Ethno-cultural and State boundaries seldom overlap. Almost all States have minorities of some kind, with many belonging to communities which transcend State frontiers. These communities often serve as a bridge between States, fostering a climate of dialogue and tolerance. However, when transfrontier cultural ties take on political significance and States unilaterally take steps to defend, protect or support what they describe as “their kin” outside their jurisdiction, there is a risk of political tension or even violence. To what extent and how can States pursue their interests with regard to national minorities abroad without jeopardizing peace and good neighbourly relations? This is the question addressed by the OSCE High Commissioner on National Minorities in his Bolzano/Bozen Recommendations on National Minorities in Inter-State Relations. The book analyses the Recommendations from the legal and political/security perspective and engages in more general discussion on how questions of national minorities affect inter-State relations.
Through a collective biographical methodology of four scholars (Hans Kelsen, Hans J. Morgenthau, Hersch Lauterpacht and Erich Kaufmann) this book investigates how Jewish identity and intellectual ties to Judaic civilisation in the German speaking and legal context influenced international law. By using biblical constitutive metaphors, it argues that Jewish German lawyers inherited,
inter alia, a particular Jewish legal approach that ‘made’ their understanding of the law as a means to reach God. The overarching argument is that because of their Jewish heritage, Jewish scholars inherited the endorsement of earthly particularism for the sake of universalism and the other way around: for the sake of universalism, humanity’s differences need to be solved through the law.
Minorities, their Rights, and the Monitoring the European Framework Convention for the Protection of National Minorities, Malloy and Caruso have collected a number of essays authored by prominent European experts on minority rights with aim to provide a first ever description and analysis of the processes guiding the monitoring of the Convention. The volume addresses both the technical and political side of the monitoring, and it brings in not only views from the host of the Convention, the Council of Europe, but also from the external players that interact with the Convention in the course of seeking to protect Europe’s national minorities
Created in order to celebrate the 20th Anniversary of the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992-2012), this publication aims to offer readers a comprehensive review, written by a variety of scholars in the field, of the value and impact of the standards formulated in the Declaration. In so doing, it hopes to stimulate attention for and debate around the Declaration and its principles. The regional perspectives and case studies included further enable the identification of positive initiatives and good practices as well as persistent gaps in the implementation of the standards enshrined in the Declaration.
Across the world, ethnic, religious and linguistic minorities are subjected to hate crimes, systematic discrimination and marginalization. Religious minorities have recently faced particular threat in certain regions, while in other parts of the globe identity based on race or ethnicity has been used as a basis for exclusion.
The First United Nations Mandate on Minority Issues, Gay McDougall curates a selection of reports she produced as UN Independent Expert on Minority Issues. The collection, with her introductory analysis, reveals the challenges and opportunities faced in her attempt to highlight the plight of these oppressed communities around the world and to shape an important new mechanism for the UN’s protection of their rights.
Language policy can promote stability. For many individuals and groups, language is a key component of identity, and threats to it can raise tensions. Respect for linguistic rights, whilst also considering a state’s need to maintain cohesion, reduces conflict potential. The OSCE High Commissioner on National Minorities promotes functional solutions to such contentious issues, and the Oslo Recommendations regarding the Linguistic Rights of National Minorities address these challenges. This book analyses the components of a balanced legal and policy framework on language use, with a view to preventing conflict. In addition to reviewing the work of the OSCE HCNM in this area, it also draws upon the expertise of other international organisations and leading academics working in this field.
Tom Lantos was a Hungarian-born U.S. Congressman remembered for raising awareness and respect for human rights around the world. He was elected to the United States House of Representatives in 1980 becoming the only Holocaust survivor ever to serve in the Congress. In 1983 he co-founded and chaired the Congressional Human Rights Caucus renamed in his honour as the Tom Lantos Human Rights Commission. With articles authored by leading academics this
Festschrift remembers Tom Lantos’s extensive human rights activism on the human rights themes he was passionately involved with around the world. The essays offer new insights on a range of topical human rights issues, such as human rights education, religious freedom, post-conflict justice, minority rights and identity politics.
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.
This book traces the failure of international action in Kosovo from the late 1980s until NATO intervention in 1999, and endeavours to explain why, during that time, so many opportunities for making peace were squandered. Applying methodology developed by the EU Conflict Prevention Network, it divides the conflict into four main phases and examines how, at each, chances for settlement were either lost or overlooked. It considers policy alternatives available at the time, and hypothesises reasons why these were ultimately discarded. Drawing on a wide range of sources, including the author’s own experience of the negotiations process, this book presents a hitherto unexplored thesis of the Kosovo conflict, that of a ‘lag’ in international action in relation to the situation on the ground, and seeks to draw from these failures some central lessons for the future of conflict prevention.
The essays in this book, originally published in a special issue of the journal
International Negotiation (vol. 23.1, 2018), are intended to enhance America's ability to mediate Israel-Palestine conflict. Every American president for the last thirty years, down to Donald Trump, has chosen to engage in this effort. To help understand and evaluate these efforts, and to focus upon the more promising mediation directions, these essays analyze mediation options in detail.
I. William Zartman accentuates special challenges of third party mediation. Amira Schiff critiques John Kerry’s mediation effort made on behalf of the Obama Administration. Galia Golan outlines mediation requirements in light of past American mediation efforts. Walid Salem suggests a new paradigm centered upon symmetry rather than asymmetry to assist Israel-Palestine peacemaking. And Barry Steiner studies a specific mediation action proposal.