Minorities, Minority Rights and Internal Self-Determination
Title | Minorities, Minority Rights and Internal Self-Determination PDF eBook |
Author | Ulrike Barten |
Publisher | Springer |
Pages | 299 |
Release | 2014-09-23 |
Genre | 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.
Self-determination and Minority Rights in China
Title | Self-determination and Minority Rights in China PDF eBook |
Author | Linzhu Wang |
Publisher | Brill - Nijhoff |
Pages | 0 |
Release | 2019 |
Genre | 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.
Statehood and the Law of Self-Determination
Title | Statehood and the Law of Self-Determination PDF eBook |
Author | David Raic |
Publisher | BRILL |
Pages | 515 |
Release | 2002-09-01 |
Genre | Law |
ISBN | 904740338X |
Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.
Secession in International Law
Title | Secession in International Law PDF eBook |
Author | Milena Sterio |
Publisher | Edward Elgar Publishing |
Pages | 239 |
Release | 2018-08-31 |
Genre | Law |
ISBN | 1785361228 |
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.
Minority Self-Government in Europe and the Middle East
Title | Minority Self-Government in Europe and the Middle East PDF eBook |
Author | Olgun Akbulut |
Publisher | BRILL |
Pages | 285 |
Release | 2019-07-08 |
Genre | 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.
Promoting and Protecting Minority Rights
Title | Promoting and Protecting Minority Rights PDF eBook |
Author | United Nations |
Publisher | |
Pages | 188 |
Release | 2012 |
Genre | Business & Economics |
ISBN |
"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.
Militant Democracy
Title | Militant Democracy PDF eBook |
Author | András Sajó |
Publisher | Eleven International Publishing |
Pages | 271 |
Release | 2004 |
Genre | Civil rights |
ISBN | 9077596046 |
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.