Author: Ulrike Barten
Publisher: Springer
ISBN: 3319088769
Category : Law
Languages : en
Pages : 299
Book Description
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.
Minorities, Minority Rights and Internal Self-Determination
Author: Ulrike Barten
Publisher: Springer
ISBN: 3319088769
Category : Law
Languages : en
Pages : 299
Book Description
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.
Publisher: Springer
ISBN: 3319088769
Category : Law
Languages : en
Pages : 299
Book Description
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
Author: Kristin Henrard
Publisher: BRILL
ISBN: 9004482504
Category : Law
Languages : en
Pages : 384
Book Description
Publisher: BRILL
ISBN: 9004482504
Category : Law
Languages : en
Pages : 384
Book Description
Self-determination and National Minorities
Author: Thomas D. Musgrave
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 346
Book Description
The Western Sahara Case
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 346
Book Description
The Western Sahara Case
Self-determination and Minority Rights in China
Author: Linzhu Wang
Publisher: Brill - Nijhoff
ISBN: 9789004380561
Category : Minorities
Languages : en
Pages : 0
Book Description
In this book Linzhu Wang offers an insightful analysis of the rights of China's minorities from the perspective of self-determination.
Publisher: Brill - Nijhoff
ISBN: 9789004380561
Category : Minorities
Languages : en
Pages : 0
Book Description
In this book Linzhu Wang offers an insightful analysis of the rights of China's minorities from the perspective of self-determination.
Peoples and Minorities in International Law
Author: Catherine Brölmann
Publisher: BRILL
ISBN: 9004641998
Category : Law
Languages : en
Pages : 378
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.
Publisher: BRILL
ISBN: 9004641998
Category : Law
Languages : en
Pages : 378
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.
Secession in International Law
Author: Milena Sterio
Publisher: Edward Elgar Publishing
ISBN: 1785361228
Category : Law
Languages : en
Pages : 200
Book Description
Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.
Publisher: Edward Elgar Publishing
ISBN: 1785361228
Category : Law
Languages : en
Pages : 200
Book Description
Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.
A Dialogical Concept of Minority Rights
Author: Hanna H. Wei
Publisher: BRILL
ISBN: 9004312048
Category : Law
Languages : en
Pages : 276
Book Description
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.
Publisher: BRILL
ISBN: 9004312048
Category : Law
Languages : en
Pages : 276
Book Description
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.
Minority Rights
Author: Jennifer Jackson Preece
Publisher: Polity
ISBN: 0745623964
Category : Law
Languages : en
Pages : 224
Book Description
The question of minority rights is one of the great dilemmas of contemporary politics. Increases in the flow of immigrants, migrants and refugees have raised public concerns that greater cultural and ethnic diversity creates instability within nation-states. But does stability really require homogeneity? Or can it be maintained in the presence of different minority groups? In this path-breaking book, Jackson Preece analyses whether traditional minority rights theory is sufficiently dynamic to inform effective responses to modern challenges. The central premise behind minority rights is that groups recognized and supported by the political community are far less likely to challenge its authority or threaten its territorial integrity. However, as Jackson Preece shows, the potential for collisions of values and interests still exists, and the possibility of a permanent solution to the problem of diversity remains illusive. Minority Rights will be an indispensable resource for students and scholars of political science, international relations, law, and sociology.
Publisher: Polity
ISBN: 0745623964
Category : Law
Languages : en
Pages : 224
Book Description
The question of minority rights is one of the great dilemmas of contemporary politics. Increases in the flow of immigrants, migrants and refugees have raised public concerns that greater cultural and ethnic diversity creates instability within nation-states. But does stability really require homogeneity? Or can it be maintained in the presence of different minority groups? In this path-breaking book, Jackson Preece analyses whether traditional minority rights theory is sufficiently dynamic to inform effective responses to modern challenges. The central premise behind minority rights is that groups recognized and supported by the political community are far less likely to challenge its authority or threaten its territorial integrity. However, as Jackson Preece shows, the potential for collisions of values and interests still exists, and the possibility of a permanent solution to the problem of diversity remains illusive. Minority Rights will be an indispensable resource for students and scholars of political science, international relations, law, and sociology.
Minorities Within Minorities
Author: Avigail Eisenberg
Publisher: Cambridge University Press
ISBN: 9780521603942
Category : Political Science
Languages : en
Pages : 412
Book Description
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.
Publisher: Cambridge University Press
ISBN: 9780521603942
Category : Political Science
Languages : en
Pages : 412
Book Description
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.
Universal Minority Rights
Author: Minority Rights Group
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 392
Book Description
Of the CSCE (1990)
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 392
Book Description
Of the CSCE (1990)