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In this book Siu Lang Carrillo Yap compares the land and forest rights of Amazonian indigenous peoples from Bolivia, Brazil, Ecuador and Peru, and analyses these rights in the context of international law, property law theory, and forest and soil sciences. Within this scope and against the historical background, the recent interrelations between the Amazonian indigenous peoples’ land, forest and community forest management rights and their importance for the self-determination of indigenous peoples in the Amazonian region are examined.

Through bringing together international law with national law, natural resources law with property law and law with natural sciences, the author sheds new light on the complex topic of indigenous peoples’ rights closely entwined with the conservation of the Amazonian rainforest.
This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.
This book offers the first comprehensive scholarly analysis of the current meaning and scope of military necessity – a key concept in the international legal framework for the protection of cultural heritage during armed conflicts since the adoption of the 1954 Hague Convention. Academic discussions commonly view military necessity uniquely through the lens of international humanitarian or international criminal law. In her book, Berenika Drazewska presents a more comprehensive perspective, examining developments across various strands of international law arisen since 1954. This novel approach demonstrates how international cultural heritage law affords a particularly strict meaning to military necessity. As a result, the relative waiver will only be available to belligerents very rarely, in truly extraordinary circumstances.

Drazewska’s Military Necessity in International Cultural Heritage Law engages a significant issue in this rapidly evolving field of international law, the inclusion of necessity in regulation of the protection of cultural heritage during armed conflict after 1945. Its very inclusion was viewed as a major concession, which is only multiplied because of the difficulties of its application on the ground. This thorny issue has come to the fore again with large-scale cultural losses inflicted during recent armed conflicts. Elegantly written and scholarly in its approach, this book places this question and possible answers to it within the broader sweep of international law and recent developments not only in international humanitarian law, but state responsibility, international criminal law and international criminal law. It offers a significant and timely reexamination and reconceptualization of this important topic.
Prof. Ana Filipa Vrdoljak (UNESCO Chair in International Law & Cultural Heritage, Faculty of Law, University of Technology, Sydney)
Author: Anna Muś
In The Political Potential of Upper Silesian Ethnoregionalist Movement: A Study in Ethnic Identity and Political Behaviours of Upper Silesians Anna Muś offers a study on the phenomenon of ethnoregionalism in one of the regions in Poland. Since 1945, ethnopolitics in Poland have been based on the so-called assumption of the ethnic homogeneity of the Polish nation. Even the transformation of the political system to a fully democratic one in 1989 did not truly change it. However, over the last three decades, we can observe growing discontent in Upper Silesia and the politicisation of Silesian ethnicity. This is happening in a region with its own history of autonomy and culturally diversified society, where an ethnoregionalist political movement appeared already in 1989.

Abstract

In 2016, the reputation for stability of the Republic of Cameroon, a state made up of Francophones that constitute the majority (three quarters of the population of 25000000) and Anglophones that constitute a minority abruptly came an end when Anglophone secessionists took up arms to fight for the independence of the former Southern Cameroons. It was no surprise to keen observers of the Cameroon political scene in the last decades, If the government of the day is determined to give what it will take to keep the country united, the secessionists are equally convinced of the rectitude of their cause which they base on the principle of self-determination in international law, contesting the legality of the UN-organised plebiscite of!961 that led to the Reunification of the country. This paper assesses the legality of the claims of the protagonists for better information of all the stakeholders in the ongoing conflict..

In: International Journal on Minority and Group Rights

Abstract

The article reviews trends in international non-binding standards:

1) the equalisation of indigenous peoples and local communities as rights-holders;

2) the strength and weakness of the safeguards approach in the context of redd+;

3) the wide definition of who constitutes stakeholders; and 4) the scope of a due diligence requirement.

The article identifies and discusses two approaches:

1) mobilisation, understood as political or legal pressure exerted upon endogenous actors by other endogenous actors, and where international human rights serve as the norm basis for this pressure. 2) control, implying that power asymmetries in relation to external actors are challenged by alliances with human rights organisations and environmental organisations. Both benefit from being embedded in human rights principles: dignity, non-discrimination, rule of law, accountability, transparency, participation and empowerment. Human rights might, however, lead to tensions internally, as these principles can conflict with customary and exclusionary decision-making procedures.

In: International Journal on Minority and Group Rights

Abstract

Minority groups are often the subject of studies dealing with sovereignty and European integration. A now also common topic in political science is the rise of populist movements. Scholars study both of these issues extensively, but little research has been done on their nexus. Against this background, this article looks at the current sovereignty discourse in the minority area of South Tyrol. Even though three linguistic groups peacefully co-exist in the Italian province, various calls for dual citizenship have arisen. The possibility of acquiring an Austrian passport became a salient topic, especially since the övp/fpö government of Austria. Using the discourse-historical approach, the authors contextualize medial discourses with social-cultural context information. Results suggest that local media are disseminating a discourse regarding dual citizenship that largely differs from the opinion of the majority of the population, but corresponds to that of the populist actors who seem to fuel the issue.

In: International Journal on Minority and Group Rights

Abstract

This article explores how the Supreme Court of India, in applying the judicial doctrine of ‘essential practices’, has embarked on a dangerous exercise of determining whether a particular religious practice is significant enough to warrant constitutional protection under Article 25(1) or not. In tracing a string of judgments, it shows how courts have been guilty of making ill-founded observations about the validity of religious practices, thereby detrimentally affecting religious groups and minorities. Due to this constitutional transgression, the question of ‘what is essentially religious’ turned into the question of ‘what is essential in religion’. The court has neither the right nor the expertise to decide if the religious practice indeed is ‘essential’. State intervention is warranted only based on constitutionally stipulated restrictions of ‘public order’, ‘morality’ and ‘health’. The cardinal rule ought to be of limited state intervention but maximum protection.

Open Access
In: International Journal on Minority and Group Rights

Abstract

Norway’s policies regarding Sámi and most national minorities in an historic perspective can be characterized as forced assimilation; except for Jews and Roma, where the historic policy can be termed exclusion. The Norwegian Truth and Reconciliation Commission (trc) is intended to be a broad-based process, resulting in a report to the Norwegian Parliament in 2022. After identifying various explanations for the relatively strong standing of the (North) Sámi domestically and in international forums, the article identifies various ways that human rights will be important for the trc’s work and final report: (i) self-determination; (ii) participation in political life; (iii) participation in cultural life; (iv) family life; (v) private life; and (vi) human dignity. Some of these rights are relatively wide, but all give relevant guidance to the trc’s work. The right to private life did not prevent the Norwegian Parliament’s temporary law to enable the trc’s access to archives

In: International Journal on Minority and Group Rights