Collective Equality: Human Rights and Democracy in Ethno-National Conflicts

This book argues that international and regional human rights norms have created tensions between primary political arrangements and human rights norms, failing to account for ethnically based political exclusion and inequalities. It proposes the concept of Collective Equality as a new theoretical basis for the law of peace to address these tensions and advance justice and peace in ethno-national conflicts.

Format: Hardback
Length: 320 pages
Publication date: 27 April 2023
Publisher: Cambridge University Press

In recent years, there has been a growing trend towards incorporating international and regional human rights norms into constitutional provisions, leading to significant tensions between primary political arrangements, such as power-sharing institutions, and human rights standards. This book argues that these tensions, often framed as a conflict between peace and justice, stem from an individualistic conception of justice that fails to account for the empirical realities of places characterized by ethnically based political exclusion and inequalities. To address this issue, the book introduces the concept of Collective Equality as a novel theoretical framework for the law of peace. By employing principled, pragmatic, and legal reasoning, the book develops a new paradigm that captures more accurately the meaning and requirements of equality and human rights in the context of ethno-national conflicts. This paradigm provides valuable guidance for advancing justice and peace in these regions.

The individualistic conception of justice, which underpins the peace versus justice dilemma, fails to recognize the complex realities of ethnically based political exclusion and inequalities. This conception treats individuals as autonomous agents who are entitled to their rights without considering the broader social and political context in which they exist. As a result, it fails to address the root causes of conflict and perpetuates cycles of violence and injustice.

Collective Equality, on the other hand, takes a more holistic approach to justice by recognizing the interdependence of individuals and groups within society. It acknowledges that equality and human rights cannot be achieved solely through individual actions or legal reforms but require collective efforts to address the structural inequalities that perpetuate conflict.

The book proposes a new approach for dealing with the tensions between peace-related arrangements and human rights norms. It advocates for a principled and pragmatic approach that balances the interests of different stakeholders and promotes the development of inclusive and sustainable peace processes. This approach involves engaging with local communities, civil society organizations, and other actors to address the root causes of conflict and promote social cohesion and reconciliation.

Furthermore, the book develops a legal framework that supports the implementation of Collective Equality. It emphasizes the importance of international and regional human rights standards as a foundation for the law of peace and provides guidance on how to integrate these standards into peace agreements and other legal frameworks. The book also highlights the role of national and local courts in ensuring the enforcement of human rights and promoting the rule of law.

In conclusion, this book offers a timely and innovative approach to dealing with the tensions between peace-related arrangements and human rights norms. By introducing the concept of Collective Equality as a new theoretical basis for the law of peace, it proposes a new paradigm that captures more accurately what equality and human rights mean and require in the context of ethno-national conflicts. Through principled, pragmatic, and legal reasoning, the book develops a new paradigm that provides valuable guidance for advancing justice and peace in these regions.

Weight: 660g
Dimension: 159 x 238 x 27 (mm)
ISBN-13: 9781316514825