Democracy, Minorities and International Law PDF Download

Author: Steven Wheatley
Publisher: Cambridge University Press
ISBN: 9780521848985
Category : Law
Languages : en
Pages : 246

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Book Description
This work explores the contribution that international law may make to the resolution of culture conflicts--political disputes between the members of different ethno-cultural groups--in democratic States. International law recognizes that persons belonging to minorities have the right to enjoy their own culture and peoples have the right to self-determination without detailing how these principles are to be put into effect. The emergence of democracy as a legal obligation of States permits the international community to concern itself with both the procedure and substance of 'democratic' decisions concerning ethno-cultural groups.

Author: Athanasia Spiliopoulou Åkermark
Publisher: BRILL
ISBN: 9004479872
Category : Law
Languages : en
Pages : 331

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Book Description
This volume examines minority protection in international law. Its task is twofold: to examine existing methods of minority protection, and to analyse the underlying justifications of minority protection as reflected in international legal standards and discourse. Part I outlines the theoretical framework; Part II addresses minority protection and its justifications in the League of Nations, the Council of Europe, the OSCE and the United Nations. Finally, the author argues that it is possible to develop a working holistic approach to minority protection combining protection of peace, human dignity and culture.

Author: European Commission for Democracy through Law
Publisher: Council of Europe
ISBN: 9789287126474
Category : Political Science
Languages : en
Pages : 444

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Book Description
This publication aims to make the Venice Commission's work in the field of protection of minorities more available to the public. It includes, on the one hand, the Proposal for a European Convention on the protection of minorities, as a reply to the heartfelt need for protection of minorities at the European level. The proposal and its explanatory report appear in the first chapter of the publication. This publication includes, in addition, firstly the report on the protection of minorities at domestic law level which was drawn up within the framework of the Venice Commission and secondly the report concerning the special protection of which minorities can take advantage in States with a Federal or Regional structure. The report in question was established on the basis of replies provided by representatives of several European and non-European States to a questionnaire drawn up by the Commission; the questionnaire, together with the replies, appears in an Appendix to the report. Perusal of the replies given by representatives of different States to the same question allows for a rapid appraisal of the solutions adopted in national laws to identical problems of protection of minorities. The European Commission for Democracy through Law considers the question of the protection of minorities to be one of the most important fields of its activity. (Adapted from.

Author: Alcidia Moucheboeuf
Publisher: Conseil de l'Europe
ISBN:
Category : Law
Languages : en
Pages : 854

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Book Description
This publication contains information on the statements and judgements made in minority rights court cases by the following international bodies: the European Court of Human Rights (Council of Europe); the African Commission on Human and People's Rights; the European Court of Justice (European Union); the Inter-American Court of Human Rights, the International Court of Justice; the Permanent Court of International Justice and the United Nations Human Rights Committee. The information is organised under the following subject headings: assembly; association; discrimination; due process; education; effective participation; existence; expression; family life; group identity; international aspects; limitations, derogations and restrictions; linguistic rights; minority issues; religion; and socio-economic rights. A list of case summaries and the text of selected major international conventions in this field are included as annexes.

Author: Allan Rosas
Publisher: Martinus Nijhoff Publishers
ISBN: 9004479384
Category : Law
Languages : en
Pages : 266

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Book Description
At the beginning of the 1990's, all CSCE (Conference on Security and Co-operation in Europe) States committed themselves to pluralist democracy, the rule of law and human rights and fundamental freedoms. The idea of pluralist democracy is also gaining ground in other parts of the world.

Author: Anna-Mária Bíró
Publisher: Taylor & Francis
ISBN: 1000781526
Category : Political Science
Languages : en
Pages : 212

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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: Marc Weller
Publisher:
ISBN: 0199569983
Category : Law
Languages : en
Pages : 921

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Book Description
This Commentary provides the reader with a review of international standards and practice relating to the political participation of minorities. Political participation has been increasingly recognized as a foundational issue in the debate about minority rights. It is argued that minorities are more likely to feel co-ownership in the state if they have the opportunity to participate freely and effectively in all aspects of its governance, and that sustained and meaningful engagement will guard against the sense of alienation and exclusion among minorities that often emerges in ethnically divided societies. Taking as its starting point the two most important standard-setting documents in the field - the Lund Recommendations on the Effective Participation of National Minorities in Public Life, developed by the Organization for Security and Cooperation in Europe, and the Council of Europe's Thematic Commentary on the Issue of Political Participation of Minorities - the Commentary locates the international legal entitlement to political participation within the wider context of the right to democratic governance. It also considers effective participation in relation to the right to full and effective equality, as well as the legal entrenchment of these provisions and implementation mechanisms. Individual chapters then consider each of the principal mechanisms aimed at enhancing political participation, ranging from procedures covering minority representation in political institutions to consultative mechanisms and autonomy solutions. The Commentary draws on a team of experts, all of whom are recognized authorities in this specialized area of minority issues.

Author: Gaetano Pentassuglia
Publisher: BRILL
ISBN: 9047430166
Category : Law
Languages : en
Pages : 304

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Book Description
Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies – particularly in the Americas, Africa and Europe – in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group’s perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative – practical and theoretical – perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.

Author: András Sajó
Publisher: Eleven International Publishing
ISBN: 9077596046
Category : Civil rights
Languages : en
Pages : 271

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Book Description
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.

Author: Olgun Akbulut
Publisher: BRILL
ISBN: 9004405453
Category : Law
Languages : en
Pages : 285

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Book Description
This volume, Minority Self-Government in Europe and theMiddle 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.