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Author: Hurst Hannum
Publisher: Martinus Nijhoff Publishers
ISBN: 9004633499
Category : Law
Languages : en
Pages : 801
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Book Description
The scope of arrangements which provide for some degree of "autonomy" is almost unlimited, as are the norms and means which have been adopted to protect minority rights. Documents on Autonomy and Minority Rights offer examples of some of the unique structures which have been developed to respond to geographic, political, ethnic, linguistic, and other differences under a single sovereignty. They present a broad spectrum of domestic constitutional provisions, statutes, and political agreements, as well as a comprehensive collection of relevant international instruments. The first section includes documents adopted on a global or regional basis to set standards for the protection of minority rights and the rights of indigenous peoples. The second section includes a wide range of national documents related to minority rights and/or autonomy. The last section contains historical documents. The author has written a brief introduction to each document to give the reader unfamiliar with the situation to which a document pertains enough information to consider its context. No single text can be used as a model of autonomy, for every situation is unique. At the same time, however, greater knowledge of a broad range of successful and unsuccessful arrangements may inspire new ideas with which to address conflicts which have claimed tens of thousands of lives in recent years. At the very least, the ingenuity evidenced in some of the documents should encourage experimentation and underscore the need of going beyond the mere recitation of definitions of federalism, consociation, devolution, or other constitutional models. The great variety of institutional arrangements, the detailed provisions developed to resolve particularly difficult local problems, and the flexibility in addressing issues such as revenue-sharing or participation in international organizations, demonstrate that neither "sovereignty" nor "self-determination" need stand in the way of innovative solutions.
Author: Hurst Hannum
Publisher: Martinus Nijhoff Publishers
ISBN: 9004633499
Category : Law
Languages : en
Pages : 801
Get Book Here
Book Description
The scope of arrangements which provide for some degree of "autonomy" is almost unlimited, as are the norms and means which have been adopted to protect minority rights. Documents on Autonomy and Minority Rights offer examples of some of the unique structures which have been developed to respond to geographic, political, ethnic, linguistic, and other differences under a single sovereignty. They present a broad spectrum of domestic constitutional provisions, statutes, and political agreements, as well as a comprehensive collection of relevant international instruments. The first section includes documents adopted on a global or regional basis to set standards for the protection of minority rights and the rights of indigenous peoples. The second section includes a wide range of national documents related to minority rights and/or autonomy. The last section contains historical documents. The author has written a brief introduction to each document to give the reader unfamiliar with the situation to which a document pertains enough information to consider its context. No single text can be used as a model of autonomy, for every situation is unique. At the same time, however, greater knowledge of a broad range of successful and unsuccessful arrangements may inspire new ideas with which to address conflicts which have claimed tens of thousands of lives in recent years. At the very least, the ingenuity evidenced in some of the documents should encourage experimentation and underscore the need of going beyond the mere recitation of definitions of federalism, consociation, devolution, or other constitutional models. The great variety of institutional arrangements, the detailed provisions developed to resolve particularly difficult local problems, and the flexibility in addressing issues such as revenue-sharing or participation in international organizations, demonstrate that neither "sovereignty" nor "self-determination" need stand in the way of innovative solutions.
Author: Hurst Hannum
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792319771
Category : Law
Languages : en
Pages : 806
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Book Description
16, 37, 81, 82, 182-184).
Author: Gnanapala Welhengama
Publisher: Routledge
ISBN: 1351728334
Category : Social Science
Languages : en
Pages : 341
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Book Description
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: Steven C. Roach
Publisher: Routledge
ISBN: 135116046X
Category : Political Science
Languages : en
Pages : 276
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Book Description
This insightful and timely book analyzes the role of cultural autonomy in advancing minority rights protection on the national and global level. It assesses the historical and legal limits of the right to self-determination and autonomy and draws on Marxist internationalism, liberal nationalism and EU integrationist studies to examine the relationship between cultural autonomy and globalization. As such, emphasis is placed on the sociological and historical value of cultural autonomy, with the aim of working beyond formalistic and utilitarian approaches to cultural autonomy. The volume will appeal primarily to upper-level undergraduate and graduate level students of political science and international law interested in rethinking the role of cultural autonomy in an age of globalization.
Author: Tove H. Malloy
Publisher: OUP Oxford
ISBN: 0191063584
Category : Political Science
Languages : en
Pages : 353
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Book Description
Minority Accommodation through Territorial and Non-Territorial Autonomy explores the relationship between minority, territory, and autonomy, and how it informs our understanding of non-territorial autonomy (NTA) as a strategy for accommodating ethno-cultural diversity in modern societies. While territorial autonomy (TA) is defined by a claim to a certain territory, NTA does not assume that it is derived from any particular right to territory, allocated to groups that are dispersed among the majority while belonging to a certain self-identified notion of group identity. In seeking to understand the value of NTA as a public policy tool for social cohesion, this volume critically dissects the autonomy arrangements of both NTA and TA, and through a conceptual analysis and case-study examination of the two models, rethinks the viability of autonomy arrangements as institutions of diversity management. This is the second volume in a five-part series exploring the protection and representation of minorities through non-territorial means, examining this paradox within law and international relations with specific attention to non-territorial autonomy (NTA).
Author: United Nations
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 188
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Book Description
"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.
Author: Jane Wright
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Although this decade has seen a growing focus on the issue of minority rights at both political and legal levels, accompanied by states' accession to a range of international instruments, the collective dimension to minority rights continues largely to elude both legal and academic treatment. This paper argues that autonomy for minority groups is an appropriate mechanism through which a state's obligation to afford a right of self-determination to all its peoples may be fulfilled. Autonomy is the counterweight to the 'group rights' already enjoyed by majority populations. Moreover, an argument can be made that the concept of 'self-determination' as propounded by the UN Declaration on Friendly Relations requires that positive steps are taken to redress the imbalance between majority and minority populations which is caused by the domination of national institutions by the majority culture. The juridical status of the Declaration on Friendly Relations is considered, as well as the steps which have been taken by states to address the minorities' issue.
Author: Hurst Hannum
Publisher: University of Pennsylvania Press
ISBN: 9780812215724
Category : Law
Languages : en
Pages : 552
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Book Description
The content of autonomy
Author: Hurst Hannum
Publisher: Philadelphia : University of Pennsylvania Press
ISBN:
Category : Law
Languages : en
Pages : 528
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Book Description
Demands for "autonomy" or minority rights have given rise to conflicts in every region of the world under every political system. Through an analysis of international legal norms and several specific case studies- including Hong Kong, India, the Kurds and Saamis, Nicaragua, Northern Ireland, Spain, Sri Lanka, and the Sudan-this book goes beyond slogans and identifies a framework in which these conflicts can be addressed. This newly revised edition includes two chapters which expand and update the topical discussions and case studies included in the first edition.
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287157027
Category : Social Science
Languages : en
Pages : 88
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Book Description
The protection of national minorities is a core issue for the Council of Europe, and one of the major achievements in this field is the Framework Convention for the Protection of National Minorities. The entry into force of the Framework Convention on 1 February 1998 was indeed an event of universal stature, for it is the first ever legally binding multilateral instrument devoted to the protection of national minorities in general. Its importance is widely acknowledged, and the number of ratifications has grown rapidly. Simultaneously, an emphasis is being placed on the implementation and on the efficient functioning of the monitoring mechanism of the Framework Convention. This collection provides all those interested in the protection of national minorities a user-friendly compilation of the basic texts concerning the Framework Convention. In addition to the Framework Convention and its explanatory memorandum, the collection contains texts pertaining to the monitoring mechanism in general and the Advisory Committee in particular. It further provides the state of signatures and ratifications as well as declarations and reservations. It also contains a list of State Reports received and Opinions of the Advisory Committee adopted under both the first and second cycles of monitoring.
