Managing Babel: The International Legal Protection of Minorities in the Twentieth Century PDF Download
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Author: Li-Ann Thio
Publisher: BRILL
ISBN: 9047414950
Category : Law
Languages : en
Pages : 399
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Book Description
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.
Author: Li-Ann Thio
Publisher: BRILL
ISBN: 9047414950
Category : Law
Languages : en
Pages : 399
Get Book Here
Book Description
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.
Author: Jane Boulden
Publisher: OUP Oxford
ISBN: 0191664294
Category : Political Science
Languages : en
Pages : 337
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Book Description
One of the most remarkable features of the post-Cold War period has been the upsurge of international involvement in questions of ethnic diversity. From the United Nations and the European Court of Human Rights to diverse international philanthropic and advocacy organizations, a wide range of international actors have adopted policies and principles for addressing questions of ethnic rights, identity, and conflict. International Approaches to Governing Ethnic Diversity explores whether and how these international actors contribute to the peaceful and democratic governance of ethnic diversity. It focuses on two broad areas of international work: the evolution of international legal norms regarding the rights of minorities and indigenous peoples, and international approaches to conflict and post-conflict development. The book charts new territory by mapping the range of international actors who affect the governance of ethnic diversity, and exploring their often contradictory roles and impacts. Most international actors come to questions of ethnic diversity indirectly and reluctantly, on the basis of widely varying mandates many of which were established to fulfill other objectives.They naturally therefore have different priorities and perspectives. And yet, the book identifies a striking convergence amongst international actors around discourses of diversity and equality, demonstrating the existence of an epistemic community where actors work within common vocabularies, discourses and principles that attempt to link human rights, pluralism, development and peace.
Author: Anna-Mária Bíró
Publisher: Taylor & Francis
ISBN: 1000781429
Category : Social Science
Languages : en
Pages : 278
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Book Description
This book addresses the impact of a range of destabilising issues on minority rights in Europe and North America. This collection stems from the fact that liberal democracy did not bring about the “end of history” but rather that the transatlantic region of Europe and North America has encountered a new era of instability, particularly since the global financial crisis. The transatlantic region may have appeared to be entering a period of stability, but terrorist attacks on the soil of Euro-Atlantic states, the financial crisis itself and other changes, including mass migration, the rise of populism, changes in fundamental political conceptions, technological change, and most recently the Covid pandemic, have brought increasing uncertainties and instabilities in existing orders. In these contexts, the book investigates the resulting difficulties and opportunities for minority rights. Bringing together scholars from a range of disciplines who are engaged in work on various unstable orders, the book provides a unique and largely neglected perspective on present developments as well as addressing the pressing issue of the future of the minority rights regime at global, regional and national levels. This book will appeal to those with interests in minority rights, human rights, nationalism, law and politics.
Author: Ebenezer Durojaye
Publisher: Taylor & Francis
ISBN: 1040028934
Category : Social Science
Languages : en
Pages : 289
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Book Description
This collection draws upon a range of thematic and regional case studies and uses the right to health as a normative framework to explore the devastating impact of the COVID-19 pandemic in Africa. Drawing lessons from across the continent, the book discusses the challenges faced by African states seeking to ensure the availability, accessibility, and quality of health care in the context of the COVID-19 pandemic. In particular, the volume explores the impact of the pandemic on the right to health of vulnerable and marginalized groups, such as women, children, elderly persons with disabilities, refugees and asylum seekers, and people from disadvantaged communities. Due to the poor funding of the healthcare systems, access to health-related services was limited to these groups in many African countries, thereby leading to avoidable COVID-19-related deaths through shortages of vital supplies, including diagnostic tests, ventilators, and oxygen cylinders. Chapters in the volume also explore the contentious issues of vaccine mandates, equity, resource allocation, and the rights of healthcare providers during the pandemic. This collection will be of interest to students of public health, human rights, and the social sciences, as well as to academics and policymakers with an interest in the nexus between the COVID-19 pandemic and public health policy in Africa.
Author: Joshua Castellino
Publisher: Routledge
ISBN: 1351933345
Category : Political Science
Languages : en
Pages : 711
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Book Description
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.
Author: Douglas Irvin-Erickson
Publisher: University of Pennsylvania Press
ISBN: 0812248643
Category : Biography & Autobiography
Languages : en
Pages : 320
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Book Description
Raphaël Lemkin was one of the twentieth century's most influential human rights figures, coining the word "genocide" in 1942 and working to embed the idea into international law. This book sheds new light on the concept of genocide, exploring the connection between Lemkin's philosophical writings, juridical works, and politics.
Author: Hakan Ovunc Ongur
Publisher: Lexington Books
ISBN: 0739181491
Category : Political Science
Languages : en
Pages : 197
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Book Description
What are the societal effects of Europeanization? How successful is the EU’s project to create an overarching European identity representative of all its citizens, transcending national boundaries, and including those previously excluded as national minorities? This study addresses these questions by adapting the Social Identity Theory’s (SIT) concept of “social identity” to the discussions of “European identity,” offering a novel approach that remedies previous definitional and ontological problems of the term. The conceptualization of a “European social identity” is generated here to invite a reconsideration of conventional understandings of how minorities’ group identities are formed. Presenting itself as a challenge to nations and nationality, the European integration process has yet to achieve its supra-national ideal, falling instead into the trap of nationalizing those who are subsumed under the category of minorities in practice—arguably because of a faulty theoretical understanding of the term. The new “Others” of Europeanization have been chosen specifically to emphasize, despite the EU’s “united in diversity” rhetoric, the marked lack of united destiny and common heritage of selected European nationals. Among these new Others, Russophones in the Baltic states, the Roma people, populations of the Western Balkans, immigrants and guest workers, and Muslims residing in European countries have all been excluded from Europe’s new social identity. Through in-depth historical analysis, this book aims to correct this problem, providing both European studies and broader political science literatures with a new understanding of minorities that is more dynamic both in practice and theory.
Author: Kristin Henrard
Publisher: BRILL
ISBN: 9004189718
Category : Law
Languages : en
Pages : 454
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Book Description
While allegations of double standards are mostly voiced in relation to the EU, this book takes a multidimensional approach to the use of differential standards concerning minorities and minority protection. Not only do academics from different disciplines contribute to the volume but the multidimensionality also resides in the fact that several international organisations active in the field of minority protection are included in the analysis. Furthermore differential standards are also discussed in relation to the (ongoing debate about the status and rights of) ‘new’ minorities. Finally, the challenge of protecting minorities and other vulnerable groups within minorities is addressed. In the process the book revisits the fundamental tenets of minority protection as well as the basic rational of the international organisations concerned.
Author: S.R. Goldstein-Sabbah
Publisher: BRILL
ISBN: 9004323287
Category : History
Languages : en
Pages : 329
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Book Description
Modernity, Minority, and the Public Sphere: Jews and Christians in the Middle East explores the many facets associated with the questions of modernity and minority in the context of religious communities in the Middle East by focusing on inter-communal dialogues and identity construction among the Jewish and Christian communities of the Middle East and paying special attention to the concept of space.This volume draws examples of these issues from experiences in the public sphere such as education, public performance, and political engagement discussing how religious communities were perceived and how they perceived themselves. Based on the conference proceedings from the 2013 conference at Leiden University entitled Common Ground? Changing Interpretations of Public Space in the Middle East among Jews, Christians and Muslims in the 19th and 20th Century this volume presents a variety of cases of minority engagement in Middle Eastern society. With contributions by: T. Baarda, A. Boum, S.R. Goldstein-Sabbah, A. Massot, H. Müller-Sommerfeld, H.L. Murre-van den Berg, L. Robson, K.Sanchez Summerer, A. Schlaepfer, D. Schroeter and Y. Wallach
Author: Kalana Senaratne
Publisher: Cambridge University Press
ISBN: 1108625681
Category : Law
Languages : en
Pages : 293
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Book Description
Internal self-determination is an under-explored topic in international law. It is popularly understood to be a principle of relatively recent origin, promoting democratic freedoms to populations and autonomy for minority groups within states. It has also been viewed as a principle receiving the support of Western states, in particular. In this first book-length critical study of the topic, the reader is invited to rethink the history, theory and practice of internal self-determination in a complex world. Kalana Senaratne shows that it is a principle of great, but varied, potential. Internal self-determination promises democratic freedoms and autonomy to peoples; but it also represents an idea which is not historically new, and is ultimately a principle which can be promoted for different and conflicting purposes. Written in a clear and accessible style, this book will be of interest to international lawyers, state-officials, minority groups, and students of law and politics.
