National Self-Determination: A Sub- and Inter-State Conception

Posted: 15 Feb 2001

See all articles by Chaim Gans

Chaim Gans

Tel Aviv University - Buchmann Faculty of Law

Abstract

The right of national groups to self-government should be universally conceived of in sub-statist forms. Instead of interpreting the right to national self-determination in terms of independent statehood, it should in all cases be conceived of as a package of privileges to which each national group is entitled in its main geographic location, normally within the state that coincides with its homeland. According to this sub-statist conception, self-determination is not a right of majority nations within states vis-a-vis national minorities, but rather a right of homeland groups vis-a-vis non-homeland groups. It is a right to which each national group in the world is entitled, and which must be realized in at least one place.

Keywords: National self-determination, group rights, freedom of emigration, global justice

Suggested Citation

Gans, Chaim, National Self-Determination: A Sub- and Inter-State Conception. Available at SSRN: https://ssrn.com/abstract=258432

Chaim Gans (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
University Campus, Ramat Aviv
Tel Aviv 69978
Israel
972-3-6408164 (Phone)

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