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Izawati Wook

The concept of procedural justice has been promoted as a potential solution in the contest for resources involving indigenous peoples and others. It seeks the formulation of processes that are fair and just both to indigenous peoples and to the other parties affected. Using a comparative approach, this paper analyses processes and mechanisms adopted in some selected common law jurisdictions against the ideal of procedural justice. It seeks to consider mechanisms which conform to the principle of procedural justice to address the issue of indigenous peoples’ rights to land and resources in Malaysia. The principle is relevant in Malaysian common law which also subjects matters affecting fundamental liberties to procedural justice. Comparative perspectives provide models for practical applications of indigenous peoples’ rights. They assist policy analysis through learning from the successes and failures of other jurisdictions in improving legal reform.

Ebenezer Durojaye and Mariam Wallet Med Aboubakrine

This article examines non-communicable diseases (ncds) as a challenge among indigenous population in Africa. From a rights-based perspective, the article considers some of the social determinants of health and other challenges that can aggravate ncds among indigenous groups in Africa. It further examines the recognition of the right to health of indigenous populations under international law. This is followed by a discussion on some of the barriers to addressing ncds among indigenous peoples in the region. It concludes by urging African governments to be more proactive in adopting measures grounded in human rights standards to address the rising incidence of ncds among indigenous peoples in the region.

Athanasios Yupsanis

Hungary has been praised by international monitoring bodies and scholars specializing in minority rights for being a pioneer in establishing a sophisticated cultural autonomy regime for the safeguarding of the cultural rights of its minorities, which could serve as a salient example for other countries too. However, after nearly twenty-five years of implementation, during which a major amendment of the original Act lxxvii of 1993 on the Rights of National and Ethnic Minorities (2005) took place, followed further by the adoption of a new Act clxxix on the Rights of Nationalities (2011), there continue to exist serious problems in the operation of the whole arrangement, putting in question its efficacy to adequately address the cultural needs of Hungary’s minorities and to serve as a model for exportation.

Naomi Birdthistle, Antoinette Flynn and Susan Rushworth

Ethnic entrepreneurship has emerged as an economic, societal, and political panacea to the growing number of refugees on the move across the globe. Employing the 2014 World Economic Forum framework, this article seeks to explore the Australian entrepreneurship ecosystem, to determine whether it is enabling migrants and/or refugees to become entrepreneurs with a focus on Syrian refugees. At its core, the Australian entrepreneurship ecosystem is comparatively strong in terms of human capital, accessible markets, and finance. Even within the three ‘core’ characteristics of the ecosystem, the Australian ecosystem falls short when examined through the lens of refugee entrepreneurs. Recommendations under the 2014 World Economic Forum framework are made that will assist key stakeholders in developing an entrepreneurial ecosystem.

Roser Cussó

Minority protection under the League of Nations (LoN) generated an unprecedented level of activity and debate on the topic, which in turn contributed to the general advancement of human rights. Nevertheless, it is also important to note that the League’s Secretariat developed rather conservative practices regarding the receivability of minorities’ petitions as well as on some important related decisions. Our perspective here contrasts with what is commonly found in the associated historiography, i.e. that the part played by the Minorities Section was rather neutral. Without downplaying the importance of some states’ resistance to the protection of minorities and its supervision, the Section’s narrow interpretation of the LoN jurisdiction is noteworthy, as is the absence of serious attempts to take advantage of the decisions in favour of minorities made by the LoN Assembly. The way the Section constructed the non-receivability of petitions, especially those which were ‘outside treaties’, illustrates our argument.

A. Aslı Bilgin

The foundation of European Integration is based on economic objectives from the beginning of the 1950s. The founding treaties did not include provisions regarding minority rights. Minority rights have been a foundational value since the entry into force of the Lisbon Treaty, but there is no legislation related to minority rights or internal minority policy at the European Union (eu) level, because of the absence of competence given to eu institutions. This study analyses how issues relating to minority protection are handled vis-a-vis internal market objectives under eu law in the light of primary, secondary and eu case-law. While determining the legal framework on minority rights in the eu, not only the impact of the case-law of the cjeu on minority protection, but also the possibility of the cjeu’s power to establish an internal minority policy and the Member States’ approaches to an internal minority policy have been taken into consideration.

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Mary McAleese

In Childrens’ Rights and Obligations in the Canon law of the Catholic Church

Extradition Law

Reviewing Grounds for Refusal from the Classic Paradigm to Mutual Recognition and Beyond

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Miguel João Costa

In Extradition Law, Miguel João Costa offers not only an exhaustive review of this legal area and of transnational criminal law more generally, but also innovative solutions for their reform.
The book critically analyses numerous themes – from international cooperation in criminal matters to substantive criminal law and procedure, from human rights to nationality and refugee law, from public to private international law – at the national, European and global levels, and while it is a fundamentally normative study, it does not disregard the political and diplomatic dimensions of extradition.
The result is a new model based on mutual respect, enabling States to increase cooperate whilst preserving the integrity of their own criminal justice values and enhancing the respect for human rights.

International Law in the Long Nineteenth Century (1776-1914)

From the Public Law of Europe to Global International Law?

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Edited by Inge Van Hulle and Randall C.H. Lesaffer

International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period.

Three themes are explored: ‘international law and revolutions’ which reappraises the revolutionary period as crucial to understanding the dynamics of international order and law in the nineteenth century. In ‘law and empire’, the traditional subject of nineteenth-century imperialism is tackled from the perspective of both theory and practice. Finally, ‘the rise of modern international law’, covers less familiar aspects of the formation of modern international law as a self-standing discipline.

Contributors are: Camilla Boisen, Raphaël Cahen, James Crawford, Ana Delic, Frederik Dhondt, Andrew Fitzmaurice, Vincent Genin, Viktorija Jakjimovska, Stefan Kroll, Randall Lesaffer, and Inge Van Hulle.

Edited by Frauke Lachenmann and Rüdiger Wolfrum

The Max Planck Yearbook of United Nations Law (UNYB), founded in 1997, appears under the auspices of the Max Planck Foundation for International Peace and the Rule of Law. The first part, ‘The Law and Practice of the United Nations’, concentrates on the legal fundamentals of the UN, its Specialized Agencies and Programmes. The second part, ‘Legal Issues Related to the Goals of the United Nations’, analyses achievements with regard to fulfilling the main objectives of the UN. The UNYB addresses both scholars and practitioners, giving them insights into the workings, challenges and evolution of the UN.