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National Identities and the Right to Self-Determination of Peoples

"Civic -Nationalism -Plus" in Israel and Other Multinational States

Series:

Hilly Moodrick-Even Khen

In National Identities and the Right to Self-Determination of Peoples, Hilly Moodrick-Even Khen revisits the legal right to self-determination of peoples and suggests an integrative model for securing the cohesion of the various nationalities within multinational states. The model, set on both legal and political science theories, departs from civic nationalism but calls to strengthen it with more immediate and emotional means, such as shared national symbols and multicultural education. Moodrick-Even Khen explores the political history of Canada, Belgium, and Spain and touches upon other divided societies such as South Africa, Northern Ireland and Cyprus. Drawing upon these cases, she suggests a future model for a cohesive society in Israel, which is currently nationally divided between Arabs and Jews.

Edited by Charles Chernor Jalloh and Alhagi B.M. Marong

Promoting Accountability under International Law for Gross Human Rights Violations in Africa is pre-eminently a study on the work and contribution of the first international judicial mechanism, the International Criminal Tribunal for Rwanda (ICTR), devoted exclusively to challenging impunity for serious international crimes committed in Africa. This volume is dedicated to the eminent international jurist Justice Hassan Bubacar Jallow, the Tribunal’s longest serving Chief Prosecutor and the first prosecutor of the United Nations Mechanism for International Criminal Tribunals. The noted scholar and practitioner contributors discuss various aspects of the law, jurisprudence and practice of the Tribunal over its twenty year existence, while also drawing lessons for current and future international courts such as the International Criminal Court. Themes covered include the role of the international prosecutor; the prosecution of sexual and gender-based crimes; the relationship between national and international courts; the role of other international institutions in challenging impunity; and the role of African languages in international criminal trials. Given its wide ranging substantive coverage, this book will be invaluable to anyone interested in criminal justice, human rights and humanitarian law whether in Africa or other parts of the world.

A Gateway between a Distant God and a Cruel World

The Contribution of Jewish German-Speaking Scholars to International Law

Series:

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.

International Norms and Standards for the Protection of National Minorities

Bilateral and Multilateral Texts with Commentary

Björn Arp

A broad network of bilateral treaties for the protection of national minorities has been set up during the past fifteen years. They complement and further develop the Framework Convention for the Protection of National Minorities and other multilateral instruments. Some texts are genuine international treaties, while others are non-binding political documents. The present book brings all these texts together in a reliable English translation, which offers practitioners and researchers easy access to and supplies knowledge on the present state of development of the conventional and customary sources of law in this field. The introductory study helps further understanding of the legal character of the texts and explains how to work with these often complex and interrelated sources of law.

Tolerance through Law

Self Governance and Group Rights in South Tyrol

Edited by Jens Woelk, Joseph Marko and Francesco Palermo

The autonomous province of South Tyrol in Northern Italy is generally considered to be one of the most successful examples for the solution of ethnic conflicts. The autonomy arrangement is characterized by detailed legal safeguards and strong guarantees creating a special and unique position within the Italian legal system and in a comparative perspective. This book gives an analysis of the evolution of the legal instruments and institutions of self-government and minority protection through power-sharing as well as of the experience gathered during decades of the implementation of a "working autonomy". It thus provides insights regarding the state and the evolution of this specific case as well as for the general tendencies in the development of territorial autonomy and minority protection.

Cultural Rights in International Law

Article 27 of the Universal Declaration of Human Rights and beyond

Series:

Elissavet Stamatopoulou-Robbins

Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.
This book is the second volume in The Universal Declaration of Human Rights Series. The Series will consist of approximately 20 volumes, each dealing with a substantive right (or group of rights) set forth in the Universal Declaration of Human Rights (UDHR). Each volume is authored by an expert in human rights generally and in the particular subject addressed. Without losing sight of the political context in which the implementation of human rights must occur, each book provides a comprehensive, legally-oriented analysis of the rights concerned, including an examination of the legislative history of the text of each right as adopted in 1948, the right's subsequent articulation and interpretation by international bodies and in subsequent international instruments, and a survey of state practice in defining and enforcing the right.

Peoples and International Law

Second Revised Edition

Series:

James Summers

Peoples and International Law is a detailed survey of the law of self-determination with a focus on the concept of nations and peoples. It engages with different aspects of this law with particular emphasis on the drafting and implementation of international instruments. The second edition includes new coverage of the Declaration on the Rights of Indigenous Peoples and the African and Arab charters. It considers recent practice by the Human Rights Committee, Committee on Economic, Social and Cultural Rights and African Commission on Human and Peoples’ Rights dealing with the emerging political, economic and environmental aspects of the right. The book looks at the interaction of international law, nationalism and liberalism in theories of nationhood and self-determination, as well as, the historical development of the right and the decisions of international bodies. Lastly, it examines practice in this area, including new developments in remedial independence and international territorial administration.

Also available in hardback.

Tim Potier

The conflicts in the South Caucasus are now a decade old, but still appear impervious to solution. The hopes that independence raised have been dashed by an insidious cocktail of past and present regional hegemony, historical antipathy and Soviet planning. Armenia, Azerbaijan and Georgia, thus, continue to wait for their long awaited Spring.
In a region where Western academic writing has focussed, during the last decade, almost exclusively on the dynamics of regional security and Great Power rivalry, even in the context of conflict, this volume provides an important and necessary legal appraisal of the possible processes and structures which may, ultimately, facilitate the finding of constitutional settlement in Nagorno-Karabakh, Abkhazia and South Ossetia.
In the work, Tim Potier, an academic lawyer with much experience in the Caucasus, has written a powerful but dispassionate account which will prove not only to be of use to academics, diplomats and government officials working in the region, but also be of lasting value to the ongoing development of the international law on self-determination and autonomy. Dr Potier also considers the fate of what he prefers to term, `regionally non-dominant titular peoples'.

International Law and Self-Determination

The Interplay of the Politics of Territorial Possession with Formulations of Post-Colonial 'National' Identity

Series:

Joshua Castellino

The principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. `Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, `self-determination' has come to mean different things in different contexts.
Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state.
These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where `self-determination' was achieved. The second, examines the situation in the Western Sahara where `self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of `national identity' and the `self' in settings far removed from post-Westphalian Europe.