This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic event may (...) seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

Iris Marion Young’s politics of difference promotes equality among socially and culturally different groups within multicultural states and advocates group autonomy to empower such groups to develop their own voice. Extending the politics of difference to the international sphere, Young advocates “decentered diverse democratic federalism” that combines local self-determination and cosmopolitanism, while adamantly rejecting nationalism. Herr argues that nationalism, charitably interpreted, is not only consistent with Young’s politics of difference but also necessary for realizing Young’s ideal in the global arena.

Western democracy theorists accept the "liberal democracy thesis" and claim that the only morally justifiable conception of democracy is liberal democracy regulated by substantive liberal values. According to this thesis, democracy not regulated by liberal values in nonliberal nations, if at all feasible, necessarily leads to the oppression of minorities and is therefore morally unjustifiable. This article aims to refute the liberal democracy thesis by arguing that democracy in "decent" nonliberal nations is not only feasible but also morally justifiable.

National minority women’s defense of nonliberal minority cultures that encompass sexist customs and rules has greatly perplexed liberal theorists. Many attempted to resolve this puzzle by attributing constrained agency to such women and dismissing their defense as unreasonable. This article argues that this liberal assessment of minority women’s position is philosophically indefensible and that the failure of mainstream liberalism to make sense of these women’s response indicates not that these women’s agency is compromised but rather that the liberal conception of (...) agency as autonomy at the heart of the liberal framework has limits in its crosscultural applicability. A conception of agency, valuational agency, that illuminates minority women’s agency is proposed as a more plausible alternative for radically pluralistic societies. -/- . (shrink)