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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 demonstrates that a more plausible and realistic concept of minority rights should consist of not only rights against the state but also rights against the group. She formulates and defends three separate but related rights to dialogue, and thoroughly analyses how they may operate not only to maintain a healthy balance between the minorities’ need to be culturally distinct and their need to relate to and belong in the larger society, but also that they address the generalisations and presuppositions on which the debate of multiculturalism has been based, and constitute the first step of a possible solution to many of the theoretical and practical difficulties of minority protection.
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 demonstrates that a more plausible and realistic concept of minority rights should consist of not only rights against the state but also rights against the group. She formulates and defends three separate but related rights to dialogue, and thoroughly analyses how they may operate not only to maintain a healthy balance between the minorities’ need to be culturally distinct and their need to relate to and belong in the larger society, but also that they address the generalisations and presuppositions on which the debate of multiculturalism has been based, and constitute the first step of a possible solution to many of the theoretical and practical difficulties of minority protection.
Author: Hanna Hua Wei Publisher: ISBN: Category : Languages : en Pages :
Book Description
This is a thesis on the clarification and re-conception of the notion of minority rights. It involves a critical analysis of competing theories and conceptions of minority rights as well as current international minority rights law. It has three main aims. Firstly, it aims to demonstrate that a more plausible and more realistic concept of minority rights should consist of rights against the state as well as rights against the group, and that the notion of group rights (against the state) must and can be formally endorsed in order to accurately reflect the interests and needs of minority groups. Secondly, it calls for a decisive departure from the determinist understanding of both group rights and individual rights, and seeks to build dialogue into the notion and regime of minority rights by formulating and defending three separate but related rights to dialogue: the group's collective right to external dialogue, individual members' individual right to external dialogue, and individual members' individual right to internal dialogue. The thesis will show how these three dialogical rights can operate to maintain a healthy balance between the minorities' need to be culturally distinct and their need to relate to, to communicate with, and to belong in, the wider society. Thirdly, this thesis aims to argue that the focus of attention in the field of minority rights protection should shift from drawing fixed boundaries to conflict resolution and interaction management - the conflict and interaction between group rights and individual rights, between short-term aims and long-term goals, and between ethno-cultural justice, social unity and geo-political security. I wish strongly to emphasise the need to challenge the generalizations and assumptions on which much of the debate has been based and which have resulted in profound confusions and irrational fears. Particular attention is also paid to the interplay between legal, non-legal, social and political factors in the recognition and protection of minority rights.
Author: Malcolm N. Shaw Publisher: Cambridge University Press ISBN: 1316991741 Category : Law Languages : en Pages : 1123
Book Description
International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.
Author: Clive Baldwin Publisher: Minority Rights Group ISBN: 1904584624 Category : Social Science Languages : en Pages : 44
Book Description
This report, Minority Rights: The Key to Conflict Prevention, cogently argues that an understanding of minority rights is essential for anyone dealing with conflict prevention and resolution. The report’s authors, Clive Baldwin, Chris Chapman and Zoë Gray, demonstrate the strong links between minority rights violations and the outbreak of major conflicts, drawing on research carried out in China, India, Iraq, Kosovo, Nicaragua, the Philippines and Sudan, among other states. MRG’s report shows how minority rights violations are often warning signs of an approaching conflict. This new report looks at five themes: minority identity, the ability of minorities to participate in political and economic life, land/property rights and justice issues. Using case studies and providing practical advice, the authors show why ignoring early warning signs in any of these areas could lead to a build up of tensions and ultimately, violent conflict. The international community’s record on minority rights and conflict prevention is examined and found wanting. The report concludes with a checklist and a series of recommendations aimed at international bodies working on conflict prevention and resolution.
Author: Hanna H. Wei Publisher: Springer Nature ISBN: 9811697523 Category : Political Science Languages : en Pages : 283
Book Description
This book draws attention to the nonlegal, sociocultural aspects of justice for minorities in China. The primary objectives are threefold. The first is to present a tentative analysis of the lived realities of being ‘the other’ in China, with the aim of presenting a critical picture of the complex national context and identifying main concerns and key challenges. Six topics are covered - gender roles, health, class, intimacy, ethnicity and religion, and expression. The second objective is to explore the interaction between a wide range of factors and myriad systems that enable or hinder protection and justice for these groups, be they historical, political, social, or cultural, hoping to open up a rich domain of inquiry for those interested in to what extent and in what ways otherness may or may not survive in China. The third objective is to bring attention to new trends and developments, some are easily identifiable whereas others are less detectable, some are interrelated while others are relatively isolated, some are straightforward and others remain easily misinterpreted.
Author: Joshua Castellino Publisher: OUP Oxford ISBN: 0191668885 Category : Law Languages : en Pages : 502
Book Description
Within the Middle East there are a wide range of minority groups outside the mainstream religious and ethnic culture. This book provides a detailed examination of their rights as minorities within this region, and their changing status throughout the twentieth and twenty-first centuries. The rights of minorities in the Middle East are subject to a range of legal frameworks, having developed in part from Islamic law, and in recent years subject to international human rights law and institutional frameworks. The book examines the context in which minority rights operate within this conflicted region, investigating how minorities engage with (or are excluded from) various sites of power and how state practice in dealing with minorities (often ostensibly based on Islamic authority) intersects with and informs modern constitutionalism and international law. The book identifies who exactly can be classed as a minority group, analysing in detail the different religious and ethnic minorities across the region. The book also pays special attention to the plight of minorities who are spread between various states, often as the result of conflict. It assesses the applicable domestic legislative instruments within the three countries investigated as case studies: Iraq, Syria, and Lebanon, and highlights key domestic remedies that could serve as models for ensuring greater social cohesion and greater inclusion of minorities in the political life of these countries.
Author: Jay A. Sigler Publisher: Praeger ISBN: Category : Law Languages : en Pages : 264
Book Description
The unprecedented mass movement of populations since World War II has increased tensions among groups of people by breaking down the homogeneity of older countries and increasing the fragility of newly independent states encompassing several minorities within their borders. These changes, according to author Jay Sigler, dictate the necessity of clarifying human and minority rights. He highlights the main points of minority rights, traces their history, and demonstrates their distinctly modern features. Sigler considers the theoretical implications of minority versus individual and collective rights and examines the efforts in this area made by the United States, India, the United Kingdom, Belgium, and the Union of Soviet Socialist Republics. Finally, he proposes his own provisional theory of minority rights.
Author: Limor Yehuda Publisher: Cambridge University Press ISBN: 1009093185 Category : Political Science Languages : en Pages : 355
Book Description
In recent decades international and regional human rights norms have been increasingly applied to constitutional provisions, revealing significant tensions between primary political arrangements, such as power-sharing institutions, and human rights norms. This book argues that these tensions, generally framed as a peace versus justice dilemma, are built on an individualistic conception of justice that fails to account for the empirical reality in places characterized by ethnically based political exclusion and inequalities. By introducing the concept of 'Collective Equality' as a new theoretical basis for the law of peace, this timely book proposes a new approach for dealing with the tensions between peace-related arrangements and human rights norms. Through principled, pragmatic, and legal reasoning the book develops a new paradigm that captures more accurately what equality and human rights mean and require in the context of ethno-national conflicts, and provides potent guidance for advancing justice and peace in such places.
Author: R.E. Lowe-Walker Publisher: UBC Press ISBN: 0774832878 Category : Political Science Languages : en Pages : 234
Book Description
Achieving socio-political cohesion in a community with significant ethnic, cultural, and religious diversity is a difficult challenge in contemporary liberal democracies. In the quest for neutrality, public policies and institutions shaped by the needs of the majority can inadvertently marginalize minority interests. Minority groups must therefore translate their desire for cultural recognition into terms that, ironically, often minimize cultural difference. Intercultural Deliberation and the Politics of Minority Rights examines the relationship between this minority rights paradox and cultural difference, building a compelling case for an inclusive approach to navigating minority rights claims. R.E. Lowe-Walker’s intercultural deliberation is designed to mitigate the injustices imposed by majority norms. Instead of asking what the liberal state can tolerate, she asks how our understanding of difference affects our interpretation of minority claims, shifting the focus from how to limit difference toward inclusive deliberations. This important work thus serves as a measure of social justice and a vehicle for social change.
Author: Clive Baldwin Publisher: Minority Rights Group ISBN: Category : Political Science Languages : en Pages : 46
Book Description
This new report looks at five themes: minority identity, the ability of minorities to participate in political and economic life, land/property rights and justice issues. Using case studies and providing practical advice, the authors show why ignoring early warning signs in any of these areas could lead to a build up of tensions and ultimately, violent conflict.