Human Rights International Law

Minorities and the Making of Postcolonial States in International Law

By Mohammad Shahabuddin
Cambridge University Press June 2021

Specifications

ISBN-13
9781108483674
Publisher
Cambridge University Press
Publication
June 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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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.

Table of Contents

Part I
1. Geneses of ethno-nationalism in postcolonial states
2. Minorities and the 'ideology' of the postcolonial state
Part II
3. The postcolonial 'national' state: boundaries and international law
4. The postcolonial 'liberal' state: self-determination, minorities, and international law
5. The postcolonial 'developmental' state: minority perspectives and international law
Conclusion
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