scholarly journals ‘Ethnicity’ in the International Law of Minority Protection: The Post-Cold War Context in Perspective

2012 ◽  
Vol 25 (4) ◽  
pp. 885-907
Author(s):  
MOHAMMAD SHAHABUDDIN

AbstractAs a concept, ‘ethnicity’ has been informing the notions of the ‘self’ as well as the ‘other’ since antiquity. While in ancient Greek it referred to the ‘other’ in a derogatory sense, in the Romantic literature of the nineteenth century, ethnicity came to depict the self-image of the nation. Although, in contrast, the liberal self-image refers to ethnicity only in the instrumental sense (as a tool for regulation without attributing any real value to the notion), ethnicity remains salient in both the liberal and conservative versions of nationalism to identify the backward ‘other’ – the minority – within the nation. Against the backdrop of the nineteenth-century discourse on ethnicity, this paper explores how the notion of ethnicity having the image of ‘otherness’ as well as ‘backwardness’ shapes the liberal perception of ‘minority’ and ‘minority protection’ in the post-Cold War context in three different ways. First, I argue that ethnicity informs the perception of the minority as the ethnic ‘other’. Second, the individualist response to minority protection paradoxically endeavours to remove ‘ethnicity’ from the concept of ‘minority’. And finally, in the post-Cold War European scenario, it is again the ethnic ‘otherness’ that rationalizes a differentiated minority protection mechanism for the West and the East within Europe.

Rhetorik ◽  
2021 ◽  
Vol 40 (1) ◽  
pp. 1-18
Author(s):  
Jens Fischer

Abstract According to the self-image of lawyers, jurisprudence is a science: the premises in legal conclusions are truth-apt, as are the conclusions or judgements that follow from them, the cognition of true law is consequently regarded as their task. Against this background, a program that understands and analyzes law as the product of a rhetorical practice is confronted with fierce resistance. According to the research of analytical legal rhetoric, on the other hand, the evidence for a rhetorical imprint on law is overwhelming: starting with the logical status of legal inferences, to the peculiarities of judicial procedure, to the motivational situation of those involved in it, everywhere it becomes apparent that the image of strict truth-orientation inadequately describes the genesis of law. Following Aristotle, who assigned law to the field of phrónēsis and not to epistēmē, contemporary legal rhetoric research aims to draw a realistic picture of the genesis of law. Subdivided into the triad of logos, ethos, and pathos, it attempts to fully grasp the interrelationships involved. It becomes apparent that the rational or argumentative dimension is far from dominating in legal justifications. It is precisely at the neuralgic point, i.e., where arguments are opposed to each other, that the rhetor typically uses a rhetorical figure that links all levels of the triad: the restrictio.


2018 ◽  
Vol 28 (2) ◽  
pp. 112-136
Author(s):  
Sehar Mushtaq ◽  

Liberal peacebuilding, a dominant form of peacebuilding since the post-Cold War era, has involved multifaceted approaches, countless resources, multiple actors and significant efforts and yet, because of its standardized model and exclusion of local culture, resources and actors it has failed to achieve sustainable peace and development. Local peacebuilding practices, on the other hand, are mostly inclusive and culturally relevant but are not immune to power abuse, exclusion and inhumane practices. This essay explores the possibility of utilizing hybrid peacebuilding—collaboration of local and international actors and resources—to attain sustainable peace in conflict-ridden countries. It commences with a critique of liberal peacebuilding. It then analyzes the notion of hybridity and hybrid peacebuilding, and seeks to answer why hybrid peacebuilding seems to be an emancipatory alternative to liberal peacebuilding.


2021 ◽  
Vol 10 ◽  
pp. RLS66-RLS87
Author(s):  
Doris Mironescu ◽  
Andreea Mironescu

This article studies the fictionalization of late Eastern-European socialism in contemporary Romania, namely the literary projection of the 1980s in Mircea Cărtărescu’s autofictional novel Solenoid (2015). The novel is an ample, paranoid, metaphysical, and counterfactual autobiography that uses a late-communist backdrop to create a metaphorically skewed representation of the self and the world. In order to describe this narrative structure as an emergent subgenre of the postmodern maximalist novel, we coined the term ‘maximalist autofiction.’ We then discussed Cărtărescu’s option for maximalist autofiction and the effects this literary choice has had on his representation of Romanian late socialism. This option is influenced by the author’s biography, as well as by his own relationship with the memory burden of socialism in today’s post-Cold War world. Cărtărescu uses hyperbole, metaphysical parody, and a maximalist surrealist imagination to propel the discussion of socialism and cultural peripherality beyond the dated parameters of the East/West dichotomies.


Author(s):  
Jonathan Cristol

International relations (IR) theory is difficult to define. It is often taught as a theory that seeks both to explain past state behavior and to predict future state behavior. However, even that definition is contested by many theorists. Traditional IR theories can generally be categorized by their focus either on humans, states, or on the state system as the primary source of conflict. Any bibliography of international relations theory is bound to create controversy among its readers. Why did the author choose one theory and not the other? Why did the author choose one source and not the other? Indeed, a wide variety of permutations would be perfectly valid to provide the researcher with an adequate annotated bibliography, so why were these particular entries chosen? This article identifies Realism, Liberalism, and Constructivism as the three major branches of IR theory. These three branches have replaced the earlier realism-idealism dichotomy. The “English School” could be considered part of any of the aforementioned three branches, and its placement in the IR theory world is the subject of some debate. It has therefore been given its own section and is not included in any of the other sections. Critical IR theory and Feminist IR theory are often considered part of constructivism; however, there is much debate over whether they constitute their own branches, and so they are included in this article (as well as in their own entries in the OBO series), though the sources are somewhat different. Post–Cold War IR Theory is given its own heading because there are a number of theories that were proposed in the immediate aftermath of the Cold War that are still widely taught and discussed in the field. Perhaps the most controversial inclusion is that of Neoconservatism. Though it is quite possible to mount a case for it to be considered a theory of US foreign policy, it is theoretically distinct from other IR theories (the belief in bandwagoning instead of balancing). The final three sections are included to show how political theory has influenced IR theory, and how history and foreign policy have influenced IR theory (and vice versa). The included sections and citations represent both the mainstream of IR theory and those nonmainstream theories that have just started to break into the mainstream of IR theory. This article provides a starting point for both the beginning and the serious scholar of international relations theory.


Author(s):  
Bhubhindar Singh

Japan’s post-Cold War security policy displays significant changes compared to the Cold War period. One critical change has been the incorporation of the Japanese military, known as the Self-Defence Force (SDF), as a legitimate and important tool of Japanese post-Cold War security policy practice. It has developed new roles both outside and within the US-Japan alliance to contribute to regional/international security. The question is how the Japanese security policymaking elite has been able to bring about this critical change to the security policy practice in light of the domestic social and legal constraints that have traditionally prevented the expansion of Japan’s security role, in military terms, in regional and international affairs. This research introduces external military crises as an important factor for change in Japanese security policy. It argues that the Japanese security policymaking elite achieved security policy expansion by utilizing external military crises as policy windows, inflating and deflating threat elements to circumvent the constraints and justify the implementation of security policy initiatives. This utility of external military crises to widen the role of the Self-Defence Force (SDF) in shaping Japan’s security priorities, as well as its proactive contribution to regional/ international security are outlined in four key case studies - international peacekeeping in 1992, regional defence in 1997-99, global missions in 2003-05, and collective self-defence in 2014-15.


1996 ◽  
Vol 17 (1) ◽  
pp. 23-37
Author(s):  
Christopher Dandeker

The approach adopted here takes as its point of dcparture the fact thaï armed forces are ‘Janus-faced’ organizations. On the onc hand, they and their political masters havc to respond to the changing strategie context by building militarily effective organizations and, on the other. they havc to establish an organization that is responsive to wider social values, and thus to the society that pays for the armed services and without whose support they can do little. The key challenge is to ensure that a balance is struck between the demands flowing from these two contexts.


Author(s):  
Emily Van Buskirk

This chapter explains the concept of post-individualist prose as a pointed departure from nineteenth-century Realism. This is a fragmentary, documentary literature that restricts itself to the realm of “fact,” while being free to range outside the conventions of established genres. The post-individualist person's primary dilemma is a crisis in values, and Ginzburg treats writing as an ethical act. The chapter considers how writing serves as an “exit from the self,” a process by which the self becomes another, leaving behind the ego. It then turns to two of Ginzburg's narratives (“Delusion of the Will” and “A Story of Pity and Cruelty”), which concern the dilemmas of moral action in response to the death of a loved one. The traumatized subject uses techniques of “self-distancing” to deal with his or her sense of self and of the past by constructing a complete and responsible self-image, embedded within a social milieu, and then trying to connect it with his or her actions. Ginzburg's techniques of “self-distancing” are examined side-by-side with Shklovsky's concept of ostranenie (“estrangement”) and Bakhtin's vnenakhodimost' (“outsideness”).


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