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National Minority Rights in Europe$
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Tove H. Malloy

Print publication date: 2005

Print ISBN-13: 9780199274437

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199274437.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 July 2021

Towards a Critical Theory of Co-nation Rights: Forging Ethical Standing through Social Power

Towards a Critical Theory of Co-nation Rights: Forging Ethical Standing through Social Power

Chapter:
(p.289) 9 Towards a Critical Theory of Co-nation Rights: Forging Ethical Standing through Social Power
Source:
National Minority Rights in Europe
Author(s):

Tove H. Malloy

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199274437.003.0010

This chapter attempts to answer the question of why the post-1989 discourse of co-nation rights has been relatively unsuccessful in dislocating the hegemonic identity of modern international law as exemplified in the work of the Council of Europe. It details the discursive formation of the approaches selected by the different empowered actors in European international politics in relation to the discourse of co-nation rights. The chapter discusses how this discursive formation affected co-nation rights and the notion of self-determination. It also explains that critical theory has shown that the dialecticism of national self-determination in the politics of democratisation cannot find a general function within the structure of modern international law.

Keywords:   co-nation rights, hegemonic identity, international law, Council of Europe, self-determination, critical theory, democratisation, discursive formation

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