Peoples And Minorities In International Law

Author : Catherine Brölmann,René Lefeber,Marjoleine Zieck
Publisher : BRILL
Page : 378 pages
File Size : 40,7 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.

Author : Anna Meijknecht
Publisher : Intersentia nv
Page : 287 pages
File Size : 52,8 Mb
Release : 2001
Category : Law
ISBN : 9789050951661

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Towards International Personality by Anna Meijknecht Pdf

2.3. Dualism and Monism

Author : Athanasia Spiliopoulou Åkermark
Publisher : BRILL
Page : 331 pages
File Size : 52,9 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 : Gaetano Pentassuglia,European Centre for Minority Issues
Publisher : Council of Europe
Page : 304 pages
File Size : 45,7 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.

Author : Patrick Thornberry
Publisher : Unknown
Page : 468 pages
File Size : 55,5 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.

Author : Zelim Skurbaty
Publisher : BRILL
Page : 526 pages
File Size : 51,5 Mb
Release : 2021-11-22
Category : Law
ISBN : 9789004481442

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As If Peoples Mattered by Zelim Skurbaty Pdf

Ours is an era of decline for the nation state and one of world-wide concern for the problems surrounding sub-state groups: minorities, peoples and indigenous populations. The often violent resurgence of conflicts between these groups and States in even the stable democracies poses a challenge to international law as well as to liberal political principles. In this volume, an expert in international minority rights provides not only significant clarification of the legal issues involved, but also trenchant insights taken from a wide range of humanitarian disciplines: from philosophy and systems theory to neuro-linguistic programming (NLP) and transactional analysis (TA). The result is a meticulously researched book exploring from a variety of perspectives the terms `peoples' and `minorities' in international law as well as relationships between minorities, peoples and indigenous rights, individuation and self-determination. Of special interest is the attempt of the author to explain the existence of double standards in international minority rights (dubbing them `games') with the help of transactional analysis, and to redefine and reframe the basic terms such as `international law', `sovereignty', `self- determination', etc. The straightforward claim of the author is that the proposed theories can help both members of minorities and those in executive positions to gain insights on the cognitive level and make more congruent, community-oriented decisions on the practical level. The book will hold particular appeal for all those interested in the international law of human rights, politics and philosophy, as well as students seeking a multi-disciplinary perspective on these much-debated areas.

Author : Fernand de Varennes
Publisher : BRILL
Page : 552 pages
File Size : 47,9 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.

Author : Bertus de Villiers,Joseph Marko,Francesco Palermo,Sergiu Constantin
Publisher : BRILL
Page : 295 pages
File Size : 40,8 Mb
Release : 2021-08-30
Category : Law
ISBN : 9789004461666

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Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts by Bertus de Villiers,Joseph Marko,Francesco Palermo,Sergiu Constantin Pdf

This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.

Author : Timo Makkonen
Publisher : Unknown
Page : 173 pages
File Size : 51,9 Mb
Release : 2000
Category : Group identity
ISBN : 9514594045

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Identity, Difference and Otherness by Timo Makkonen Pdf

Author : Li-Ann Thio
Publisher : BRILL
Page : 399 pages
File Size : 48,9 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789047414957

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Managing Babel: The International Legal Protection of Minorities in the Twentieth Century by Li-Ann Thio Pdf

Minority protection is integral to a civilised standard of internal good governance. The goal of promoting friendly inter-group relations within states highlights the linkages between constitutionalism and the extending reach of international law in shaping domestic governance and structuring relations between the state, non-state communities and individuals. While law per se cannot guarantee the security and integrity of minority groups, law and legal institutions play a role in promoting a tolerant and pluralistic environment and a multicultural ethos that appreciates, rather than resents, ethno-cultural diversity. This book is a comprehensive, modern study of the important field of international protection of minority rights, focusing on 20th century developments. Minority rights regimes, which address the issue of group identity and autonomy, have essentially been a stabilising force, buttressing state survivability in the face of claims to self-determination or secession. These serve to promote the peaceful co-existence of distinct ethno-cultural groups, captured by the metaphor of ‘Babel’, within existing states. Despite overlaps, the content of minority protection is more modest than the claim of indigenous groups for collective rights or peoples’ rights to self-determination. As part of the contemporary corpus of human rights norms, minority protection may be appreciated as an aspect of the evolving content of the ‘internal’ dimension of the right to self-determination. Chapter 1 introduces some key definitional and conceptual problems in the field of minority protection and presents a brief historical review of international approaches up to 1919. Chapter 2 discusses the League of Nations era. Chapter 3 examines approaches towards minority protection after World War Two as reflected in the drafting of the United Nations Charter and efforts to protect minorities outside the UN regime. In this period, discussed in Chapters 4 and 5, minorities' issues remained largely submerged within the UN project of promoting universal individual human rights. Chapter 6 addresses the post-1989 revival in minorities' issues within the UN; Chapter 7 offers a succinct overview of what might be considered a parallel history with respect to the development of regional human rights schemes and what these afford to minority protection, closing with concluding observations. Meticulously researched, this volume offers a valuable synthesis of this important but often heart-breaking field.

Author : Ulrike Barten
Publisher : Springer
Page : 295 pages
File Size : 47,6 Mb
Release : 2014-09-23
Category : Law
ISBN : 9783319088761

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Minorities, Minority Rights and Internal Self-Determination by Ulrike Barten Pdf

The book questions the classic idea of self-determination – the right to self-determination is a right of peoples, not of minorities – by examining the content of the right to self-determination and the content of minority rights. Self-determination has four dimensions: the political, the economic, the social and the cultural dimensions. Minorities have minority rights that touch on most aspects of life as a member of a minority. If there is an overlap between minority rights and the different dimensions of self-determination, the concept that the right to self-determination is only applicable to peoples loses credibility. No global and general conclusion is envisaged; there are restrictions in place. The work is limited to the European framework and is further restricted to classic minorities. The argument is based on a legitimacy and justice approach. The analysis in this book shows that some minority rights overlap with the different dimensions of internal self-determination. In short, classic minorities in Europe have a right to internal self-determination.

Author : Gnanapala Welhengama
Publisher : Routledge
Page : 341 pages
File Size : 40,5 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.

Author : Mohammad Shahabuddin
Publisher : Cambridge University Press
Page : 379 pages
File Size : 42,7 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.

Author : Margot E. Salomon,Arjun Sengupta
Publisher : Minority Rights Group
Page : 80 pages
File Size : 49,7 Mb
Release : 2003
Category : Political Science
ISBN : UOM:39015061097906

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The Right to Development by Margot E. Salomon,Arjun Sengupta Pdf

Om alle menneskers ret til udvikling

Author : Kristin Henrard
Publisher : Martinus Nijhoff Publishers
Page : 446 pages
File Size : 42,7 Mb
Release : 2013-01-08
Category : Law
ISBN : 9789004244740

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The Interrelation between the Right to Identity of Minorities and their Socio-economic Participation by Kristin Henrard Pdf

This edited volume sets out to unravel various dimensions of a particular topical question pertaining to minorities and minority protection, which has not been explored yet, more particularly the socio-economic participation of minorities in relation to their right to (respect for) identity. This interrelation and interaction is studied from a multi-disciplinary perspective, spanning a broad range of disciplines, while drawing on a rich variety of case studies covering various corners of the world. This interrelation manifests itself in distinctive ways for religious minorities, ethnic minorities, and indigenous peoples. As it is impossible to provide a comprehensive coverage, this volume aims to offer a range of articles that reveal the breadth of the theme under review, while combining theoretical analysis with fascinating case studies.