Minorities Minority Rights And Internal Self Determination
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Minorities Minority Rights And Internal Self Determination
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Author : Ulrike Barten
language : en
Publisher: Springer
Release Date : 2014-09-23
Minorities Minority Rights And Internal Self Determination written by Ulrike Barten and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-23 with Law categories.
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.
Devising An Adequate System Of Minority Protection
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Author : Kristin Henrard
language : en
Publisher: BRILL
Release Date : 2021-07-26
Devising An Adequate System Of Minority Protection written by Kristin Henrard and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-26 with Law categories.
Peoples And Minorities In International Law
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Author : Catherine Brölmann
language : en
Publisher: BRILL
Release Date : 2023-12-11
Peoples And Minorities In International Law written by Catherine Brölmann and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-11 with Law categories.
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.
Self Determination And National Minorities
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Author : Thomas D. Musgrave
language : en
Publisher: Oxford University Press, USA
Release Date : 1997
Self Determination And National Minorities written by Thomas D. Musgrave and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
The Western Sahara Case
Self Determination And Minority Rights In China
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Author : Linzhu Wang
language : en
Publisher: Brill - Nijhoff
Release Date : 2019
Self Determination And Minority Rights In China written by Linzhu Wang and has been published by Brill - Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Minorities categories.
In this book Linzhu Wang offers an insightful analysis of the rights of China's minorities from the perspective of self-determination.
A Dialogical Concept Of Minority Rights
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Author : Hanna H. Wei
language : en
Publisher: BRILL
Release Date : 2016-05-12
A Dialogical Concept Of Minority Rights written by Hanna H. Wei and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-12 with Law categories.
In A Dialogical Concept of Minority Rights, Hanna H. Wei offers a re-conceptualisation of the notion of minority rights as the first step of a possible solution to some of the theoretical and practical difficulties of minority protection.
Ethno Cultural Diversity And Human Rights
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Author : Gaetano Pentassuglia
language : en
Publisher: BRILL
Release Date : 2017-11-23
Ethno Cultural Diversity And Human Rights written by Gaetano Pentassuglia and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-23 with Law categories.
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.
Autonomy
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Author : Markku Suksi
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1998-03-06
Autonomy written by Markku Suksi and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-03-06 with Political Science categories.
Autonomy arrangements have gradually become more numerous, & different developments in respect of autonomy can be discerned in the fields of international & domestic law. The patterns of autonomy are quite disparate, but because various fields of law treat autonomy in different ways, it is fruitful to inquire into the applications of autonomy & to ask what autonomy as such implies. Autonomy is a multi-faceted phenomenon which on the one hand contains the issue of devolution or decentralization of law-making or other normative powers in the institutional fabric of the country without any minority protection component; on the other hand it may in addition contain an explicit minority protection component designed to offer special protection to minority groups in society. Especially in the latter sense, the issue of effective participation of a minority in the government is an important issue, & in this respect, there is a connection between autonomy & a general understanding of democracy.
Managing Babel The International Legal Protection Of Minorities In The Twentieth Century
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Author : Li-Ann Thio
language : en
Publisher: BRILL
Release Date : 2005-01-01
Managing Babel The International Legal Protection Of Minorities In The Twentieth Century written by Li-Ann Thio and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
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.
Minorities Within Minorities
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Author : Avigail Eisenberg
language : en
Publisher: Cambridge University Press
Release Date : 2005-01-03
Minorities Within Minorities written by Avigail Eisenberg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-03 with Political Science categories.
Most discussions of multiculturalism and group rights focus on the relationship between the minority and the majority. This volume advances our understanding of minority rights by focusing on conflicts that arise within minority groups and by examining the different sorts of responses that the liberal state might have to these conflicts. Groups around the world are increasingly successful in maintaining or winning autonomy. In light of this trend, a crucial question emerges: what happens to individuals within groups who find that their group discriminates against them? This volume brings together distinguished scholars who examine this question by weaving together normative political theory with case studies drawn from South Africa, the United States, India, Canada, and Britain. Classical liberalism, deliberative democracy, feminism, and associative democracy are among the theoretical frameworks used to offer solutions to the complex set of issues raised by minorities within minorities.