In this chapter, we explore the complexity of the concept of “identity” as a foundational element upon which collective rights are recognized and protected, both at the international and national levels. The chapter engages with key theoretical perspectives on the structural components of identity, highlighting their significance and interconnections—particularly in relation to the collective. The chapter critically examines the role of the collective in both constituting and constraining the identity and how national identity often takes precedence over the individual identity, providing a sense of belonging. Particular attention is given to the conceptual role of the nation as a carrier of collective identity, the preservationist logic of the nationalism, as an ideology but as well as an organizational principle. The centrality of the nation-state in the contemporary political and legal discourse is discussed, as well as the influence of territoriality and the territorial approach in shaping collective identities. The chapter also explores the tensions and conflicts that can emerge from identity differences, including the dichotomies of universalism and particularism, the rise of regionalism, the emergence of new identities, and the growing relevance of multiple identities in contemporary legal and political discourse.

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Identity as a Basis for Collective Rights

  • Natalija Shikova

摘要

In this chapter, we explore the complexity of the concept of “identity” as a foundational element upon which collective rights are recognized and protected, both at the international and national levels. The chapter engages with key theoretical perspectives on the structural components of identity, highlighting their significance and interconnections—particularly in relation to the collective. The chapter critically examines the role of the collective in both constituting and constraining the identity and how national identity often takes precedence over the individual identity, providing a sense of belonging. Particular attention is given to the conceptual role of the nation as a carrier of collective identity, the preservationist logic of the nationalism, as an ideology but as well as an organizational principle. The centrality of the nation-state in the contemporary political and legal discourse is discussed, as well as the influence of territoriality and the territorial approach in shaping collective identities. The chapter also explores the tensions and conflicts that can emerge from identity differences, including the dichotomies of universalism and particularism, the rise of regionalism, the emergence of new identities, and the growing relevance of multiple identities in contemporary legal and political discourse.