JUSTICE, LEGITIMACY, AND SELF-DETERMINATION pot

[...]... developed a systematic and provocative account of self-determination for indigenous groups and minority nations within states, but has concentrated on the implications of this view for domestic policies rather than for international institutional reform.10 9 Avashai Margalit and Joseph Raz, ‘National Self-Determination , Journal of Philosophy 87 (1990), 439–61; Daniel Philpott, ‘In Defense of Self-Determination ,... how the international legal order should respond to the problems of self-determination and secession, arguing that international law should recognize a unilateral right to secede—as distinct from a negotiated or constitutional right—only as a remedy of last resort against grave injustices These three parts, on Justice, Legitimacy, and Self-Determination, comprise the theoretical core of the volume Part... Chapter 3 contains material from Justice, Legitimacy, and Human Rights,” which appeared in The Idea of Political Liberalism, edited by Victoria Davion and Clark Wolf Chapter 5 draws on my article “Political Liberalism and Democracy,” which appeared in Ethics Chapter 6 includes material from “Recognitional Legitimacy and the State System,” in Philosophy and Public Affairs Chapter 8 utilizes material from... that we must choose between honoring aspirations for self-determination and order What is novel and perhaps even radical about my discussion of various intrastate autonomy regimes as ways of coping with or avoiding secessionist conflicts is that I propose a role for international legal institutions in efforts to support and in some cases even to mandate intrastate autonomy regimes This too represents... framework for evaluating and responding to claims to self-determination Without a defensible account of state legitimacy, we cannot hope to have an adequate normative framework for addressing self-determination claims since these can call into question the legitimacy of the state’s own claims to territory A defensible account of legitimacy in turn must rest upon a conception of justice, since the only... crises of self-determination, ethnic conflict, state failure, and global terrorism Yet it may well prove necessary When political will is not firmly anchored in consistent moral principles it is all the more vulnerable to failure Unless they are reasonably interpreted and embedded in the structure of a moral philosophy of law, principles of self-determination, state sovereignty, democracy, and uti possidetis... general neglect Fernando Teson offers the broad outlines of a Kantian moral theory of international law that takes human rights seriously and issues a bold challenge to unthinking deference to state sovereignty But Teson’s view is incomplete in several respects, and includes a rather robust natural law understanding of the nature of international law that many international legal scholars and philosophers... formulated and justified in light of the assumption that they will be embodied in institutions The meaning of this last assertion, and its with the bulk of settled law.” Fernando Teson, A Philosophy of International Law (Westview, Boulder, CO, 1998) 7 See e.g Darrel Moellendorf, ‘Constructing the Law of Peoples’, Pacific Philosophical Quarterly 772 (1996), 132–54; Liam Murphy, ‘Institutions and the Demands... Jocelyne Couture, Michel Seymour, and Kai Nielsen Chapter 11 is based in part on “From Nuremburg to Kosovo: The Morality of Illegal Legal Reform,” which appeared in Ethics, and on “Reforming the International Law of Humanitarian Intervention,” in Humanitarian Intervention: Ethics, Law and Policy, edited by Jeffrey Holzgrefe and Robert O Keohane The foregoing articles and book chapters were written over... Brilmayer, ‘Secession and Self-Determination: A Territorialist Interpretation’, Yale Journal of International Law 16 (1991), 177–202; Allen Buchanan, Secession: The Morality of Political Divorce from Fort Sumter to Lithuania and Quebec (Westview Press, Boulder, CO, 1991); Buchanan, ‘Theories of Secession’, Philosophy and Public Affairs 261 (1997), 31–61; Buchanan, ‘Federalism, Secession, and the Morality . alt="" OXFORD POLITICAL THEORY Series Editors: Will Kymlicka, David Miller, and Alan Ryan JUSTICE, LEGITIMACY, AND SELF-DETERMINATION OXFORD POLITICAL THEORY Oxford Political Theory presents. from Justice, Legitimacy, and Human Rights,” which appeared in The Idea of Political Liberalism, edited by Victoria Davion and Clark Wolf. Chapter 5 draws on my article “Political Liberalism and Democracy,”. on Justice, Legitimacy, and Self-Determination, comprise the theoretical core of the volume. Part Four, Reform, includes two chapters. The first summarizes the central argument of the book and