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Devising an Adequate System of Minority Protection

Individual Human Rights, Minority Rights and the Right to Self-Determination

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Kristin Henrard

As If Peoples Mattered

Critical Appraisal of `Peoples' and `Minorities' from the International Human Rights Perspective and Beyond

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Zelim Skurbaty

Ours is an era of decline for the nation state and one of world-wide concern for the problems surrounding sub-state groups: minorities, peoples and indigenous populations. The often violent resurgence of conflicts between these groups and States in even the stable democracies poses a challenge to international law as well as to liberal political principles.
In this volume, an expert in international minority rights provides not only significant clarification of the legal issues involved, but also trenchant insights taken from a wide range of humanitarian disciplines: from philosophy and systems theory to neuro-linguistic programming (NLP) and transactional analysis (TA). The result is a meticulously researched book exploring from a variety of perspectives the terms `peoples' and `minorities' in international law as well as relationships between minorities, peoples and indigenous rights, individuation and self-determination. Of special interest is the attempt of the author to explain the existence of double standards in international minority rights (dubbing them `games') with the help of transactional analysis, and to redefine and reframe the basic terms such as `international law', `sovereignty', `self- determination', etc. The straightforward claim of the author is that the proposed theories can help both members of minorities and those in executive positions to gain insights on the cognitive level and make more congruent, community-oriented decisions on the practical level.
The book will hold particular appeal for all those interested in the international law of human rights, politics and philosophy, as well as students seeking a multi-disciplinary perspective on these much-debated areas.

Vladimir Ortakovski

This unique book examines the international law of minority rights as it has been applied in the Balkans since the First World War, contending that this region, where minority rights issues are acute and abundant, holds the promise of an enforceable regime of international minority rights that would promote both human rights law and peace in the Balkans.

Published under the Transnational Publishers imprint.

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Maivân Lâm

Focusing on issues raised by the U.N. Working Group on Indigenous Peoples, this study reveals the obstacles to self-determination for these peoples in all parts of the world. The author argues, using both legal and social theory, that the right of self-determination can be available to indigenous peoples, and proposes measures that the UN might institute to oversee the realization of this right.



Published under the Transnational Publishers imprint.

Javaid Rehman

The issue of minority rights continues to occupy a sensitive position in international law. Historical as well as contemporary events show that the subject is also capable of engulfing the international community as a whole. The contention of the present study is that international law is in itself a difficult medium for providing adequate rights for minorities and for effectively safeguarding those rights. This volume analyses the weaknesses in the international protection of minority rights through a detailed examination of the practices and policies of Pakistan. Thought-provoking and original in its approach, this volume will prove to be of enormous value to international human rights lawyers and to scholars engaged in the study of minority rights in South-Asia and Pakistan.

Protection of Minority Rights Through Bilateral Treaties

The Case of Central and Eastern Europe

Edited by Arie Bloed and Pieter van Dijk

Since the end of the Cold War, mounting tensions related to national minorities have increased international efforts to contain and to solve these inter-ethnic disputes. While much has been written about the efforts of international organizations, such as the United Nations, the Council of Europe and the OSCE, in this respect, much less attention has been paid to the advances in minority issues made on a bilateral level. Many former socialist states have concluded bilateral treaties to improve their relations, and these treaties often include clauses relating to mutual national minorities.
Against this background, and at the request of the High Commissioner on National Minorities, the Foundation on Interethnic Relations in The Hague convened two meetings of legal experts to discuss the relevance of bilateral treaties for the settlement of inter-ethnic disputes. These meetings form the basis of the current publication, which includes an analysis and a collection of case studies. The case studies center around Poland, Hungary and Russia and offer a comprehensive survey of the network of bilateral treaties and the role of minority rights within these instruments. The book also contains the English translation of the main parts of the relevant bilateral agreements that are ordinarily difficult to access for scientific research. This book will therefore serve as an important instrument for anyone involved in the study of inter-ethnic conflict and minority rights.

Edited by Deirdre Fottrell and Bill Bowring

In the 1990s inter-ethnic conflicts threaten the stability of many states. As a result the issue of minority rights has become an urgent concern for international lawyers. Minority and Group Rights in the New Millennium examines the way in which existing international law and human rights instruments protect the rights of minorities. In addition the essays in this volume address current debates on the fundamental issue of defining a minority, the complex arguments for expanding existing definitions and the legitimacy of claims by specific groups to qualify for minority status.

Edited by Peter R. Rodrigues and Titia Loenen

This collection, which stems from the International Conference on Comparative Non-Discrimination Law held at Utrecht, The Netherlands, in June 1998, covers both the general aspects of equality and non-discrimination law (Part I), as well as the specific grounds for discrimination, adverse impact or indirect discrimination, and affirmative action (Part II). Part III discusses diverse aspects of the enforcement of non-discrimination law; Part IV contains conclusions and an agenda for change. This book is unique in that it both provides a comparative view of anti-discrimination law in theory and practice, and looks at a wide range of grounds for discrimination, such as gender, race, religion and health. Its comparative and international approach renders this publication not only of interest to civil rights lawyers, but to all those engaged in human rights and comparative law.

Edited by Tim Allen and John Eade

This book critiques the concepts of cultural functionalism and biologised ethnicity. The chapters examine ethnicities in conflict across Europe, and have been selected on the grounds that they not only provide a rich ethnographic account of overt ethnic conflict or racial violence, but also relate these local situations to wider processes. The contributors do not put forward a single homogeneous point of view, but they all assume perspectives that are opposed to the prevalent simplistic primordialism of most media coverage and political analysis. Most of the contributors are anthropologists and have presented drafts of their chapters at a series of meetings organised by a network called the Forum Against Violence. Many of the articles have appeared previously in the International Journal on Minority and Group Rights (Volume 4). This book should be of interest to academics and practitioners in the fields of human rights, anthropology and related topics.

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Académie de Droit International de la Ha

The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law.
All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law.
This volume contains: - L'extradition en droit international: problèmes choisis, par J. PUENTE EGIDO, professor à l'Université nationale 'Educación a distancia', Madrid. - States, Peoples and Minorities by B. VUKAS, Professor at the Institute of International Law and Relations, Zagreb.