Minorities, Minority Rights and Internal Self-Determination

Minorities, Minority Rights and Internal Self-Determination PDF

Author: Ulrike Barten

Publisher: Springer

Published: 2014-09-23

Total Pages: 299

ISBN-13: 3319088769

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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.

Minorities, Peoples And Self-determination

Minorities, Peoples And Self-determination PDF

Author: Nazila Ghanea-Hercock

Publisher: Martinus Nijhoff Publishers

Published: 2005

Total Pages: 371

ISBN-13: 9004143017

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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.

Cultural Autonomy, Minority Rights and Globalization

Cultural Autonomy, Minority Rights and Globalization PDF

Author: Steven C. Roach

Publisher: Routledge

Published: 2017-11-28

Total Pages: 276

ISBN-13: 135116046X

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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.

Minorities' Claims: From Autonomy to Secession

Minorities' Claims: From Autonomy to Secession PDF

Author: Gnanapala Welhengama

Publisher: Routledge

Published: 2017-11-30

Total Pages: 341

ISBN-13: 1351728334

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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.

International Law and Self-Determination

International Law and Self-Determination PDF

Author: Joshua Castellino

Publisher: BRILL

Published: 2021-07-26

Total Pages: 310

ISBN-13: 9004480897

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The principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. `Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, `self-determination' has come to mean different things in different contexts. Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state. These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where `self-determination' was achieved. The second, examines the situation in the Western Sahara where `self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of `national identity' and the `self' in settings far removed from post-Westphalian Europe.

Ethno-Cultural Diversity and Human Rights

Ethno-Cultural Diversity and Human Rights PDF

Author: Gaetano Pentassuglia

Publisher: BRILL

Published: 2017-11-23

Total Pages: 389

ISBN-13: 9004328785

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Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, Ethno-Cultural Diversity and Human Rights brings prominent experts together to address contested dimensions of the role of ethno-cultural groups in human rights discourse.