Peoples and international law / / by James Summers.

• Superior document: The Erik Castrén Institute Monographs on International Law and Human Rights, Volume 17
• Author: Summers, James.
• Place / Publishing House: Leiden, Netherlands : : Brill Nijhoff,, 2014.; ©2014
• Year of Publication: 2014
• Edition: Second revised edition.
• Language: English
• Series: Erik Castrén Institute monographs on international law and human rights ; v. 17.
• Physical Description: 1 online resource (671 p.)
• Notes: Description based upon print version of record.

Peoples and International Law is a detailed survey of the law of self-determination with a focus on the concept of nations and peoples. It engages with different aspects of this law with particular emphasis on the drafting and implementation of international instruments. The second edition includes new coverage of the Declaration on the Rights of Indigenous Peoples and the African and Arab charters. It considers recent practice by the Human Rights Committee, Committee on Economic, Social and Cultural Rights and African Commission on Human and Peoples' Rights dealing with the emerging political

Table of Contents

Peoples and International Law; Copyright; Dedication; Contents; Acknowledgements; List of Abbreviations; Table of Cases; Table of Treaties; Table of Legislation; Introduction; 1. An Outline of the Study; 2. The Terminology of Self-Determination: A Few Basic Terms; A. "People"; B. "Nation"; C. "Population"; D. "Minority"; E. "Indigenous People"; F. "Country"; 1. Peoples' Rights and the Foundations of International Law; Outline; 1. Nationalism; 2. Liberalism; 3. Nationalism, Liberalism and International Law; Concluding Remarks; 2. Self-Determination; Outline

1. The Concept of Self-DeterminationA. The Rhetoric of Self-Determination; B. The Goals of Self-Determination; C. The Role of the Will of the People; 2. The Aspects of Self-Determination; A. Inherent or Remedial; B. Internal and External; 3. The Status of Self-Determination in International Law; A. Principle and Right; B. Jus Cogens and Peremptory Norms; C. Erga Omnes; Concluding Remarks; 3. National Ties, Legal Principles and Identifying Peoples; Outline; 1. Levels to National Ties; 2. Some National Ties; A. Subjective Ties (Identity); B. Politics and Government; C. Language; D. Religion

E. Race and DescentF. Territory and Geography; G. History; Concluding Remarks; 4. The Historical Development of Self-Determination; Outline; 1. The Foundations for National Self-Determination; 2. The Nation-State and Internal and External Sovereignty; 3. Government with the Consent of the Governed; 4. Liberalism, National Patriotism and the Law of Nations; 5. The French Revolution; A. The Revolution; B. Edmund Burke's Reflections on the Revolution; 6. The Nationality Principle; A. The Congress of Vienna 1815; B. Liberal Nationalism; C. Application of the Nationality Principle

7. The End of the First World WarA. From Nationality to National "Self-Determination"; B. Self-Determination at the Conference; Concluding Remarks; 5. Self-Determination in United Nations Instruments; Outline; 1. The United Nations Charter 1945; A. The Atlantic Charter; B. We the Peoples...; C. The Balance in the Charter; D. The Trust and Non-Self-Governing Systems; 2. The Colonial Independence Declaration 1960; A. Drafting; B. The Balance in the Colonial Independence Declaration; C. Colonialism; D. Self-Determination; 3. General Assembly Resolution 1541 (XV) 1960; A. Drafting

B. The Non-Self-Governing TerritoryC. Self-Government; 4. The Friendly Relations Declaration 1970; A. Drafting; B. Territorial Integrity in the Friendly Relations Declaration; I. Interpretation in the Drafting; II. Subsequent Interpretation; C. Peoples; D. Self-Determination; I. Immediate and Progressive; II. The Use of Force; 5. The Declaration on the Rights of Indigenous Peoples 2007; A. Drafting; B. Indigenous Peoples; C. Self-Determination; I. The Balance with Territorial Integrity; II. The Content of Self-Determination; Concluding Remarks

6. Self-Determination in Organisation for Security and Cooperation in Europe Instruments