Democracy Minorities And International Law

Author : Steven Wheatley
Publisher : Cambridge University Press
Page : 246 pages
File Size : 42,8 Mb
Release : 2005-12-22
Category : Law
ISBN : 0521848989

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Democracy, Minorities and International Law by Steven Wheatley Pdf

This work explores the contribution that international law may make to the resolution of culture conflicts--political disputes between the members of different ethno-cultural groups--in democratic States. International law recognizes that persons belonging to minorities have the right to enjoy their own culture and peoples have the right to self-determination without detailing how these principles are to be put into effect. The emergence of democracy as a legal obligation of States permits the international community to concern itself with both the procedure and substance of 'democratic' decisions concerning ethno-cultural groups.

Author : Athanasia Spiliopoulou Åkermark
Publisher : BRILL
Page : 331 pages
File Size : 55,7 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004479876

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Justifications of Minority Protection in International Law by Athanasia Spiliopoulou Åkermark Pdf

This volume examines minority protection in international law. Its task is twofold: to examine existing methods of minority protection, and to analyse the underlying justifications of minority protection as reflected in international legal standards and discourse. Part I outlines the theoretical framework; Part II addresses minority protection and its justifications in the League of Nations, the Council of Europe, the OSCE and the United Nations. Finally, the author argues that it is possible to develop a working holistic approach to minority protection combining protection of peace, human dignity and culture.

Author : European Commission for Democracy through Law
Publisher : Council of Europe
Page : 444 pages
File Size : 51,6 Mb
Release : 1994-01-01
Category : Political Science
ISBN : 928712647X

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The Protection of Minorities by European Commission for Democracy through Law Pdf

This publication aims to make the Venice Commission's work in the field of protection of minorities more available to the public. It includes, on the one hand, the Proposal for a European Convention on the protection of minorities, as a reply to the heartfelt need for protection of minorities at the European level. The proposal and its explanatory report appear in the first chapter of the publication. This publication includes, in addition, firstly the report on the protection of minorities at domestic law level which was drawn up within the framework of the Venice Commission and secondly the report concerning the special protection of which minorities can take advantage in States with a Federal or Regional structure. The report in question was established on the basis of replies provided by representatives of several European and non-European States to a questionnaire drawn up by the Commission; the questionnaire, together with the replies, appears in an Appendix to the report. Perusal of the replies given by representatives of different States to the same question allows for a rapid appraisal of the solutions adopted in national laws to identical problems of protection of minorities. The European Commission for Democracy through Law considers the question of the protection of minorities to be one of the most important fields of its activity. (Adapted from.

Author : Allan Rosas,Jan Helgesen,Diane Goodman
Publisher : Martinus Nijhoff Publishers
Page : 266 pages
File Size : 50,9 Mb
Release : 2022-06-13
Category : Law
ISBN : 9789004479388

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The Strength of Diversity by Allan Rosas,Jan Helgesen,Diane Goodman Pdf

At the beginning of the 1990's, all CSCE (Conference on Security and Co-operation in Europe) States committed themselves to pluralist democracy, the rule of law and human rights and fundamental freedoms. The idea of pluralist democracy is also gaining ground in other parts of the world.

Author : Anna-Mária Bíró,Dwight Newman
Publisher : Taylor & Francis
Page : 212 pages
File Size : 52,9 Mb
Release : 2022-11-11
Category : Political Science
ISBN : 9781000781526

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Minority Rights and Liberal Democratic Insecurities by Anna-Mária Bíró,Dwight Newman Pdf

This book addresses the impact of a range of destabilising issues on minority rights in Europe and North America. This collection stems from the fact that liberal democracy did not bring about the “end of history” but rather that the transatlantic region of Europe and North America has encountered a new era of instability, particularly since the global financial crisis. The transatlantic region may have appeared to be entering a period of stability, but terrorist attacks on the soil of Euro-Atlantic states, the financial crisis itself and other changes, including mass migration, the rise of populism, changes in fundamental political conceptions, technological change, and most recently the Covid pandemic, have brought increasing uncertainties and instabilities in existing orders. In these contexts, the book investigates the resulting difficulties and opportunities for minority rights. Bringing together scholars from a range of disciplines who are engaged in work on various unstable orders, the book provides a unique and largely neglected perspective on present developments as well as addressing the pressing issue of the future of the minority rights regime at global, regional and national levels. This book will appeal to those with interests in minority rights, human rights, nationalism, law and politics.

Author : Marc Weller,Katherine Nobbs
Publisher : Unknown
Page : 921 pages
File Size : 48,8 Mb
Release : 2010
Category : Law
ISBN : 9780199569984

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Political Participation of Minorities by Marc Weller,Katherine Nobbs Pdf

This Commentary provides the reader with a review of international standards and practice relating to the political participation of minorities. Political participation has been increasingly recognized as a foundational issue in the debate about minority rights. It is argued that minorities are more likely to feel co-ownership in the state if they have the opportunity to participate freely and effectively in all aspects of its governance, and that sustained and meaningful engagement will guard against the sense of alienation and exclusion among minorities that often emerges in ethnically divided societies. Taking as its starting point the two most important standard-setting documents in the field - the Lund Recommendations on the Effective Participation of National Minorities in Public Life, developed by the Organization for Security and Cooperation in Europe, and the Council of Europe's Thematic Commentary on the Issue of Political Participation of Minorities - the Commentary locates the international legal entitlement to political participation within the wider context of the right to democratic governance. It also considers effective participation in relation to the right to full and effective equality, as well as the legal entrenchment of these provisions and implementation mechanisms. Individual chapters then consider each of the principal mechanisms aimed at enhancing political participation, ranging from procedures covering minority representation in political institutions to consultative mechanisms and autonomy solutions. The Commentary draws on a team of experts, all of whom are recognized authorities in this specialized area of minority issues.

Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 349 pages
File Size : 51,8 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781108843133

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Democracies and International Law by Tom Ginsburg Pdf

Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.

Author : James Crawford
Publisher : Cambridge University Press
Page : 48 pages
File Size : 49,9 Mb
Release : 1994-04-28
Category : Law
ISBN : 0521468353

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Democracy in International Law by James Crawford Pdf

Professor Crawford's inaugural lecture as Whewell Professor of International Law at Cambridge addresses a number of facets of the relationship between international law and democratic principles. In particular he examines the ways in which international law may or may not underwrite those principles, a subject which has increased greatly in significance as governments and international organisations search for a 'New World Order' in the post Cold War world.

Author : Steven Wheatley
Publisher : Oxford University Press
Page : 220 pages
File Size : 51,8 Mb
Release : 2019-01-17
Category : Law
ISBN : 9780191066870

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The Idea of International Human Rights Law by Steven Wheatley Pdf

International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.

Author : Gregory H. Fox,Brad R. Roth
Publisher : Cambridge University Press
Page : 600 pages
File Size : 44,8 Mb
Release : 2000-05-11
Category : Law
ISBN : 0521660955

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Democratic Governance and International Law by Gregory H. Fox,Brad R. Roth Pdf

This book considers how the post-Cold War democratic revolution has affected international law. Traditionally, international law said little about the way in which governments were chosen. In the 1990s, however, international law has been deployed to encourage transitions to democracy, and to justify the armed expulsion of military juntas that overthrow elected regimes. In this volume, leading international legal scholars assess this change in international law and ask whether a commitment to democracy is consistent with the structure and rules of the international legal system.

Author : Gaetano Pentassuglia
Publisher : BRILL
Page : 304 pages
File Size : 42,9 Mb
Release : 2009-07-15
Category : Law
ISBN : 9789047430162

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Minority Groups and Judicial Discourse in International Law by Gaetano Pentassuglia Pdf

Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies – particularly in the Americas, Africa and Europe – in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group’s perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative – practical and theoretical – perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.

Author : Olgun Akbulut,Elçin Aktoprak
Publisher : BRILL
Page : 285 pages
File Size : 52,5 Mb
Release : 2019-07-08
Category : Law
ISBN : 9789004405455

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Minority Self-Government in Europe and the Middle East by Olgun Akbulut,Elçin Aktoprak Pdf

This volume, Minority Self-Government in Europe and theMiddle East: From Theory to Practice, is novel from several perspectives. It combines theory with facts on the ground, going beyond legal perspectives without neglecting existing laws and their implementation.

Author : Robert McCorquodale
Publisher : Unknown
Page : 128 pages
File Size : 43,6 Mb
Release : 2017
Category : Electronic books
ISBN : 1315202336

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Self-determination in International Law by Robert McCorquodale Pdf

"This title was first published in 2000: This text is part of a series which aims to bring together articles in international law. The text presents an informative introduction which provides an overview of the subject matter and justification of why the articles were collected. The articles in the text explore such areas as political self-determination in the context of the African Charter on Human and Peoples' Rights, the right of self-determination for indigenous peoples under international law, minorities and human rights, women and self-determination, and the emerging right to democratic governance in international law."--Provided by publisher.

Author : PROFESSOR ROBERT. MCCORQUODALE
Publisher : Unknown
Page : 128 pages
File Size : 55,9 Mb
Release : 2017
Category : Electronic
ISBN : 113870511X

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SELF-DETERMINATION IN INTERNATIONAL LAW. by PROFESSOR ROBERT. MCCORQUODALE Pdf

Author : Soraya Nour
Publisher : Unknown
Page : 368 pages
File Size : 54,7 Mb
Release : 2008
Category : Law
ISBN : 3428527429

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The Minority Issue: Law and the Crisis of Representation by Soraya Nour Pdf

The interdisciplinary essays gathered in this book reconstruct the history of democracy and democratic theories from the perspective of the minority issue. How do democracies deal with their minorities? Do minorities participate in the construction of political will? By what mechanisms does social discrimination against minorities turn violent? How does it happen that minorities are considered "enemies"? What are the normative foundations of the UN minority protection system and the establishment of an International Criminal Court for crimes committed mainly against "groups"? How can universal human rights be reconciled with minority rights? To discuss these questions, the common theoretical reference for the essays in this book is the work of the jurist Hans Kelsen. In 1925, Kelsen criticized democracy as based on a fiction: the "fiction of representation". Since political freedom means the faculty of a people to give themselves their own law, only the represented majority is free - but not the minority. Kant, Hegel, Tocqueville, Benjamin, Lemki, Foucault, Habermas, Honneth and Taylor are some of the authors who are addressed herein for further reflection on the minority issue.