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The United Nations Declaration on Minorities

An Academic Account on the Occasion of its 20th Anniversary (1992-2012)

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Edited by Ugo Caruso and Rainer Hofmann

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.

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Edited by Tove H. Malloy and Ugo Caruso

In 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

A Gateway between a Distant God and a Cruel World

The Contribution of Jewish German-Speaking Scholars to International Law

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Reut Yael Paz

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.

Marc Weller

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.

State Continuity and Nationality: The Baltic States and Russia

Past, Present and Future as Defined by International Law

Ineta Ziemele

The International Law Commission, when drafting articles on nationality of persons in situations of State succession, omitted cases of unlawful territorial changes. These do not result in State succession; they may be dealt with under the rubric of State continuity. The Baltic – Russian cases show the particularly complex nature of these situations, both as concerns agreement on continuity and decisions on nationality. The author examines in detail the Citizenship Laws of the Baltic States and Russia, as well as relevant constitutional and international statements about the international legal status of the States and responses of the international community thereto. The main question addressed in the book is about solutions which States have to adopt concerning nationality of individuals in situations of State continuity, especially where States re-emerge after long years of occupation. Although the book is specific in its origin, it is of general importance because it draws conclusions concerning developments in law and practice which are relevant for a better understanding and regulation of nationality and statehood in international law.

Forging a Singaporean Statehood: 1965-1995

The Contribution of Japan

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Robin Ramcharan

This work takes an in-depth look at the muli-faceted contemporary relationship between Singapore and Japan since the end of World War II. It is the story of a relationship between an economic superpower, Japan, and an enterprising city-state whose leaders have sought to emulate not only Japan's economic success but several key facets of Japanese society as well. No other country surpasses Singapore in its public admiration of Japan. How is it possible for a multi-ethnic Singapore to emulate a relatively homogeneous Japan? What features of economic and political motives behind the attempt to emulate Japan? These and other questions are adressed in this work, which will be of interest to scholars of the international relations and security of East and Southeast Asia.

Edited by Hurst Hannum

The scope of arrangements which provide for some degree of “autonomy” is almost unlimited, as are the norms and means which have been adopted to protect minority rights.
Documents on Autonomy and Minority Rights offer examples of some of the unique structures which have been developed to respond to geographic, political, ethnic, linguistic, and other differences under a single sovereignty. They present a broad spectrum of domestic constitutional provisions, statutes, and political agreements, as well as a comprehensive collection of relevant international instruments.
The first section includes documents adopted on a global or regional basis to set standards for the protection of minority rights and the rights of indigenous peoples. The second section includes a wide range of national documents related to minority rights and/or autonomy. The last section contains historical documents. The author has written a brief introduction to each document to give the reader unfamiliar with the situation to which a document pertains enough information to consider its context.
No single text can be used as a model of autonomy, for every situation is unique. At the same time, however, greater knowledge of a broad range of successful and unsuccessful arrangements may inspire new ideas with which to address conflicts which have claimed tens of thousands of lives in recent years.
At the very least, the ingenuity evidenced in some of the documents should encourage experimentation and underscore the need of going beyond the mere recitation of definitions of federalism, consociation, devolution, or other constitutional models. The great variety of institutional arrangements, the detailed provisions developed to resolve particularly difficult local problems, and the flexibility in addressing issues such as revenue-sharing or participation in international organizations, demonstrate that neither “sovereignty” nor “self-determination” need stand in the way of innovative solutions.