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Book Peoples and Minorities in International Law

Download or read book Peoples and Minorities in International Law written by Catherine Brölmann and published by Springer. This book was released on 1993-05-24 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents.

Book The Legal Status and Perspectives of Ethnic Minorities in European States

Download or read book The Legal Status and Perspectives of Ethnic Minorities in European States written by Magdalena Butrymowicz and published by Rowman & Littlefield. This book was released on 2022-03-02 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way we exist in society defines our place in its social structures and reaffirms our belonging, identity, and dignity. Europe is a continent characterized by many internal conflicts and ongoing struggles inside societies. The battlefield is society itself, where state law clashes with ethnic law over the very identity of society. Exploring debates from Scandinavia to Spain about the religious and political autonomy and freedom, this book explains that the violation of the rights of ethnic minorities and indigenous peoples, such as the Sami and Basque peoples, remains a problem in Europe. In addition to these political conflicts, Magdalena Butrymowicz analyzes the legal and religious culture within minority ethnic structures themselves. Ultimately, this book raises timely questions about the balance between state control and legal autonomy for ethnic minorities across Europe advocating for a new definition of ethnic law as the right of ethnic minorities, creating their legal and ethnic identity. The book will interest anyone exploring the dynamic between European states and the ethnic minorities that live in them.

Book Minorities and the Making of Postcolonial States in International Law

Download or read book Minorities and the Making of Postcolonial States in International Law written by Mohammad Shahabuddin and published by Cambridge University Press. This book was released on 2021-06-10 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.

Book Democracy  Minorities and International Law

Download or read book Democracy Minorities and International Law written by Steven Wheatley and published by Cambridge University Press. This book was released on 2005-12-22 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the contribution that international law may make to the resolution of culture conflicts--political disputes between the members of different ethno-cultural groups--in democratic States. International law recognizes that persons belonging to minorities have the right to enjoy their own culture and peoples have the right to self-determination without detailing how these principles are to be put into effect. The emergence of democracy as a legal obligation of States permits the international community to concern itself with both the procedure and substance of 'democratic' decisions concerning ethno-cultural groups.

Book The Weaknesses in the International Protection of Minority Rights

Download or read book The Weaknesses in the International Protection of Minority Rights written by Javaid Rehman and published by BRILL. This book was released on 2021-10-05 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Protecting the Religious Freedom of New Minorities in International Law

Download or read book Protecting the Religious Freedom of New Minorities in International Law written by Fabienne Bretscher and published by Routledge. This book was released on 2019-09-19 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Legal Code of Religious Minority Rights

Download or read book Legal Code of Religious Minority Rights written by Daniele Ferrari and published by Routledge. This book was released on 2021-08-12 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a systematic collection of the various international legal sources that define the rights of religious minorities. In a time of increasing tensions around religious minorities, this volume presents a systematic collection of international and European documents on the protection and promotion of religious minorities’ rights. The code includes documents from the United Nations, the Council of Europe, the Organization for Security and Cooperation in Europe and the European Union. An index system connects the various sources and norms, and emphasizes the strengths and the weaknesses in the legal frameworks of international and European institutions. While allowing for further research on the historical and conceptual development in the area, the code provides the reader with a new, easily accessible tool facilitating experts and actors who wish to improve the knowledge and protection of religious minorities. This book will be an invaluable resource for students, academics and researchers interested in law and religion, international law, public law and human rights law, the code is also a powerful tool for minorities themselves, and for advocates of their rights.

Book Minorities in International Law

Download or read book Minorities in International Law written by Gaetano Pentassuglia and published by Council of Europe. This book was released on 2002-01-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Minority Rights Protection in International Law

Download or read book Minority Rights Protection in International Law written by Dr Helen O'Nions and published by Ashgate Publishing, Ltd.. This book was released on 2012-12-28 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are approximately ten million Roma in Europe, making them the continent’s largest non-territorial minority. Despite this fact, the Roma continue to experience routine discrimination and marginalization in European countries. As a result they are seldom engaged in national political activism and are frequently at the bottom of the economic and social ladder. The severity of exclusion experienced by the Roma in societies which have long paid heed to the notion of individual, universal human rights – combined with their geographical dispersal and heterogeneous nature – makes the study of the Roma highly informative. This book examines the theoretical debate concerning the most appropriate way of protecting the fundamental human rights of the Roma, which also illuminates ways in which the rights of minority groups can be protected more generally. As a result, this work will be a valuable resource for social scientists and practitioners in the field of human rights.

Book Towards International Personality

Download or read book Towards International Personality written by Anna Meijknecht and published by Intersentia nv. This book was released on 2001 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.3. Dualism and Monism

Book International Law and the Rights of Minorities

Download or read book International Law and the Rights of Minorities written by Patrick Thornberry and published by . This book was released on 1992 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Language  Minorities and Human Rights

Download or read book Language Minorities and Human Rights written by Fernand de Varennes and published by BRILL. This book was released on 2021-09-27 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Promoting and Protecting Minority Rights

Download or read book Promoting and Protecting Minority Rights written by United Nations and published by . This book was released on 2012 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Book Minority Rights  Feminism and International Law

Download or read book Minority Rights Feminism and International Law written by Silvia Gagliardi and published by Routledge. This book was released on 2020-05-26 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigating minority and indigenous women’s rights in Muslim-majority states, this book critically examines the human rights regime within international law. Based on extensive and diverse ethnographic research on Amazigh women in Morocco, the book unpacks and challenges generally accepted notions of rights and equality. Significantly, and controversially, the book challenges the supposedly ‘emancipatory’ power vested in the human rights project; arguing that rights-based discourses are sites of contestation for different groups that use them to assert their agency in society. More specifically, it shows how the very conditions that make minority and indigenous women instrumental to the preservation of their culture may condemn them to a position of subalternity. In response, and engaging the notion and meaning of Islamic feminism, the book proposes that feminism should be interpreted and contextualised locally in order to be effective and inclusive, and so in order for the human rights project to fully realise its potential to empower the marginalised and make space for their voices to be heard. Providing a detailed, empirically based, analysis of rights in action, this book will be of relevance to scholars, students and practitioners in human rights policy and practice, in international law, minorities’ and indigenous peoples’ rights, gender studies, and Middle Eastern and North African Studies.

Book Global Minority Rights

Download or read book Global Minority Rights written by Joshua Castellino and published by Routledge. This book was released on 2017-05-15 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important volume brings together a range of material in different areas of law and the social sciences that address questions concerning the rights of minorities. The discipline is arguably one of the oldest branches of public international law, and owes its heritage to those who struggled to create standards to protect the numerically inferior and non-dominant communities from the excesses of the majority. While reflecting this rich heritage, the works contained in this volume show the extent to which policy constructs (especially in law) have begun to pay heed to the need to include minorities in different domestic settings across the globe. To provide readers with a structured approach to understanding global minority rights law the editor divides the issues into six main headings, namely: Historical Development; Conceptual Development; Contemporary Challenges; Fundamental Norms of Minority Protection; Specific Rights of Minorities; Human Rights and Minority Rights.

Book Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts

Download or read book Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts written by Bertus de Villiers and published by BRILL. This book was released on 2021-08-30 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Justifications of Minority Protection in International Law

Download or read book Justifications of Minority Protection in International Law written by Athanasia Spiliopoulou Åkermark and published by BRILL. This book was released on 2021-09-27 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.