Minority Groups And Judicial Discourse In International Law

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Minority Groups and Judicial Discourse in International Law

Gaetano Pentassuglia
Minority Groups and Judicial Discourse in International Law Book PDF

Author : Gaetano Pentassuglia
Publisher : BRILL
Page : 304 pages
File Size : 53,6 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.

Minority Groups and Judicial Discourse in International Law

Gaetano Pentassuglia
Minority Groups and Judicial Discourse in International Law Book PDF

Author : Gaetano Pentassuglia
Publisher : Martinus Nijhoff Publishers
Page : 305 pages
File Size : 55,5 Mb
Release : 2009
Category : Law
ISBN : 9789004176720

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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.

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 : 46,5 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.

Minority Rights Jurisprudence Digest

Alcidia Moucheboeuf,European Centre for Minority Issues,Council of Europe,Germany. Auswärtiges Amt
Minority Rights Jurisprudence Digest Book PDF

Author : Alcidia Moucheboeuf,European Centre for Minority Issues,Council of Europe,Germany. Auswärtiges Amt
Publisher : Council of Europe
Page : 752 pages
File Size : 44,7 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789287159564

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Minority Rights Jurisprudence Digest by Alcidia Moucheboeuf,European Centre for Minority Issues,Council of Europe,Germany. Auswärtiges Amt Pdf

This publication contains information on the statements and judgements made in minority rights court cases by the following international bodies: the European Court of Human Rights (Council of Europe); the African Commission on Human and People's Rights; the European Court of Justice (European Union); the Inter-American Court of Human Rights, the International Court of Justice; the Permanent Court of International Justice and the United Nations Human Rights Committee. The information is organised under the following subject headings: assembly; association; discrimination; due process; education; effective participation; existence; expression; family life; group identity; international aspects; limitations, derogations and restrictions; linguistic rights; minority issues; religion; and socio-economic rights. A list of case summaries and the text of selected major international conventions in this field are included as annexes.

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 : 42,8 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 : 41,8 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.

Cultural Rights in International Law and Discourse

Stephenson Chow
Cultural Rights in International Law and Discourse Book PDF

Author : Stephenson Chow
Publisher : BRILL
Page : 302 pages
File Size : 49,5 Mb
Release : 2018-02-01
Category : Law
ISBN : 9789004328587

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Cultural Rights in International Law and Discourse by Stephenson Chow Pdf

In Cultural Rights in International Law and Discourse, Pok Yin S. Chow explains why the very understanding of ‘culture’ as described in international human rights law failed to capture and address the cultural concerns of groups and communities worldwide.

Ethnicity and International Law

Mohammad Shahabuddin
Ethnicity and International Law Book PDF

Author : Mohammad Shahabuddin
Publisher : Cambridge University Press
Page : 277 pages
File Size : 52,5 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.

Towards International Personality

Anna Meijknecht
Towards International Personality Book PDF

Author : Anna Meijknecht
Publisher : Intersentia nv
Page : 287 pages
File Size : 50,6 Mb
Release : 2001
Category : Law
ISBN : 9789050951661

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Towards International Personality by Anna Meijknecht Pdf

2.3. Dualism and Monism

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 : 44,7 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.

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 : 53,5 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.

Ethno-cultural Diversity and Human Rights

Gaetano Pentassuglia
Ethno cultural Diversity and Human Rights Book PDF

Author : Gaetano Pentassuglia
Publisher : Unknown
Page : 0 pages
File Size : 40,7 Mb
Release : 2018
Category : Discrimination
ISBN : 9004328777

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Ethno-cultural Diversity and Human Rights by Gaetano Pentassuglia Pdf

Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, Ethno-Cultural Diversity and Human Rights brings prominent experts together to address contested dimensions of the role of ethno-cultural groups in human rights discourse.

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 : 48,8 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.

The Concept of Group Rights in International Law

Corsin Bisaz
The Concept of Group Rights in International Law Book PDF

Author : Corsin Bisaz
Publisher : Martinus Nijhoff Publishers
Page : 257 pages
File Size : 49,6 Mb
Release : 2012-08-28
Category : Law
ISBN : 9789004228719

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The Concept of Group Rights in International Law by Corsin Bisaz Pdf

The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in contemporary international law. Among some of its findings is the observation that an ideological way of arguing about this legal category is widespread among scholars as well as practitioners; it sees this ideological framing as one of the main reasons why international law has so far been very reluctant to provide group rights and to call them by their name. Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through international law. Such an approach could turn group rights into an arguably minor, but nevertheless, highly relevant legal category of international law.

The Sovereignty of Human Rights

Patrick Macklem
The Sovereignty of Human Rights Book PDF

Author : Patrick Macklem
Publisher : Oxford University Press
Page : 200 pages
File Size : 43,8 Mb
Release : 2015-08-20
Category : Law
ISBN : 9780190267322

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The Sovereignty of Human Rights by Patrick Macklem Pdf

The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.