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  • Leiden Journal of International Law, Volume 26, Issue 3
  • September 2013, pp. 509-529

Beyond Empty, Conservative, and Ethereal: Pluralist Self-Determination and a Peripheral Political Imaginary

Abstract
Abstract

Over the last couple of years, a stream of pluralist theories of international legal order has developed at the intersection of international law and political theory, having immediate implications for conceptualizing self-determination. The understanding of self-determination under the framework of bounded, constitutional, and radical pluralism markedly departs from the previous wave of normative theories in the 1990s: self-determination is now evacuated from the field of national pluralism and struggles over territory.

This article does not question the thrust of pluralists’ recent work, but complements their critical attunement to global disparities of power, and complicates their neglect of nationalism and rejection of territorial reconfigurations as self-determination's core meaning. In doing so, it unearths two visions that come from the (semi-)periphery of the international political order. The first belongs to Edvard Kardelj, pre-eminent Yugoslav theorist of socialist self-management and the Non-Aligned Movement. The second belongs to Leopold Sédar Senghor, the poet and politician, advocate of négritude, a proponent of French West African integration, and a constitutional advocate for the reconfiguration – not abolition – of the French Union, the heir to the French Empire. While they are suspicious of extensive territorial reconstruction, like contemporary pluralists, unlike them they have seen a role for territorial reconfigurations in the name of national plurality.

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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

B. Roth, Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order (2011)

J. Cohen, Globalization and Sovereignty: Rethinking Legality, Legitimacy and Constitutionalism (2012).

N. Krisch, Beyond Constitutionalism: The Pluralist Structure of Postnational Law (2010)

N. MacCormick, Questioning Sovereignty: Law, State and Nation in the European Commonwealth (1999), 167

S. Samardzic, ‘Yugoslav Federalism: Unsuccessful Model of a Multinational Community’, (1996) 6 International Review of Sociology: Revue internationale de sociologie 249

J. Lewis, ‘The MRP and the Genesis of the French Union’, (1998) 12 French History 276

F. Cooper, ‘Alternatives to Nationalism in French Africa, 1945–60’, in J. Dülffer and M. Frey (eds.), Elites and Decolonization in the Twentieth Century (2011), 110

M. Al Attar and R. Miller, ‘Towards an Emancipatory International Law: The Bolivarian Reconstruction’, (2010) 31 (3) Third World Quarterly 347, 353

S. Wheatley, ‘A Democratic Rule of International Law’, (2011) 22 EJIL 525

R. Smith, ‘The Principle of Constituted Identities and the Obligation to Include’, (2008) 1 (3) Ethics & Global Politics 139

A. Gupta, ‘The Song of the Nonaligned World: Transnational Identities and Reinscription of Space in Late Capitalism’, (1992) 7 (1) Cultural Anthropology 63

R. Parfitt, ‘B. R. Roth. Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order’, (2012) 23 EJIL 1175

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Leiden Journal of International Law
  • ISSN: 0922-1565
  • EISSN: 1478-9698
  • URL: /core/journals/leiden-journal-of-international-law
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