Minorities In International Law

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Justifications of Minority Protection in International Law

Athanasia Spiliopoulou Åkermark
Justifications of Minority Protection in International Law Book PDF

Author : Athanasia Spiliopoulou Åkermark
Publisher : BRILL
Page : 331 pages
File Size : 46,8 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.

Minorities in International Law

Gaetano Pentassuglia,European Centre for Minority Issues
Minorities in International Law Book PDF

Author : Gaetano Pentassuglia,European Centre for Minority Issues
Publisher : Council of Europe
Page : 304 pages
File Size : 52,5 Mb
Release : 2002-01-01
Category : Law
ISBN : 9789287147738

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Minorities in International Law by Gaetano Pentassuglia,European Centre for Minority Issues Pdf

This book, the first in the series of publications on minority issues, provides a critical overview of the protection of minority groups in international law. Topics covered include: the definition of a minority, concepts of state sovereignty and self-determination; the historical context to international human rights law; the legal frameworks developed by the UN, the Council of Europe, the Organisation for Security and Co-operation in Europe (OSCE) and the EU; as well as examples of legal approaches adopted by individual European countries to address the protection of minorities.

Peoples and Minorities in International Law

Catherine Brölmann,René Lefeber,Marjoleine Zieck
Peoples and Minorities in International Law Book PDF

Author : Catherine Brölmann,René Lefeber,Marjoleine Zieck
Publisher : BRILL
Page : 378 pages
File Size : 50,5 Mb
Release : 2023-12-11
Category : Law
ISBN : 9789004641990

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Peoples and Minorities in International Law by Catherine Brölmann,René Lefeber,Marjoleine Zieck Pdf

The revival of group consciousness in Eastern European countries in the wake of the Cold War has put the protection of subnational groups high on the political agenda. The present book bears witness to the renewed interest in the legal position of subnational groups in international law. This book and the Conference, at which provisional versions of most of the contributions were presented, originate in perceived deficiencies of contemporary international law to protect subnational groups within a legal framework of which the principal subjects are states. Divided into three parts, the book commences with an analysis of the antagonistic relation between the right of peoples to self-determination and the right of states to territorial integrity, and the need to redefine these concepts in the post-Cold War era. The book continues with the highly controversial issue of the attribution of rights to subnational groups and the identification of subnational groups which would be entitled to such rights. The second part deals with the identification and protection of peoples and minorities at different levels of organization, viz. subnational, national and supranational. This part is followed by an analysis of the modes and means by which international obligations vis-à-vis subnational groups can be enforced. Not only the judicial means are considered, but also the justifiability of recourse to military means to the cause of subnational groups. This book not only provides an in-depth analysis of contemporary international law with respect to the protection of peoples and minorities, but also of the law as it is developing in the post-Cold War era.

Democracy, Minorities and International Law

Steven Wheatley
Democracy Minorities and International Law Book PDF

Author : Steven Wheatley
Publisher : Cambridge University Press
Page : 246 pages
File Size : 50,5 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.

Minorities and the Making of Postcolonial States in International Law

Mohammad Shahabuddin
Minorities and the Making of Postcolonial States in International Law Book PDF

Author : Mohammad Shahabuddin
Publisher : Cambridge University Press
Page : 379 pages
File Size : 52,8 Mb
Release : 2021-06-10
Category : Law
ISBN : 9781108483674

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Minorities and the Making of Postcolonial States in International Law by Mohammad Shahabuddin Pdf

A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.

Protecting the Religious Freedom of New Minorities in International Law

Fabienne Bretscher
Protecting the Religious Freedom of New Minorities in International Law Book PDF

Author : Fabienne Bretscher
Publisher : Routledge
Page : 273 pages
File Size : 41,7 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780429559174

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Protecting the Religious Freedom of New Minorities in International Law by Fabienne Bretscher Pdf

This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities’ right to freedom of religion and belief, and the absence of such concept in the HRC’s case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

Minorities' Claims: From Autonomy to Secession

Gnanapala Welhengama
Minorities Claims From Autonomy to Secession Book PDF

Author : Gnanapala Welhengama
Publisher : Routledge
Page : 341 pages
File Size : 55,7 Mb
Release : 2017-11-30
Category : Social Science
ISBN : 9781351728331

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Minorities' Claims: From Autonomy to Secession by Gnanapala Welhengama Pdf

This title was first published in 2000: An investigation of how the claims of minority groups for greater political power through 'autonomy' and 'secession' clash with the concerns of the nation-State, and how States’ refusals to respond positively to such claims contribute to the escalation of ethnic conflicts in contemporary multi-ethnic polities. In addition, this book examines the extent to which the international community is prepared to accommodate the concerns of minority groups beyond traditionally identified 'minority rights'. The validity of claims for autonomy with shared-sovereignty, autonomy as an inherent part of self-determination, autonomy as a solution to current ethnic conflicts, secessionist and irredentist movements and their impact on peace and security are analyzed in detail. Most importantly, whether minorities as such can secede from the State in which they live by virtue of self-determination is critically analyzed. The discussion of 'peoples' in the context of self-determination is the first detailed research on this subject to appear in international and human rights literature.

International Law and the Rights of Minorities

Patrick Thornberry
International Law and the Rights of Minorities Book PDF

Author : Patrick Thornberry
Publisher : Unknown
Page : 468 pages
File Size : 48,9 Mb
Release : 1992
Category : Law
ISBN : 0198258291

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International Law and the Rights of Minorities by Patrick Thornberry Pdf

The treatment of ethnic and religious minorities by states is a major issue in the closing decade of the twentieth century. Conflict between ethnic groups, and between groups and states colours international relations and politics. The developments in Eastern Europe and the USSR have led to are-emergence of ethnic and nationalist issues, whilst the problems of national consolidation of new states inevitably raises questions of culture, religiation and language. Minorities rights are difficult to accommodate within the individualist and universalist framework of human rights.International law is required to deal with dilemmas such as individual versus collective rights, passivity on the part of the state towards minority cultures or positive action to promote them, and nation-building as against group self-determination and autonomy. International Law and the Rights ofMinorities attempts to explore the response of international law to these major questions through detailed analysis of treaty and customary law, including regional treaties. Areas covered include the prohibition of genocide, Article 27 of the Covenant on Civil and Political Rights, the principle ofnon-discrimination and the related but separable issue of indigenous peoples and international law. Reference is also made to the pre-UN tradition of group protection. International Law and the Rights of Minorities concludes with an assessment of the achievements of international law in theseareas and explores the possibilities for future progress.

The Weaknesses in the International Protection of Minority Rights

Javaid Rehman
The Weaknesses in the International Protection of Minority Rights Book PDF

Author : Javaid Rehman
Publisher : BRILL
Page : 282 pages
File Size : 42,8 Mb
Release : 2021-10-05
Category : Law
ISBN : 9789004478466

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The Weaknesses in the International Protection of Minority Rights by Javaid Rehman Pdf

The issue of minority rights continues to occupy a sensitive position in international law. Historical as well as contemporary events show that the subject is also capable of engulfing the international community as a whole. The contention of the present study is that international law is in itself a difficult medium for providing adequate rights for minorities and for effectively safeguarding those rights. This volume analyses the weaknesses in the international protection of minority rights through a detailed examination of the practices and policies of Pakistan. Thought-provoking and original in its approach, this volume will prove to be of enormous value to international human rights lawyers and to scholars engaged in the study of minority rights in South-Asia and Pakistan.

Towards International Personality

Anna Meijknecht
Towards International Personality Book PDF

Author : Anna Meijknecht
Publisher : Intersentia nv
Page : 287 pages
File Size : 54,9 Mb
Release : 2001
Category : Law
ISBN : 9789050951661

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Towards International Personality by Anna Meijknecht Pdf

2.3. Dualism and Monism

Language, Minorities and Human Rights

Fernand de Varennes
Language Minorities and Human Rights Book PDF

Author : Fernand de Varennes
Publisher : BRILL
Page : 552 pages
File Size : 50,7 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004479258

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Language, Minorities and Human Rights by Fernand de Varennes Pdf

One of the most vexing issues in many of the world's so-called ethnic or minority conflicts is the question of language use by the State and its citizens. While international and national law has traditionally viewed language preference to be within a State's prerogative - at least when involving governmental activities and machinery - this position has proved to be a continuous source of acrimony and conflict, and wrong in some respects. Language, Minorities, and Human Rights is the most complete book ever written on the topic, providing for the first time an analysis of every aspect of language and the law. In addition to presenting a theoretical model for language's particular position and relevance in human rights, it constitutes an invaluable reference document by including the provisions of close to 100 international, multilateral and bilateral instruments involving language rights, as well as the constitutional provisions of 140 countries dealing with language. By addressing little explored areas such as the language rights of indigenous peoples, non-citizens and even the use of script, in addition to more traditional topics such as nationalism and language, freedom of expression and non-discrimination, Language, Minorities and Human Rights proposes a complete descriptive picture of language and human rights as well as proposing a number of suggestions on how to address and balance the many problems currently caused by the linguistic demands of various individuals and the interests of states in nation building.

Religious Minorities, Islam and the Law

Al Khanif
Religious Minorities Islam and the Law Book PDF

Author : Al Khanif
Publisher : Routledge
Page : 215 pages
File Size : 52,8 Mb
Release : 2020-09-03
Category : History
ISBN : 9781000168563

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Religious Minorities, Islam and the Law by Al Khanif Pdf

This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.

Minorities and Nationalism in Turkish Law

Derya Bayir
Minorities and Nationalism in Turkish Law Book PDF

Author : Derya Bayir
Publisher : Routledge
Page : 320 pages
File Size : 42,5 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317095804

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Minorities and Nationalism in Turkish Law by Derya Bayir Pdf

Examining the on-going dilemma of the management of diversity in Turkey from a historical and legal perspective, this book argues that the state’s failure to accommodate ethno-religious diversity is attributable to the founding philosophy of Turkish nationalism and its heavy penetration into the socio-political and legal fibre of the country. It examines the articulation and influence of the founding principle in law and in the higher courts’ jurisprudence in relation to the concepts of nation, citizenship, and minorities. In so doing, it adopts a sceptical approach to the claim that Turkey has a civic nationalist state, not least on the grounds that the legal system is generously littered by references to the Turkish ethnie and to Sunni Islam. Also arguing that the nationalist stance of the Turkish state and legal system has created a legal discourse which is at odds with the justification of minority protection given in international law, this book demonstrates that a reconstruction of the founding philosophy of the state and the legal system is necessary, without which any solution to the dilemmas of managing diversity would be inadequate. Adopting an interdisciplinary approach, this timely book will interest those engaged in the fields of Middle Eastern, Islamic, Ottoman and Turkish studies, as well as those working on human rights and international law and nationalism.

Ethnicity and International Law

Mohammad Shahabuddin
Ethnicity and International Law Book PDF

Author : Mohammad Shahabuddin
Publisher : Cambridge University Press
Page : 277 pages
File Size : 43,7 Mb
Release : 2016-04-06
Category : Law
ISBN : 9781107096790

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Ethnicity and International Law by Mohammad Shahabuddin Pdf

An historical analysis of how ethnicity shaped international law and why it is relevant to minorities and ethnic conflicts today.

International Law and the Rights of Minorities

Patrick Thornberry
International Law and the Rights of Minorities Book PDF

Author : Patrick Thornberry
Publisher : Unknown
Page : 0 pages
File Size : 45,8 Mb
Release : 2023
Category : International relations and culture
ISBN : 1383014221

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International Law and the Rights of Minorities by Patrick Thornberry Pdf

This volume on international law relating to ethnic minorities will be beneficial to lawyers interested in minority rights, lawyers working in various international organizations, and human rights groups. Areas covered include the principle of non-discrimination and the UN's Article 27.