Protection Of Minority Rights Through Bilateral Treaties

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Since the end of the Cold War, mounting tensions related to national minorities have increased international efforts to contain and to solve these inter-ethnic disputes. While much has been written about the efforts of international organizations, such as the United Nations, the Council of Europe and the OSCE, in this respect, much less attention has been paid to the advances in minority issues made on a bilateral level. Many former socialist states have concluded bilateral treaties to improve their relations, and these treaties often include clauses relating to mutual national minorities. Against this background, and at the request of the High Commissioner on National Minorities, the Foundation on Interethnic Relations in The Hague convened two meetings of legal experts to discuss the relevance of bilateral treaties for the settlement of inter-ethnic disputes. These meetings form the basis of the current publication, which includes an analysis and a collection of case studies. The case studies center around Poland, Hungary and Russia and offer a comprehensive survey of the network of bilateral treaties and the role of minority rights within these instruments. The book also contains the English translation of the main parts of the relevant bilateral agreements that are ordinarily difficult to access for scientific research. This book will therefore serve as an important instrument for anyone involved in the study of inter-ethnic conflict and minority rights.

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Genre : Law
Author : Arie Bloed
Publisher : BRILL
Release : 2021-10-25
File : 470 Pages
ISBN-13 : 9789004479333


European Yearbook Of Minority Issues

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2001-May 2002 Sally Holt.

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Genre : Law
Author : European Centre for Minority Issues Staf
Publisher : Martinus Nijhoff Publishers
Release : 2003-01-01
File : 680 Pages
ISBN-13 : 9041119566


Managing Babel The International Legal Protection Of Minorities In The Twentieth Century

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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.

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Genre : Law
Author : Li-Ann Thio
Publisher : BRILL
Release : 2005-01-01
File : 399 Pages
ISBN-13 : 9789047414957


Minorities In International Law

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This book, the first in the series of publications on minority issues, provides a critical overview of the protection of minority groups in international law. Topics covered include: the definition of a minority, concepts of state sovereignty and self-determination; the historical context to international human rights law; the legal frameworks developed by the UN, the Council of Europe, the Organisation for Security and Co-operation in Europe (OSCE) and the EU; as well as examples of legal approaches adopted by individual European countries to address the protection of minorities.

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Genre : Law
Author : Gaetano Pentassuglia
Publisher : Council of Europe
Release : 2002-01-01
File : 304 Pages
ISBN-13 : 9789287147738


International Norms And Standards For The Protection Of National Minorities

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A broad network of bilateral treaties for the protection of national minorities has been set up during the past fifteen years. They complement and further develop the Framework Convention for the Protection of National Minorities and other multilateral instruments. Some texts are genuine international treaties, while others are non-binding political documents. The present book brings all these texts together in a reliable English translation, which offers practitioners and researchers easy access to and supplies knowledge on the present state of development of the conventional and customary sources of law in this field. The introductory study helps further understanding of the legal character of the texts and explains how to work with these often complex and interrelated sources of law.

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Genre : Law
Author : Björn Arp
Publisher : BRILL
Release : 2008-09-30
File : 544 Pages
ISBN-13 : 9789047431398


The Weaknesses In The International Protection Of Minority Rights

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The issue of minority rights continues to occupy a sensitive position in international law. Historical as well as contemporary events show that the subject is also capable of engulfing the international community as a whole. The contention of the present study is that international law is in itself a difficult medium for providing adequate rights for minorities and for effectively safeguarding those rights. This volume analyses the weaknesses in the international protection of minority rights through a detailed examination of the practices and policies of Pakistan. Thought-provoking and original in its approach, this volume will prove to be of enormous value to international human rights lawyers and to scholars engaged in the study of minority rights in South-Asia and Pakistan.

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Genre : Law
Author : Javaid Rehman
Publisher : BRILL
Release : 2021-10-05
File : 282 Pages
ISBN-13 : 9789004478466


Minority Rights In Europe

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This publication discusses the main standards and mechanisms created by the Council of Europe and other international organisations to protect the rights of minorities in Europe, including key legal instruments such as the European Convention on Human Rights, the Framework Convention for the Protection of National Minorities, and the European Charter for Regional and Minority Languages. It reviews the monitoring activities in various Council of Europe member and non-member states, both prior to their accession and in their post-accession phase. The publication also includes a detailed examination of the case of the Roma/Gypsies, a specific minority without a 'kin state'.

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Genre : Law
Author : Patrick Thornberry
Publisher : Council of Europe
Release : 2004-01-01
File : 686 Pages
ISBN-13 : 9789287153661


Minority Rights Protection In International Law

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There are approximately ten million Roma in Europe, making them the continent’s largest non-territorial minority. Despite this fact, the Roma continue to experience routine discrimination and marginalization in European countries. As a result they are seldom engaged in national political activism and are frequently at the bottom of the economic and social ladder. The severity of exclusion experienced by the Roma in societies which have long paid heed to the notion of individual, universal human rights - combined with their geographical dispersal and heterogeneous nature - makes the study of the Roma highly informative. This book examines the theoretical debate concerning the most appropriate way of protecting the fundamental human rights of the Roma, which also illuminates ways in which the rights of minority groups can be protected more generally. As a result, this work will be a valuable resource for social scientists and practitioners in the field of human rights.

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Genre : Social Science
Author : Helen O'Nions
Publisher : Routledge
Release : 2016-04-22
File : 380 Pages
ISBN-13 : 9781317095644


Managing And Settling Ethnic Conflicts

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Interest in the study of ethnic conflict has grown over the past decade. This is partly due to its re-emergence in Central and Eastern Europe after the collapse of communism, as well as its prolonged and violent manifestation in Sri Lanka, East Timor, Ethiopia/Eritrea, the Middle East, Corsica and the Spanish part of the Basque country. Moreover, events in Kosovo and East Timor prompted the international community to engage in controversial and often difficult peace-making and peacekeeping operations. This collection seeks to explore the issues surrounding this type of conflict. Following a theoretical introduction, recognized experts in ethnopolitics provide in-depth case studies, covering each of the major approaches to conflict management and settlement in different geographic regions. The conclusion summarizes the findings and assesses future prospects. Thus, a comprehensive picture of the state of the discipline emerges alongside an overview of current ethnic conflicts worldwide.

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Genre : Business & Economics
Author : NA NA
Publisher : Springer
Release : 2016-09-27
File : 300 Pages
ISBN-13 : 9781137078148


Mechanisms For The Implementation Of Minority Rights

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This book, the second in the series of publications on minority issues, examines the political and legal mechanisms available at European and international levels for the implementation of minority rights standards. Chapters cover the following topics: the concept of international minority rights; UN treaty monitoring bodies, particularly the Human Rights Committee; the UN Working Group on Minorities; the International Court of Justice; the European Court of Human Rights; the Framework Convention for the Protection of National Minorities; the European Charter for Regional or Minority Languages; the CSCE/OSCE mechanism for protection of minority rights; EU standards and mechanisms for the protection of minorities and the prevention of discrimination; bilateral agreements and their implementation.

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Genre : Political Science
Author : European Centre for Minority Issues
Publisher : Council of Europe
Release : 2004-01-01
File : 247 Pages
ISBN-13 : 9789287154996