Protection Of Minority Rights Through Bilateral Treaties

Author : Arie Bloed,Pieter van Dijk
Publisher : BRILL
Page : 470 pages
File Size : 41,6 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004479333

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Protection of Minority Rights Through Bilateral Treaties by Arie Bloed,Pieter van Dijk Pdf

Since the end of the Cold War, mounting tensions related to national minorities have increased international efforts to contain and to solve these inter-ethnic disputes. While much has been written about the efforts of international organizations, such as the United Nations, the Council of Europe and the OSCE, in this respect, much less attention has been paid to the advances in minority issues made on a bilateral level. Many former socialist states have concluded bilateral treaties to improve their relations, and these treaties often include clauses relating to mutual national minorities. Against this background, and at the request of the High Commissioner on National Minorities, the Foundation on Interethnic Relations in The Hague convened two meetings of legal experts to discuss the relevance of bilateral treaties for the settlement of inter-ethnic disputes. These meetings form the basis of the current publication, which includes an analysis and a collection of case studies. The case studies center around Poland, Hungary and Russia and offer a comprehensive survey of the network of bilateral treaties and the role of minority rights within these instruments. The book also contains the English translation of the main parts of the relevant bilateral agreements that are ordinarily difficult to access for scientific research. This book will therefore serve as an important instrument for anyone involved in the study of inter-ethnic conflict and minority rights.

Author : Björn Arp
Publisher : BRILL
Page : 544 pages
File Size : 48,6 Mb
Release : 2008-07-25
Category : Law
ISBN : 9789047431398

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International Norms and Standards for the Protection of National Minorities by Björn Arp Pdf

The present book compiles the bilateral and multilateral norms and standards for the protection of national minorities and offers a comprehensive introductory study about them from the point of view of the theory of sources of International Law.

Author : European Centre for Minority Issues
Publisher : Council of Europe
Page : 247 pages
File Size : 47,5 Mb
Release : 2004-01-01
Category : Political Science
ISBN : 9789287154996

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Mechanisms for the Implementation of Minority Rights by European Centre for Minority Issues Pdf

This book, the second in the series of publications on minority issues, examines the political and legal mechanisms available at European and international levels for the implementation of minority rights standards. Chapters cover the following topics: the concept of international minority rights; UN treaty monitoring bodies, particularly the Human Rights Committee; the UN Working Group on Minorities; the International Court of Justice; the European Court of Human Rights; the Framework Convention for the Protection of National Minorities; the European Charter for Regional or Minority Languages; the CSCE/OSCE mechanism for protection of minority rights; EU standards and mechanisms for the protection of minorities and the prevention of discrimination; bilateral agreements and their implementation.

Author : Athanasia Spiliopoulou Åkermark
Publisher : BRILL
Page : 331 pages
File Size : 53,7 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 : Yoram Dinstein,Mala Tabory
Publisher : BRILL
Page : 549 pages
File Size : 55,6 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004638785

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The Protection of Minorities and Human Rights by Yoram Dinstein,Mala Tabory Pdf

From the dawn of modern international law, manifold treaties (especially peace treaties) have recognized the rights of specific minorities in specific territories. Today -- with Eastern Europe once more in turmoil and with minority groups all over the world clamouring for recognition -- there is a growing awareness that, irrespective of the observance of the fundamental freedoms of individuals, minority groups have their legitimate interests that must be appreciated and accommodated. This collection of essays grew out of an international legal colloquium, held at the Faculty of Law of Tel Aviv University in March 1990. Some of the papers have already been published in volume 20 of the Israel Yearbook on Human Rights, but others are printed here for the first time. The authors come from different parts of the world and represent different legal backgrounds. They are by no means at one in their analysis of the human rights of minority groups, but they all share the sense that problems of minorities cannot be brushed aside or glossed over. It is not too hazardous to forecast that these problems will actually intensify in the 21st century. Whereas they cannot be solved through exclusively legal means, international and constitutional lawyers must do their utmost to identify flash points and to offer at least some prescriptive guidelines. This is the principal purpose of the present volume.

Author : Catherine Brölmann,René Lefeber,Marjoleine Zieck
Publisher : BRILL
Page : 378 pages
File Size : 44,6 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 : Urmila Haksar
Publisher : Bombay : Allied Publishers
Page : 204 pages
File Size : 48,6 Mb
Release : 1974
Category : Social Science
ISBN : UOM:39015028162629

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Minority Protection and International Bill of Human Rights by Urmila Haksar Pdf

Author : Gudmundur Alfredsson,Erika Ferrer
Publisher : Unknown
Page : 48 pages
File Size : 53,5 Mb
Release : 1998
Category : Human rights
ISBN : UCBK:C092747889

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Minority Rights by Gudmundur Alfredsson,Erika Ferrer Pdf

Outlines the procedures currently available for the promotion and protection of the rights of minorities within the human rights mechanisms of the United Nations.

Author : Li-Ann Thio
Publisher : BRILL
Page : 399 pages
File Size : 46,7 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 : Javaid Rehman
Publisher : BRILL
Page : 282 pages
File Size : 48,9 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.

Author : Gaetano Pentassuglia,European Centre for Minority Issues
Publisher : Council of Europe
Page : 316 pages
File Size : 51,8 Mb
Release : 2002
Category : Law
ISBN : UOM:39015056828307

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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 : Kristin Henrard,Robert Dunbar
Publisher : Unknown
Page : 462 pages
File Size : 47,8 Mb
Release : 2008
Category : Minorities
ISBN : 0511508859

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Synergies in Minority Protection by Kristin Henrard,Robert Dunbar Pdf

There has recently been a remarkable growth in standard-setting with respect to the protection of minorities in international and European law. Layered on top of existing human rights standards relevant to minorities, these developments have resulted in a complex and multi-faceted regime, but one which still does not amount to an integrated and coherent system of minority protection. In addition to providing an up-to-date account of the relevant standards and their development in practice, this collection breaks new ground by seeking to identify the extent to which some integration and coherence (synergy) is emerging as a result of the work of treaty-monitoring bodies and other international institutions. Leading experts on the main instruments and institutions assess matters such as the application of similar principles, the emergence of common themes, explicit cross-referencing between treaty bodiesand international institutions and the development of similar working methods.

Author : James Edmund Sandford Fawcett
Publisher : [London] : Minority Rights Group
Page : 28 pages
File Size : 45,7 Mb
Release : 1979
Category : Human rights
ISBN : STANFORD:36105081164761

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The International Protection of Minorities by James Edmund Sandford Fawcett Pdf

Author : European Centre for Minority Issues Staf
Publisher : Martinus Nijhoff Publishers
Page : 680 pages
File Size : 48,5 Mb
Release : 2003-01-01
Category : Law
ISBN : 9041119566

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European Yearbook of Minority Issues by European Centre for Minority Issues Staf Pdf

2001-May 2002 Sally Holt.

Author : United Nations,United Nations. Office of the High Commissioner for Human Rights
Publisher : Unknown
Page : 188 pages
File Size : 54,6 Mb
Release : 2012
Category : Business & Economics
ISBN : MINN:31951D035326161

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Promoting and Protecting Minority Rights by United Nations,United Nations. Office of the High Commissioner for Human Rights Pdf

"The present guide offers information related to norms and mechanisms developed to protect the rights of persons belonging to national, ethnic, religious or linguistic minorities. It includes detailed information about procedures and forums in which minority issues may be raised to minorities and by also covering selected specialized agencies and regional mechanisms, the present Guide complements information contained in Working with the United Nations Human Rights Programme: A Handbook for Civil Society"--Introduction.