Towards the end of the first world war, a “principle of self-determination” was proposed as a foundation for international order. In the words of its chief advocate, U.S. President Woodrow Wilson, it specified that the “settlement of every question, whether of territory, of sovereignty, of economic arrangement, or of political relationship” is to be made “upon the basis of the free acceptance of that settlement by the people immediately concerned and not upon the basis of the material interest or advantage (...) of any other nation or people which may desire a different settlement for sake of its own exterior influence or mastery” (Wilson 1927, 233). The principle played a significant role in deliberations about lands newly liberated by the first world war, and, in the aftermath of the second, it was enshrined within Article 1 of the United Nations Charter which called upon member nations “to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples.” Its status within international law was further heightened by the 1966 Covenants on Civil and Political Rights and on Economic Social and Cultural Rights, whose first articles specify the following: “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social, and cultural development.” In 1970, General Assembly Resolution 2625 added that, “every state has the duty to respect this right in accordance with the provision of the Charter.”. (shrink)

The principle of national self-determination has usually been justified by extending to national groups an entitlement that individuals are regarded as having, namely, to the conditions necessary for their self development. In order to extend the concept of self-determination to nations in this way, an argument that it is important for nations to exist within their own political communities must be given. In this essay, I describe and criticize one type of argument for such a principle of national self-determination – (...) what I will call the communitarian argument.Contemporary communitarians usually contend that determining who rightfully has membership in a political community must precede the allocation of rights and responsibilities between members. Community is understood to mean a national community; membership in communities therefore results from the ascription of national identities to individuals and to the consequent sorting out of loyalties that follows from this ascription. A right of self-determination for nations is required, on this view, in order to ensure that political communities are legitimately formed in accordance with national identities. (shrink)

A defining feature of democracy is the inclusion of members of the political association. However, the corresponding right to exclusion has attracted undeservedly scant attention in recent debates. In this paper, the nature of the right to exclusion is explored. On the assumption that inclusion requires the allocation of legal power-rights to the people entitled to participate in the making of collective decisions, two conceptions of the right to exclusion are identified: the liberty-right to exclude and the claim-right to exclude. (...) The choice between them depends on the nature of the interests that justifies the power-rights of people included. The position is defended that if rights to democratic participation are power-rights, we must also accept that the people included have claim-rights to the exclusion of non-members. (shrink)