Author : Thomas D. Musgrave
Publisher : Oxford University Press, USA
Page : 346 pages
File Size : 25,55 MB
Release : 1997
Category : Law
ISBN :
The Western Sahara Case
Author : Ulrike Barten
Publisher : Springer
Page : 299 pages
File Size : 10,4 MB
Release : 2014-09-23
Category : Law
ISBN : 3319088769
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.
Author : Joshua Castellino
Publisher : Martinus Nijhoff Publishers
Page : 318 pages
File Size : 23,46 MB
Release : 2000-09-14
Category : Law
ISBN : 9789041114099
TABLE OF UN DOCUMENTS.
Author : Nazila Ghanea-Hercock
Publisher : BRILL
Page : 370 pages
File Size : 29,4 MB
Release : 2005-05-01
Category : Law
ISBN : 9047407113
The present volume, in honour of Professor Patrick Thornberry, presents new thinking on minority and indigenous rights in international law. Contributors to this 17 chapter volume include an impressive range of academics, thinkers, practitioners and international civil servants with a number of different approaches to this complex area. Not all of them take a legal approach, and this exploration benefits from the variety of frameworks utilised in contributing to the controversial area of minority and indigenous rights. Debates that receive attention in this volume include self-determination, definitional issues, collective rights and rights to natural resources. Other chapters unravel challenges that have not attracted sufficient attention to date, such as multiculturalism, integration, colour as a ground for discrimination and the economic and social rights of minorities. The volume also looks critically at the work of the World Bank, the African Union, the Council of Europe and the OSCE in this arena. Finally, case studies highlight the regrettable similarities in the suffering of groups in different parts of the world as well as the stark contrast between state claims and their actual practice. The contributors are: Gudmundur Alfredsson, Michael Banton, Joshua Castellino, Erica‐lrene A. Daes, María-Amor Estébanez, Nazila Ghanea, Geoff Gilbert, Bülent Gökay, Tom Hadden, Dominic McGoldrick, Timothy Murithi, John Packer, Chandra K. Roy, Malcolm N. Shaw, Martin Scheinin, Sia Spiliopoulou Åkermark, and Alexandra Xanthaki.
Author : Anna Moltchanova
Publisher : Springer Science & Business Media
Page : 224 pages
File Size : 13,70 MB
Release : 2009-08-28
Category : Philosophy
ISBN : 9048126916
Substate nationalism, especially in the past fifteen years, has noticeably affected the political and territorial stability of many countries, both democratic and democratizing. Norms exist to limit the behavior of collective agents in relation to individuals; the set of universally accepted human rights provides a basic framework. There is a lacuna in international law, however, in the regulation of the behavior of groups toward other groups, with the exception of relations among states. The book offers a normative approach to moderate minority nationalism that treats minorities and majorities in multinational states justly and argues for the differentiation of group rights based on how group agents are constituted. It argues that group agency requires a shared set of beliefs concerning membership and the social ontology it offers ensures that group rights can be aligned with individual rights. It formulates a set of principles that, if adopted, would aid conflict resolution in multinational states. The book pays special attention to national self-determination in transitional societies. The book is intended for everyone in political philosophy and political science interested in global justice and international law and legal practitioners interested in normative issues and group rights
Author : Barbara F. Walter
Publisher : Cambridge University Press
Page : 271 pages
File Size : 42,35 MB
Release : 2009-08-27
Category : History
ISBN : 0521763525
Attempts to resolve why self-determination disputes between governments and ethnic minorities so often result in civil war.
Author : Linzhu Wang
Publisher : Brill - Nijhoff
Page : 0 pages
File Size : 18,44 MB
Release : 2019
Category : Minorities
ISBN : 9789004380561
In this book Linzhu Wang offers an insightful analysis of the rights of China's minorities from the perspective of self-determination.
Author : Olgun Akbulut
Publisher : BRILL
Page : 285 pages
File Size : 46,34 MB
Release : 2019-07-08
Category : Law
ISBN : 9004405453
This volume, Minority Self-Government in Europe and the Middle East: From Theory to Practice, is novel from several perspectives. It combines theory with facts on the ground, going beyond legal perspectives without neglecting existing laws and their implementation. Theoretical discussions transcend examining existing autonomy models in certain regions. It offers new models in the field, discussing such critical themes as environmentalism. Traditional concepts such as self-determination and well-known successful autonomy examples, including the Åland Islands, Basque and Catalonian models, are examined from different perspectives. Some chapters in this volume focus on certain regions (including Turkey, Syria, and Iraq) which have only recently received scholarly attention. Chapters complement one another in terms of their theoretical inputs and outputs from the field.
Author : Kalana Senaratne
Publisher : Cambridge University Press
Page : 293 pages
File Size : 46,68 MB
Release : 2021-08-05
Category : Law
ISBN : 1108625681
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.
Author : Fernando R. Tesón
Publisher : Cambridge University Press
Page : 259 pages
File Size : 23,29 MB
Release : 2016-04-06
Category : Law
ISBN : 1107119138
In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
