National Minority Rights In Europe

Hardcover | July 14, 2005

byTove H. Malloy

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Separatism is a highly topical and controversial legal and political issue. The conflicts in the Balkans of the 1990s have revived the unresolved issue of national minority self-determination in international law and also, in European politics, the issues of how to deal with sub-statenationalisms and group recognition, and how to enable the political inclusion of national minorities. National Minority Rights reviews the European inter-governmental approach in international law and politics through analysis of issues related to the moral recognition and ethical acceptance of national minorities. Examining issues of sub-state nationalisms, group recognition, identity, andpolitical participation, Malloy reveals assumptions in international law and politics about state sovereignty, collective rights, loyalty, and political inclusion. Employing both theoretical analysis and practical examples, Malloy provides a new framework for the accommodation of national minoritiesin Europe, which aims to address the problems that have emerged from both international law and European relations since 1989. Part I examines the emerging national minority rights scheme since 1989 and explores concepts of the nature and scope of national minority rights. Malloy suggests that these rights have perhaps been mis-categorized and under-explored. Part II examines the discourse in the light of contemporarypolitical theory on nationalism and multiculturalism, and the politics of identity, difference, and recognition as well as discursive approaches to democracy. Based upon these analyses, she develops an alternative framework for national minority accommodation based upon multiple loyalties, criticalcitizenship, and discursive justice. This alternative model overcomes the dichotomies of individualism-collectivism and universalism-particularism, contending that minority rights should be seen as collective political autonomy rights rather than as individual cultural human rights. Using thismodel, Part III examines the assumptions underlying the politics of democratization, taking as examples the work of the Council of Europe and the politics of European Union integration. Malloy questions the ability of the national minority rights discourse to inform international law in its effortsto protect national minorities in an ethical manner. Instead, she contends that the complex processes of constitutionalism in the realm of European integration might provide a better way to accommodate national minorities.

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Separatism is a highly topical and controversial legal and political issue. The conflicts in the Balkans of the 1990s have revived the unresolved issue of national minority self-determination in international law and also, in European politics, the issues of how to deal with sub-statenationalisms and group recognition, and how to enabl...

Tove H. Malloy is a Senior Research Associate with ECMI where she is Head of the EU Department. She is a permanent member of the Danish Foreign Service, froim which she is currently on leave.

other books by Tove H. Malloy

Format:HardcoverDimensions:400 pages, 9.21 × 6.14 × 1.04 inPublished:July 14, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199274436

ISBN - 13:9780199274437

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Table of Contents

PrefaceList of AbbreviationsIntroductionPart I Problematization: Individualism and Collectivism1. Overview: national minority, or co-nation?2. Co-nation rights after 1989: cultural, or political rights?3. Co-nation rights and the concept of "collective rights": human rights, or institutional rights?PART II In Theory: Universalism and Particularism4. Liberalism and nationalism: the problem of co-nation inclusion in national self-determination5. Liberalism and the constitutive community: recognition and individual practical reasoning in self-determination6. Liberal democracy and the discursive approach: ethics, virtues and cosmopolitan considerationPART III In Practice: Emancipation and Empowerment7. The Council of Europe and the legal discourse: the problem of de jure state sovereignty8. The Council of Europe and the possibilities of de facto state sovereignty9. Conclusions: democratization as accommodationAppendixInternational documentsBibliography

Editorial Reviews

`...an excellent and highly stimulating and complex piece of work...I would recommend Malloy's book to anyone interested in national minority rights ..or...how this issue has been mainstreamed in European bodies and agencies...'Christian-Radu Chereji, Babes-Bolyai University, Romania, Balkan Academic News Book Review 12, 2006