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Section 235 of the Constitution of South Africa contains a promise of potential self-determination of language and cultural communities. An essential question arising from this promise is how an individual’s freedom of association interacts with the ability of a community to determine its membership. This article reflects on this question with reference to standards developed in international law and practices in the constitutional law of selected case studies. Whereas international law sets a universal standard of free association, states have developed practices whereby the individual’s right to free association is recognised, but where there are also some measures allowed to ensure that an individual is indeed accepted by and part of the community. Any conflicts that arise are, generally speaking, subject to a form of judicial review.

In: International Journal on Minority and Group Rights
Author: Mohit Gupta

The Convention on Biological Diversity (cbd) was adopted in 1992. This Convention had three major objectives: conservation of biological diversity, sustainable use of its component, and access and benefit sharing of biological resources arising out of their utilisation. The Nagoya Protocol to the cbd was adopted in 2010 for the fulfilment of the third objective of the cbd, access and benefit sharing. Article 7 of the Nagoya Protocol imposes an obligation on states parties to ensure that “prior and informed consent or approval or involvement” of the indigenous and local communities is taken before their knowledge is accessed. The present study first analyses the contents of Article 7 of the Nagoya Protocol. It will throw light on the meaning of the phrase “prior and informed consent or approval and involvement” as used in Article 7. It then highlights the implementation of Article 7 by two states parties, namely, India and Bhutan.

In: International Journal on Minority and Group Rights

There are worrying signs of rising intolerance towards Muslim immigrants in the majority of European societies. We use data from the 2014/2015 wave of European Social Survey to analyse negative attitudes toward Muslim immigrants in France, Norway, Poland and the Czech Republic. Results of the analyses reveal that both levels and determinants of the anti-Muslim attitudes vary greatly. The levels are highest in Czech Republic and Poland, the two countries that have a very low Muslim population. Nevertheless, contact with immigrants reduces hostility toward Muslims also in these two countries. We find that theoretical approaches commonly used in studies of anti-immigrant attitudes are better suited to explain negative attitudes in Western European than in Eastern European countries. We argue that future research on hostility toward immigrants in Europe should focus more on Eastern European countries, as attitudes toward immigrants in several of these are worryingly negative.

In: International Journal on Minority and Group Rights
Essays in Honour of Professor José Iturmendi Morales
Challenges to Legal Theory offers the reader a fascinating journey though a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience.
A Resolution of the Institute of International Law
Conflicts of laws arising from injuries to rights of personality—such as defamation or invasion of privacy—have always been difficult, if only because they implicate conflicting societal values about the rights of freedom of speech and access to information, on the one hand, and protection of reputation and privacy, on the other hand. The ubiquity of the internet has dramatically increased the frequency and intensity of these conflicts.
This book explores the ways in which various Western countries have addressed these conflicts, but also advances new, practical ideas about how these conflicts should be resolved. These ideas are part of an international model law unanimously adopted by a Resolution of the Institut de droit international, which addresses jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book provides extensive article-by-article commentary, which explains the philosophy and intended operation of the Resolution.
This is the first English written book that includes the most significant opinions of Judge Paulo Pinto de Albuquerque (European Court of Human Rights). Judge Pinto de Albuquerque was the Vice-president of Section IV and President of the Committee on the Rules of the Court. As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, fifteen books in different languages and more than fifty journal articles.

Since his appointment as a Judge in Strasbourg, Professor Pinto de Albuquerque has authored more than 150 opinions that have significantly contributed to the development of international human rights law. The Judge’s decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration law, and refugee law.
Common Concern of Humankind, Carbon Pricing, and Export Credit Support
Author: Zaker Ahmad
The African Union’s Rethinking of International Criminal Justice
In An African Criminal Court Dominique Mystris explores the potential contribution of a regional criminal court to international criminal law and justice across the continent. As set out in the Malabo Protocol, the court’s approach to international core crimes builds on from the current international system. Yet, the additional crimes and region-centric approach reflect the continental concerns.

To fully realise the court’s contribution, the African Union’s institutional objectives and approach to justice, peace and security, the author argues for the inclusion of the court within the African Peace and Security Architecture. By adopting such a holistic understanding of the Malabo Protocol court within the AU structure, a more accurate depiction of the potential of an African criminal court emerges.