Legitimacy and Self-Determination

2019 ◽  
pp. 89-118
Author(s):  
Anna Stilz
Keyword(s):  
Core Values ◽  
Self Determination ◽  
The Political ◽  
Political Autonomy ◽  
Territorial Jurisdiction ◽  
Private Rights ◽  
Collective Self ◽  
The Right

This chapter turns to the question of how a state might acquire legitimate territorial jurisdiction over a population of rightful occupants. What gives a state the right to rule a specific territory and group of people? I hold that a state has a right to rule a territory and population if and only if it: (i) protects certain essential private rights for all its subjects and respects these rights in outsiders and (ii) it reflects the shared will of its population as to how—and by whom—they should be ruled. To gain the right to rule, a state must serve the second and third core values that underpin the states system: basic justice and collective self-determination. The chapter offers a specific account of the interest in collective self-determination, which it calls “the political autonomy theory.”

Legitimacy and Self-Determination

2019 ◽  
pp. 9-46
Author(s):  
Anna Stilz
Keyword(s):  
Political Institutions ◽  
Self Determination ◽  
The Political ◽  
Personal Lives ◽  
Political Autonomy ◽  
State Legitimacy ◽  
Collective Self ◽  
Important Challenge

While most traditional liberal theories hold that the justice of a state’s institutions suffices to ground a right to govern its population and territory, I argue that these theories face an important challenge: They are unable to distinguish between domestic and foreign rule, and they may even license benign colonialism. Drawing on Kant’s political writings, I argue that we should revise these traditional liberal theories, recognizing the importance of a second, self-determination dimension to state legitimacy. To be legitimate, a state must not only provide certain minimum conditions of justice to its population; it must also satisfy their interest in collective self-determination, in being authors of their political institutions. This chapter offers a specific account of this interest, which I call the political autonomy theory. To fully respect autonomy, individuals must not only enjoy certain rights over their own personal lives; they must also be part of a collective that pursues justice through rules they choose through the exercise of their own rational deliberative agency.

Refining the Political Autonomy Account

2019 ◽  
pp. 119-154
Author(s):  
Anna Stilz
Keyword(s):  
The Self ◽  
Self Determination ◽  
The Political ◽  
Political Autonomy ◽  
Mass Society ◽  
Collective Self ◽  
Modern Mass ◽  
Political Decisions ◽  
Two Alternatives ◽  
Negligible Influence

This chapter extends the political autonomy theory of self-determination by responding to a variety of challenges. Is collective self-determination possible in a modern mass society, where citizens have (and can only have) a negligible influence over political decisions? How do we define the “self” in self-determination? Does self-determination require democratic governance or is it compatible with nondemocratic arrangements? Does self-determination apply only to overseas dependencies or also to internal minorities? How does it cohere with other international principles, such as territorial integrity? It also contrasts the political autonomy theory with two alternatives: the liberal nationalist theory and the peoplehood theory.

Palestinian Diaspora Communities in Latin America and Palestinian Statehood

2020 ◽  
Vol 19 (1) ◽  
pp. 101-120
Author(s):  
Yousef M. Aljamal ◽  
Philipp O. Amour
Keyword(s):  
Latin America ◽  
South America ◽  
Latin American ◽  
Economic Life ◽  
Self Determination ◽  
The Political ◽  
Middle Classes ◽  
Latin Americans ◽  
Political Views ◽  
The Right

There are some 700,000 Latin Americans of Palestinian origin, living in fourteen countries of South America. In particular, Palestinian diaspora communities have a considerable presence in Chile, Honduras, and El Salvador. Many members of these communities belong to the professional middle classes, a situation which enables them to play a prominent role in the political and economic life of their countries. The article explores the evolving attitudes of Latin American Palestinians towards the issue of Palestinian statehood. It shows the growing involvement of these communities in Palestinian affairs and their contribution in recent years towards the wide recognition of Palestinian rights — including the right to self-determination and statehood — in Latin America. But the political views of members of these communities also differ considerably about the form and substance of a Palestinian statehood and on the issue of a two-states versus one-state solution.

Territorial Sovereignty

2019 ◽  
Author(s):  
Anna Stilz
Keyword(s):  
Natural Resources ◽  
International Law ◽  
International System ◽  
Core Values ◽  
The State ◽  
Self Determination ◽  
Territorial Sovereignty ◽  
Collective Self ◽  
Political Units ◽  
Territorial States

This book offers a qualified defense of a territorial states system. It argues that three core values—occupancy, basic justice, and collective self-determination—are served by an international system made up of self-governing, spatially defined political units. The defense is qualified because the book does not actually justify all of the sovereignty rights states currently claim and that are recognized in international law. Instead, the book proposes important changes to states’ sovereign prerogatives, particularly with respect to internal autonomy for political minorities, immigration, and natural resources. Part I of the book argues for a right of occupancy, holding that a legitimate function of the international system is to specify and protect people’s preinstitutional claims to specific geographical places. Part II turns to the question of how a state might acquire legitimate jurisdiction over a population of occupants. It argues that the state will have a right to rule a population and its territory if it satisfies conditions of basic justice and facilitates its people’s collective self-determination. Finally, Parts III and IV of this book argue that the exclusionary sovereignty rights to control over borders and natural resources that can plausibly be justified on the basis of the three core values are more limited than has traditionally been thought.

Between Race and Nation: Marcus Garvey and the Politics of Self-Determination

2020 ◽  
Vol 48 (3) ◽  
pp. 271-302 ◽  
Author(s):  
Desmond Jagmohan
Keyword(s):  
White Supremacy ◽  
Self Determination ◽  
Black Diaspora ◽  
Irish Nationalism ◽  
Independent State ◽  
Marcus Garvey ◽  
Collective Self ◽  
Self Rule ◽  
Argument Proceeds ◽  
The Right

This essay argues that Marcus Garvey held a constructivist theory of self-determination, one that saw nationalism and transnationalism as mutually necessary and reinforcing ideals. The argument proceeds in three steps. First it recovers Garvey’s transnationalist emphasis by looking at his intellectual debts to other diaspora struggles, namely political Zionism and Irish nationalism. Second it argues that Garvey held a constructivist view of national identity, which also grounds his argument that the black diaspora has a right to collective self-determination. Third it explicates Garvey’s further contention that the right to self-determination and the persistence of oppression give the African diaspora a pro tanto claim to an independent state, which he considered essential to vanquishing white supremacy and realizing collective self-rule.

scholarly journals KONFLIK SELATAN FILIPINA: ISU, CABARAN DAN PENYELESAIAN[CONFLICT IN THE SOUTHERN REGION OF THE PHILIPPINES: ISSUES, CHALLENGES, AND SOLUTIONS]

2017 ◽  
Vol 2 (2) ◽  
pp. 66
Author(s):  
Ruhanas Harun
Keyword(s):  
Central Government ◽  
The Philippines ◽  
Southern Region ◽  
Self Determination ◽  
The Political ◽  
Negative Consequences ◽  
Political Autonomy ◽  
Peace Negotiations ◽  
Viable Solution ◽  
Socio Economic Development

The conflict in the Southern Region of the Philippines has been going on for decades with no viable solution to be seen. This is due to the clash of interests, identities and aspirations between both parties. The opposition of the Moro people towards the political domination of the central government has its roots in the colonial times. Their aspirations towards rights of self -determination goes against the interests of the Philippines Government in defending the nation’s sovereignty, security and territorial integrity. The Bangsamoro’s claim to political autonomy and socio-economic development and the removal of discrimination against them is still yet to be properly addressed by the central government, thus reducing their trust in the central government’s sincerity in achieving a peaceful solution to the conflict.  Agreements reached during the peace process were not properly implemented, thus adding pressure to both parties. Peace negotiations are also stunted due to the refusal of both parties to compromise on their stances. Should this conflict continue to drag on, both parties will face negative consequences, especially for the Bangsamoro. The way forward in achieving peace must ensure the survival of the Bangsamoro identity and culture, without being excluded from the Filipino national mould.Keywords: Bangsamoro, conflict of interests, identity, roots of conflict, Southern Region of the PhilippinesCite as: Harun, R. (2017). Konflik Selatan Filipina: Isu, cabaran dan penyelesaian [Conflict in the Southern Region of the Philippines: Issues, challenges, and solutions]. Journal of Nusantara Studies, 2(2), 66-78. AbstrakKonflik yang melanda selatan Filipina antara kerajaan pusat dengan wilayah selatan negara tersebut sejak berdekad lamanya masih gagal menemui sebarang titik penyelesaian disebabkan pertembungan kepentingan, identiti dan aspirasi yang berbeza kedua pihak. Penentangan orang-orang Moro terhadap dominasi kuasa politik kerajaan pusat berakar umbi sejak zaman kolonial lagi. Cita-cita Bangsamoro untuk mendapat hak menentukan masa depan sendiri sebagai sebuah komuniti bebas bertentangan dengan kepentingan dan hak kerajaan Filipina mempertahankan kedaulatan, keselamatan dan keutuhan wilayahnya. Dasar-dasar yang dilaksanakan oleh kerajaan untuk mengintegrasi Bangsamoro ke dalam acuan nasional Filipina mengancam kelangsungan identiti mereka. Tuntutan Bangsamoro untuk mendapatkan autonomi politik, pembangunan sosio-ekonomi serta penghapusan diskriminasi masih belum diberi layanan yang sewajarnya oleh kerajaan pusat. Ini secara tidak langsung menghakis kepercayaan Bangsamoro terhadap keikhlasan pihak kerajaan pusat mengenai proses damai dan kemampuan rundingan yang diadakan bagi mencapai penyelesaian secara aman. Segala persetujuan yang dicapai di sepanjang proses damai tidak dapat dilaksanakan dengan berkesan sekaligus menambah tekanan kepada kedua pihak. Rundingan damai juga menghadapi kebuntuan disebabkan keengganan berkompromi akan pendirian masing-masing. Hakikatnya jika konflik selatan Filipina ini berlanjutan, ia akan merugikan kedua pihak, terutamanya Bangsamoro. Halatuju penyelesaian perlu menjamin penerusan identiti dan budaya Bangsamoro sebagai satu golongan minoriti tanpa meminggirkan mereka dari acuan nasional Filipina.Kata Kunci: Bangsamoro, identiti, punca konflik, pertembungan kepentingan, Selatan Filipina

scholarly journals Dialektyka „swój”–„obcy” w prawicowej filozofii politycznej 1789– –1945

2019 ◽  
Vol 41 (2) ◽  
pp. 29-54
Author(s):  
Adam Wielomski
Keyword(s):  
19Th Century ◽  
French Revolution ◽  
Self Determination ◽  
The Political ◽  
Right Wing ◽  
Liberal State ◽  
Political Left ◽  
The Right ◽  
Political Right ◽  
The 19Th Century

DIALECTICS ‘WE’–‘ALIENS’ IN RIGHT-WING POLITICAL PHILOSOPHY 1789–1945 The aim of the author of this text is to polemicize with the stereotype according to which nationalism is a synonym of the “extreme right.” For this purpose the method of historical exemplification was used. Part I of this text is devoted to defining the concept of the “right” and to present the supporters of the French Revolution and other 19th-century revolutions, their idea of nationalism, the nation-state and sovereignty of the nation. This presentation shows that up to 1890 nationalism is located in the revolutionary left. The first nationalists are Jacobins. The counter-revolutionary right is opposed to nationalism. For this right, nationalism is combined with the idea of empowering nations to the rights of self-determination, which is closely connected with the idea of people’s sovereignty. This situation persists until 1870–1914, when the ideas of national sovereignty are implemented in the politics of the modern states. However, the liberal state does not meet the expectations of nationalists, because it neglects the interests of the nation as the highest value. That is the cause for them moving from the political left to the right part of the political scene, replacing the legitimist right. The latter is annihilated with the decline of aristocracy. In the 19th century, the left is nationalistic and xenophobic. We find clear racist sympathies on the left. The political right does not recognize the right of nations to self-determination, the idea of ethnic boundaries. It is cosmopolitan.

The Nomos and the Gaze

2018 ◽  
Author(s):  
Zoran Oklopcic
Keyword(s):  
International Law ◽  
Popular Sovereignty ◽  
Self Determination ◽  
National Sovereignty ◽  
Territorial Integrity ◽  
Political Autonomy ◽  
The Gaze ◽  
Main Factors ◽  
The Right

Chapter 5 confronted the imagination of the right to self-determination in international law. It focused on the ways in which interpretations of that right hinge on jurists’ implicit cartographies, their scopic regimes, affective predilections, disciplinary self-images, concealed calculi of suffering, visions of alternative universes, false binaries, and their idiosyncratic levels of (im)patience and anxiety, which—together with their quasi-nationalistic professional commitments and dreams of disciplinary sovereignty—remain some of the main factors that determine how international lawyers interpret the national sovereignty, territorial integrity, and political autonomy of everyone else. After having proposed a number of new ways of looking at the claims of the right to self-determination, Chapter 6 ends on a sobering note: as long as jurists remain preoccupied with their own disciplinary self-determination and ‘linguistic’ purity, they will continue reproducing the flat, monochromatic, and vacuous imaginary of popular sovereignty.

Labouring for Kashmir’s azadi: Ongoing violence and resistance in Maisuma, Srinagar

2019 ◽  
Vol 54 (1) ◽  
pp. 27-50
Author(s):  
Sarbani Sharma
Keyword(s):  
Working Class ◽  
Everyday Life ◽  
Central Area ◽  
The Other ◽  
Self Determination ◽  
The Political ◽  
Political Movement ◽  
The One ◽  
The Right ◽  
The City

While much has been said about the historicity of the Kashmir conflict or about how individuals and communities have resisted occupation and demanded the right to self-determination, much less has been said about nature of everyday life under these conditions. This article offers a glimpse of life in the working-class neighbourhood of Maisuma, located in the central area of the city of Srinagar, and its engagement with the political movement for azadi (freedom). I argue that the predicament of ‘double interminability’ characterises life in Maisuma—the interminable violence by the state on the one hand and simultaneously the constant call of labouring for azadi by the movement on the other, since the terms of peace are unacceptable.

Iraqi-Turkish relations and their impact on Kurdistan Region 2003-2017

2019 ◽  
pp. 162
Author(s):  
Abbas Fadhel Atwan
Keyword(s):  
Self Determination ◽  
The Political ◽  
Kurdistan Region ◽  
Security Cooperation ◽  
International Support ◽  
Political Situation ◽  
Recent Developments ◽  
Important Player ◽  
The Right ◽  
The Way

The recent developments in the region, especially Iraq and Syria, represented a historic opportunity for the Kurds, which made them an important player with international support and paved the way for partition and federalism. There is no dispute that the referendum is consistent with general principles such as the right of peoples to self-determination, Others with the Iraqi constitution and mechanisms of independence recognized, but it strengthens the position of the region in negotiations with Baghdad, has raised the date of a referendum on the independence of the Kurdistan region on 25 September 2017 And the political situation in Iraq and Turkey after the referendum of the Kurdistan region, As a result of the failure of each of them to agree to reject the results of the referendum secession of the Kurdistan region and the intensification of sanctions on the region, but also strengthened military and security cooperation between their countries after months of tension between them.

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