronic books. 615 0$aSelf-determination, National. 615 0$aState succession. 615 0$aNationalities, Principle of. 615 0$aEthnic relations$xPolitical aspects. 615 0$aFederal government. 676 $a341.26 700 $aMcWhinney$b Edward$0241113 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910454098503321 996 $aSelf-determination of peoples and plural-ethnic states in contemporary international law$92469516 997 $aUNINA