National Minority Rights in Europe [Hardcover]

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. This book reviews the impact of the discourse of national minority rights on the European inter-governmental approach to national minority accommodation after 1989, and proposes an alternative framework for national minority accommodation based upon multiple loyalties, critical citizenship, and discursive justice.

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

Tove H. Malloyis a Senior Research Associate with ECMI where she is Head of the EU Department. She is a permanent member of the Danish Foreign Service, from which she is currently ls.