Human Rights

Download Democratic Governance and Non-State Actors by Anne-Marie Gardner PDF

By Anne-Marie Gardner

This e-book investigates no matter if overseas criteria of fine governance are utilized to sub-state actors in addition to to states.   by way of analyzing the foreign reaction to self-determination claims, this undertaking demonstrates that the overseas group does certainly carry sub-state teams responsible to such standards.  Claimant teams that experience internalized human rights and democratic norms usually tend to obtain overseas help within the kind of empowerment (promoting a few type of self-governance).   to demonstrate the causal forces at paintings, the publication provides 3 qualitative case studies--Kosovo, Nagorno-Karabakh, and the Western Sahara--to show that predictable alterations within the overseas reaction take place as overseas notion of every claimant group’s democratic checklist varies over time. 

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The established law on self-determination is most clearly applicable to former European colonies and historical precedent emphasizes independence as the preferred outcome. Yet most post–Cold War selfdetermination claims do not easily fit this description and the term self-determination is almost taboo in the international community given its strong association with independence movements. If the case does not fit this established law of self-determination—applied primarily to colonial territories, as defined in legal instruments and practice from decolonization—then a Legalist approach would look to other international law that may bear upon the particular case in order to delimit the international response.

Under this view, self-determination as a concept has no theoretical usefulness; strategies promoted by the international community are a function of the constellation of material interests involved in individual cases, with preference given to preserving existing state borders and interests of the Great Powers. But this explanation is theoretically incomplete; states’ motivations may include a desire to support a particular normative system— upholding values that are seen as conducive to system stability or that a state’s leaders or population feel are intimately tied to the state’s identity and ought to be encouraged or replicated elsewhere.

6 The range of policy options available can be narrowed by weeding out those actions that are contrary to agreed norms or by selecting those that advance accepted standards. 7 Under a strict interpretation of international law, the unfolding of decolonization and even application of the principle to noncolonial cases can be explained by the rules embodied in the 1960 Declaration on the Granting of Independence to Colonial Countries and Peoples. 8 Thus, analyzing post–Cold War self-determination cases is not a matter of reading the map so much as determining which map applies, often resulting in subjective interpretation of political histories, favoring past grievances over existing borders in some cases but not in others.

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