Document Type
Article
Publication Date
2008
Publication Citation
2 Law & Ethics of Human Rights 311 (2008)
Abstract
Anyone reading Yuval Shany's response to my article, "The Blessing of Departure -- Exchange of Populated Territories: The Lieberman Plan as an Abstract Exercise in Demographic Transformation," would hardly characterize it as "agreement." In part this is because Shany builds his case by assuming I am saying something about self-determination that misses -- at least misplaces -- my real point. This is unfortunate, both as it masks the fact that Shany and I actually agree transfers can be legal, and it distracts attention from the points of real, substantive disagreement. The misreading is not an accident, rather the product of a patterned view. The points of disagreement, center on: whether transfer is a harm per se; whether the presence of a minority affects the state's power to transfer; whether there is a positive right not to be denationalized; and whether there is a hierarchy of rights.
Recommended Citation
Waters, Timothy W., "A Different Departure: A Reply to Shany's "Redrawing Maps, Manipulating Demographics: On Exchange of Populated Territories and Self-Determination"" (2008). Articles by Maurer Faculty. 21.
https://www.repository.law.indiana.edu/facpub/21