58 ŽDANOKA v. LATVIA JUDGMENT – DISSENTING OPINION OF JUDGE ZUPANČIČ forbidden by Article 4 of Protocol No. 41. The prohibition of the collective expulsion of aliens indicates a clear legal answer to this question, if indeed there is a need for one. This answer is tolerance in the passage of time. The dilemma is not specific to the Baltic States. In fact the whole of European history, not to speak of its horrific colonial cruelties, is replete with the recurrent “movement of nations” – usually by means of wars and violent takeovers. Needless to say, in terms of international law – in so far as its criteria applied at all – most of these takeovers were utterly “illegal”. It is for the historians to assess the end results of this mixing of populations, determining who in any particular case were the victors and who the vanquished. The issue, however, has always been the preservation of national identity versus assimilation. In terms of international law, Woodrow Wilson’s formula concerning “self-determination of nations” implies, as he had been warned by his advisers at the time, a wide-ranging particularisation and ethnic intolerance2. Parallel to this process of particularisation, however, we have today an intense global process of universalisation. It goes under the name of “globalisation”. Some legal theorists, among them Roberto Mangabeira Unger of Harvard, even maintain that the current intense reversion to “the preservation of national identity”, or the pandemonium of nationalism, is a regressive and over-compensatory reaction not to interstate conquests but to the process of globalisation. This is happening through commercial ties and through the means of global communications that insistently and gradually obliterate residual value hierarchies, ethnic attributes, and distinctive cultural productivity. In international-law circles there is talk of legal and cultural imperialism3. 1. Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, ETS no. 46, came into force on 2 May 1968. Article 4: “Collective expulsion of aliens is prohibited.” 2. See Daniel Patrick Moynihan’s Oxford Lectures on this question entitled “Pandaemonium: Ethnicity in International Politics” (1993). The title refers to the resulting outbreak of nationalism. “Every spot on this earth – well, nearly every one – is inhabited nowadays by two, three, or more peoples that differ in race, religion, or ethnic background. For each of these disparate groups, the same spot is their inalienable land, their rightful home, their patrimony. The origins of this multi-tribal cohabitation vary greatly. Sometimes one tribe conquered the territory inhabited by another tribe without expelling or killing all the ‘natives’. In other cases, racially or ethnically disparate people were imported as slaves or indentured labour, or welcomed as voluntary immigrants.” “Pandaemonium: Ethnicity in International Politics”, review by Fred C. Ikle (http://www.findarticles.com/p/articles/ mi_m2751/is_n32/ai_14182726/print). 3. The growing literature on the doctrine of international law now unveils how international legal scholars such as Vitoria, Grotius, de Vattel, Westlake and others bent their legal reasoning, be it through natural law or positivistic approaches, to serve their sovereigns in justifying expansionist interests. (See Anghie, Antony, Imperialism, Sovereignty and the Making of International Law, Cambridge University Press, Cambridge,