Suchergebnisse

Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- Editorial Advisory Board -- Foreword -- Acknowledgements -- Editor -- Abbreviations -- Introduction or a prelude to stories of an ambivalent relationship -- Part I General International Law Issues -- Chapter 1 Glimpses of international law discourse -- Chapter 2 Framework of engagement with international law -- Chapter 3 Judicial invocation of international law -- Chapter 4 Involvements in international courts and tribunals -- Part II Sources -- Chapter 5 Customary international law -- Chapter 6 The law of treaties and treaty reservations -- Part III Statehood -- Chapter 7 Territory, people, and self-determination -- Chapter 8 Citizenship and statelessness -- Chapter 9 Natural resources -- Chapter 10 International watercourse law -- Chapter 11 Marine resources and the blue economy -- Part IV International Environment Law -- Chapter 12 International environmental law -- Chapter 13 Climate change and human mobility -- Chapter 14 Sustainable development -- Part V International Economic Law -- Chapter 15 Intellectual property rights and other trade and development challenges -- Chapter 16 LDC graduation and WTO challenges -- Chapter 17 International investment agreements -- Part VI International Criminal Law -- Chapter 18 International criminal law: historical perspectives -- Chapter 19 Substantive law of the international crimes tribunal (Bangladesh) -- Chapter 20 Crimes against humanity and the principle of legality -- Part VII The State and Its Others -- Chapter 21 Women and a national imaginary -- Chapter 22 Rohingya refugees -- Chapter 23 Religious minorities -- Chapter 24 Indigenous peoples and ethnic minorities -- Chapter 25 Readymade garment workers and inchoate compensation rights -- Chapter 26 Slum dwellers and forced evictions.

The ideological function of the postcolonial 'national', 'liberal', and 'developmental' state inflicts various forms of marginalisation on minorities, but simultaneously justifies oppression in the name of national unity, equality and non-discrimination, and economic development. International law plays a central role in the ideological making of the postcolonial state in relation to postcolonial boundaries, the liberal-individualist architecture of rights, and the neoliberal economic vision of development. In this process, international law subjugates minority interests and in turn aggravates the problem of ethno-nationalism. Analysing the geneses of ethno-nationalism in postcolonial states, Mohammad Shahabuddin substantiates these arguments with in-depth case studies on the Rohingya and the hill people of the Chittagong Hill Tracts, against the historical backdrop of the minority question in Indian nationalist and constitutional discourse. Shahabuddin also proposes alternative international law frameworks for minorities.

Ethnicity and International Law presents an historical account of the impact of ethnicity on the making of international law. The development of international law since the nineteenth century is characterised by the inherent tension between the liberal and conservative traditions of dealing with what might be termed the 'problem' of ethnicity. The present-day hesitancy of liberal international law to engage with ethnicity in ethnic conflicts and ethnic minorities has its roots in these conflicting philosophical traditions. In international legal studies, both the relevance of ethnicity, and the traditions of understanding it, lie in this fact.