Legalized Politics of Recognition of States in International Law: A Case of ‘Realpolitik’, Not Law

2020 ◽  
Author(s):  
Adithya Anil Variath
2022 ◽  
Author(s):  
Jessika Eichler

This textbook offers insights into the recently established special rights regime on indigenous peoples’ rights at international level. The reader is guided from the early beginnings of this issue in the 1970s to current jurisprudential developments. International and regional norms are introduced and contrasted with societal and political challenges. The book also opens broader debates on the politics of recognition and decolonisation, multilateral systems and global governance, the pluralisation of society and its institutions, collective rights and the meaning of civil, political, economic, social and cultural rights. This group-specific field of the international human rights protection system is viewed through the lenses of international law and socio-political approaches.


Author(s):  
Nicole Scicluna

This chapter investigates how-and how effectively-international law strikes a balance between the individual and collective rights of people, and the prerogatives of sovereign states. It begins by exploring the what, who, and where of self-determination. Self-determination is a concept that has meant different things to different people at different times. Its meaning under international law can only be understood in relation to the shifting paradigms of international politics in the twentieth and twenty-first centuries. The chapter discusses the Wilsonian principle of self-determination and its partial application during the interwar period. It then turns to the post-Second World War rebirth of self-determination as a right of colonized peoples to independent statehood. The chapter also considers the concept of internal self-determination, before analysing what external self-determination has come to mean in non-colonial contexts and the problem of remedial secession. Finally, it examines the law and politics of recognition of statehood.


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