The Demise of the Nation-State: Towards a New Theory of the State Under International Law
The Demise of the Nation-State: Towards a New Theory of the State Under International Law By James D. Wilets* I. INTRODUCTION It may seem premature to speak of the demise of the nation-state' when the last decade has seen the proliferation of ever-smaller nation-states throughout Eastern Europe and Asia and the demand for secession from national move- ments in countries as diverse as Canada, Yugoslavia, Sri Lanka, Indonesia, Rus- sia, Spain and India. Nevertheless, the seemingly contradictory centrifugal forces of nationalism and the centripetal forces of confederation and federation are simply different stages of the same historical process that have been occur- ring since before the 17th century. 2 This historical process has consisted of * Assistant Professor of International Law, Nova Southeastern University, Shepard Broad Law Center; Executive Director, Inter-American Center for Human Rights. J.D., Columbia Univer- sity School of Law, 1987; M.A., Yale University, 1994. Consultant to the National Democratic Institute, 1994; the International Human Rights Law Group, 1992; and the United Nations in its Second Half Century, a project proposed by UN Secretary-General Boutros-Ghali and funded by the Ford Foundation. I would like to thank Sir Michael Howard and Michael Reisman for their valuable comments on the first drafts. I would also like to thank Johnny Burris, Tony Chase, Douglas Donoho, Kevin Brady, Carlo Corsetti, Luis Font, Marietta Galindez, Rhonda Gold, Elizabeth Iglesias, Jose Rodriguez, Stephen Schnably and the entire library staff at the NSU Law Center for their enormously valuable comments, input, assistance and support. Any and all errors in fact are entirely mine.
[Show full text]