Peoples and Minorities in International Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Peoples and Minorities in International Law PDF full book. Access full book title Peoples and Minorities in International Law by Catherine Brölmann. Download full books in PDF and EPUB format.
Author: Catherine Brölmann
Publisher: BRILL
ISBN: 9004641998
Category : Law
Languages : en
Pages : 378
Get Book
Book Description
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: Catherine Brölmann
Publisher: BRILL
ISBN: 9004641998
Category : Law
Languages : en
Pages : 378
Get Book
Book Description
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: Gaetano Pentassuglia
Publisher: Council of Europe
ISBN: 9287147736
Category : Law
Languages : en
Pages : 304
Get Book
Book Description
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: Anna Meijknecht
Publisher: Intersentia nv
ISBN: 905095166X
Category : Law
Languages : en
Pages : 287
Get Book
Book Description
2.3. Dualism and Monism
Author: Athanasia Spiliopoulou Åkermark
Publisher: BRILL
ISBN: 9004479872
Category : Law
Languages : en
Pages : 331
Get Book
Book Description
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: Patrick Thornberry
Publisher:
ISBN: 9780198258292
Category : Law
Languages : en
Pages : 468
Get Book
Book Description
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: Bertus de Villiers
Publisher: BRILL
ISBN: 9004461663
Category : Law
Languages : en
Pages : 295
Get Book
Book Description
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:
ISBN: 9789514594045
Category : Group identity
Languages : en
Pages : 173
Get Book
Book Description
Author: Zelim Skurbaty
Publisher: BRILL
ISBN: 9004481443
Category : Law
Languages : en
Pages : 526
Get Book
Book Description
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
ISBN: 9004479252
Category : Law
Languages : en
Pages : 552
Get Book
Book Description
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: Mohammad Shahabuddin
Publisher: Cambridge University Press
ISBN: 1108483674
Category : Law
Languages : en
Pages : 379
Get Book
Book Description
A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.
