Minorities, Peoples and Self-Determination PDF Download

Author: Nazila Ghanea-Hercock
Publisher: BRILL
ISBN: 9047407113
Category : Law
Languages : en
Pages : 370

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Book Description
The present volume, in honour of Professor Patrick Thornberry, presents new thinking on minority and indigenous rights in international law. Contributors to this 17 chapter volume include an impressive range of academics, thinkers, practitioners and international civil servants with a number of different approaches to this complex area. Not all of them take a legal approach, and this exploration benefits from the variety of frameworks utilised in contributing to the controversial area of minority and indigenous rights. 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. The contributors are: Gudmundur Alfredsson, Michael Banton, Joshua Castellino, Erica‐lrene A. Daes, María-Amor Estébanez, Nazila Ghanea, Geoff Gilbert, Bülent Gökay, Tom Hadden, Dominic McGoldrick, Timothy Murithi, John Packer, Chandra K. Roy, Malcolm N. Shaw, Martin Scheinin, Sia Spiliopoulou Åkermark, and Alexandra Xanthaki.

Author: Ben Saul
Publisher: Oxford University Press
ISBN: 0199640300
Category : Law
Languages : en
Pages : 1358

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Book Description
"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.

Author: Kalana Senaratne
Publisher: Cambridge University Press
ISBN: 1108625681
Category : Law
Languages : en
Pages : 293

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Book Description
Internal self-determination is an under-explored topic in international law. It is popularly understood to be a principle of relatively recent origin, promoting democratic freedoms to populations and autonomy for minority groups within states. It has also been viewed as a principle receiving the support of Western states, in particular. In this first book-length critical study of the topic, the reader is invited to rethink the history, theory and practice of internal self-determination in a complex world. Kalana Senaratne shows that it is a principle of great, but varied, potential. Internal self-determination promises democratic freedoms and autonomy to peoples; but it also represents an idea which is not historically new, and is ultimately a principle which can be promoted for different and conflicting purposes. Written in a clear and accessible style, this book will be of interest to international lawyers, state-officials, minority groups, and students of law and politics.

Author: Alexandra Xanthaki
Publisher: Cambridge University Press
ISBN: 1139461737
Category : Law
Languages : en
Pages : 21

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Book Description
The debate on indigenous rights has revealed some serious difficulties for current international law, posed mainly by different understandings of important concepts. This book explores the extent to which indigenous claims, as recorded in the United Nations forums, can be accommodated by international law. By doing so, it also highlights how the indigenous debate has stretched the contours and ultimately evolved international human rights standards. The book first reflects on the international law responses to the theoretical arguments on cultural membership. After a comprehensive analysis of the existing instruments on indigenous rights, the discussion turns to self-determination. Different views are assessed and a fresh perspective on the right to self-determination is outlined. Ultimately, the author refuses to shy away from difficult questions and challenging issues and offers a comprehensive discussion of indigenous rights and their contribution to international law.

Author: Jessie Hohmann
Publisher: Oxford University Press
ISBN: 0199673225
Category : Law
Languages : en
Pages : 657

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Book Description
The Declaration on the Rights of Indigenous Peoples set key standards for the treatment of indigenous people, and has significantly developed how indigenous rights are viewed and enforced. This commentary thematically assesses all aspects of the Declaration's provisions, providing an overview of its impact.--

Author: Claire Charters
Publisher: International Work Group for Indigenous Affairs
ISBN:
Category : Law
Languages : en
Pages : 404

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Book Description
"The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.

Author: S. James Anaya
Publisher:
ISBN: 9780195173505
Category : Law
Languages : en
Pages : 414

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Book Description
In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.

Author: Aureliu Cristescu
Publisher: New York : United Nations
ISBN:
Category : Political Science
Languages : en
Pages : 142

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Book Description

Author: David Raic
Publisher: BRILL
ISBN: 904740338X
Category : Law
Languages : en
Pages : 515

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Book Description
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.

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 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.