MINELRES: New book: National Minority Rights in Europe, by Tove H. Malloy, Oxford University Press, 2005

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Mon Jul 18 09:41:37 2005


Original sender: Ryan Simmons <ryan.simmons@oup.com>


http://www.oup.co.uk/isbn/0-19-927443-6?view=lawview

National Minority Rights in Europe
Tove H. Malloy
Price: ?60.00 (Hardback)
0-19-927443-6
Publication date: 9 June 2005
400 pages, 234mm x 156mm 

A sample of this book is available in PDF format:
http://www.oup.co.uk/pdf/0-19-927443-6.pdf

Description 

- Self-determination and separatism are highly topical and controversial
legal and political issues
- Interdisciplinary approach will appeal to political and legal
theorists and seeks to bridge the gap between international law and
politics.
 
Separatism is a highly topical and controversial legal and political
issue. The conflicts in the Balkans of the 1990s have revived the
unresolved issue of national minority self-determination in
international law and also, in European politics, the issues of how to
deal with sub-state nationalisms and group recognition, and how to
enable the political inclusion of national minorities. 

National Minority Rights reviews the European inter-governmental
approach in international law and politics through analysis of issues
related to the moral recognition and ethical acceptance of national
minorities. Examining issues of sub-state nationalisms, group
recognition, identity, and political participation, Malloy reveals
assumptions in international law and politics about state sovereignty,
collective rights, loyalty, and political inclusion. Employing both
theoretical analysis and practical examples, Malloy provides a new
framework for the accommodation of national minorities in Europe, which
aims to address the problems that have emerged from both international
law and European relations since 1989. 

Part I examines the emerging national minority rights scheme since 1989
and explores concepts of the nature and scope of national minority
rights. Malloy suggests that these rights have perhaps been
mis-categorized and under-explored. Part II examines the discourse in
the light of contemporary political theory on nationalism and
multiculturalism, and the politics of identity, difference, and
recognition as well as discursive approaches to democracy. Based upon
these analyses, she develops an alternative framework for national
minority accommodation based upon multiple loyalties, critical
citizenship, and discursive justice. This alternative model overcomes
the dichotomies of individualism-collectivism and
universalism-particularism, contending that minority rights should be
seen as collective political autonomy rights rather than as individual
cultural human rights. Using this model, Part III examines the
assumptions underlying the politics of democratization, taking as
examples the work of the Council of Europe and the politics of European
Union integration. Malloy questions the ability of the national minority
rights discourse to inform international law in its efforts to protect
national minorities in an ethical manner. Instead, she contends that the
complex processes of constitutionalism in the realm of European
integration might provide a better way to accommodate national
minorities. 
 

Readership: Scholars and advanced students of legal and political
theory, human rights, minority rights, international law, European
politics, international relations and international organizations.
Policy-makers of domestic and international policies on national
minority accommodation. 

Contents 
Preface
List of Abbreviations
Introduction
PART I Problematization: Individualism and Collectivism
1 Overview: national minority, or co-nation?
2 Co-nation rights after 1989: cultural, or political rights?
3 Co-nation rights and the concept of "collective rights": human rights,
or institutional rights?
PART II In Theory: Universalism and Particularism
4 Liberalism and nationalism: the problem of co-nation inclusion in
national self-determination
5 Liberalism and the constitutive community: recognition and individual
practical reasoning in self-determination
6 Liberal democracy and the discursive approach: ethics, virtues and
cosmopolitan consideration
PART III In Practice: Emancipation and Empowerment
7 The Council of Europe and the legal discourse: the problem of de jure
state sovereignty
8 The Council of Europe and the possibilities of de facto state
sovereignty
9 Conclusions: democratization as accommodation
Appendix
International documents
Bibliography
 
Authors, editors, and contributors 

Tove H. Malloy, Senior Research Associate and Head of EU Department,
ECMI and Head of EU Department, permanent member of the Danish Foreign
Service, from which she is currently on leave


Kind Regards,

Ryan Simmons 
Law & Marketing assistant 

Oxford University Press 
Great Clarendon Street 
Oxford 
OX2 6DP 
t.   01865 353375 
e.  ryan.simmons@oup.com 
w.
www.oup.co.uk

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