Self-determination and National Minorities PDF Download

Author: Thomas D. Musgrave
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 346

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Book Description
The Western Sahara Case

Author: Ulrike Barten
Publisher: Springer
ISBN: 3319088769
Category : Law
Languages : en
Pages : 299

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Book Description
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: Nazila Ghanea-Hercock
Publisher: Martinus Nijhoff Publishers
ISBN: 9004143017
Category : Social Science
Languages : en
Pages : 371

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Book Description
This volume presents new thinking on minority and indigenous rights in international law. 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.

Author: Thomas Duncan Musgrave
Publisher:
ISBN:
Category : Minorities
Languages : en
Pages : 940

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Book Description

Author: Kristin Henrard
Publisher: BRILL
ISBN: 9004482504
Category : Law
Languages : en
Pages : 384

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Book Description

Author: Gnanapala Welhengama
Publisher: Routledge
ISBN: 1351728334
Category : Social Science
Languages : en
Pages : 341

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Book Description
This title was first published in 2000: An investigation of how the claims of minority groups for greater political power through 'autonomy' and 'secession' clash with the concerns of the nation-State, and how States’ refusals to respond positively to such claims contribute to the escalation of ethnic conflicts in contemporary multi-ethnic polities. In addition, this book examines the extent to which the international community is prepared to accommodate the concerns of minority groups beyond traditionally identified 'minority rights'. The validity of claims for autonomy with shared-sovereignty, autonomy as an inherent part of self-determination, autonomy as a solution to current ethnic conflicts, secessionist and irredentist movements and their impact on peace and security are analyzed in detail. Most importantly, whether minorities as such can secede from the State in which they live by virtue of self-determination is critically analyzed. The discussion of 'peoples' in the context of self-determination is the first detailed research on this subject to appear in international and human rights literature.

Author: Joshua Castellino
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041114099
Category : Law
Languages : en
Pages : 318

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Book Description
TABLE OF UN DOCUMENTS.

Author: Steven C. Roach
Publisher: Routledge
ISBN: 135116046X
Category : Political Science
Languages : en
Pages : 276

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Book Description
This insightful and timely book analyzes the role of cultural autonomy in advancing minority rights protection on the national and global level. It assesses the historical and legal limits of the right to self-determination and autonomy and draws on Marxist internationalism, liberal nationalism and EU integrationist studies to examine the relationship between cultural autonomy and globalization. As such, emphasis is placed on the sociological and historical value of cultural autonomy, with the aim of working beyond formalistic and utilitarian approaches to cultural autonomy. The volume will appeal primarily to upper-level undergraduate and graduate level students of political science and international law interested in rethinking the role of cultural autonomy in an age of globalization.

Author: Igor Primoratz
Publisher: Routledge
ISBN: 1351156063
Category : Philosophy
Languages : en
Pages : 289

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Book Description
Engaging with a range of interconnected and highly topical issues of identity, self-determination and secession, this book examines the import and implications of 'identity claims', and looks into 'identity politics' motivated by such claims, which is becoming ever more salient in democratic and culturally and ethnically heterogeneous states. It discusses nationalism as an important component of identity of individuals and groups, and a position that generates claims of self-determination and secession on the part of ethnic and cultural groups. It also examines patriotism, which until recently seemed to be on the wane, but has undergone a dramatic revival after the terrorist attacks in the US on 11 September 2001 and the start of a global 'war on terror'. The book offers a typology of facets of patriotism, an assessment of its moral standing, and a critique of the beliefs about the patria it characteristically involves. Also discussed are topics such as political liberalism vs. 'identity liberalism', the ways a liberal society should treat nonliberal communities within it, the role of heritage and remembrance in national identity, the status of national minorities as an issue of equality, arrangements concerning indigenous peoples and intrastate autonomy as an alternative to secession, and whether secession can be a legal act. The book includes contributions by prominent philosophers and political and legal theorists from Australia, Canada, Israel, and the United States.

Author: Christian Tomuschat
Publisher: BRILL
ISBN: 9004635106
Category : Law
Languages : en
Pages : 359

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Book Description
Modern Law of Self-Determination examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general `Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. Modern Law of Self-Determination is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.