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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
This volume of Annotated Legal Documents on Islam in Europe covers Austria and consists of an annotated collection of legal documents affecting the status of Islam and Muslims. The legal texts are published in the original German language while the annotations and supporting material are in English. By legal documents are meant the texts of legislation, including relevant secondary legislation, as well as significant court decisions. Each legal text is preceded by an introduction describing the historical, political and legal circumstances of its adoption, plus a short paragraph summarising its content. The focus of the collection is on the religious dimensions of being Muslim in Europe, i.e. on individuals' access to practise their religious obligations and on the ability to organise and manifest their religious life.
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.
This volume of Annotated Legal Documents on Islam in Europe covers Portugal and consists of an annotated collection of legal documents affecting the status of Islam and Muslims. The legal texts are published in the original Portuguese language while the annotations and supporting material are in English. By legal documents are meant the texts of legislation, including relevant secondary legislation, as well as significant court decisions. Each legal text is preceded by an introduction describing the historical, political and legal circumstances of its adoption, plus a short paragraph summarising its content. The focus of the collection is on the religious dimensions of being Muslim in Europe, i.e. on individuals' access to practise their religious obligations and on the ability to organise and manifest their religious life.
The Austrian Review of International and European Law is an annual publication that provides a scholarly forum for the discussion of issues of international and European law, with emphasis on topics of special interest for Austria. Each volume of the Review includes general articles, current developments, and the comprehensive annual digest of Austrian practice in international law, encompassing judicial decisions, executive as well as parliamentary documents relating to international law. The concluding parts of the Review contain longer book reviews and shorter book notes. Volume 23 covers 2018 and features ten stories of international law spanning across the last century.
Histories of Claims and Conflict in a Kenyan Landscape
Pastoralists, ranchers of European descent, conservationists, smallholders, and land investors with political influence converge on the Laikipia plateau in Kenya. Land is claimed by all - the tactics differ. Private property rights are presented, histories of presence are told, charges of immorality are applied, fences are electrified and some resort to violence. The region, marked by enclosures, is left as a tense fragmented frontier.
Marie Gravesen embedded herself in the region prior to a wave of land invasions that swept the plateau leading up to Kenya’s 2017 general election. Through a rich telling of the history of Laikipia’s social, political and environmental dynamics, she invites a deeper understanding of the pre-election violence and general tensions as never done before.
Author: Mikhail Antonov
This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. The actual conservative narratives, about the distinctiveness of Russian law, reveal certain features of the intellectual culture that is transmitted in legal education, scholarship and practice. These narratives are based on the idea of sovereignty understood as legal omnipotence of the state. References to sovereignty justify the requirement of legality in the sense of fidelity to the letter of the law. They also often serve as a rationale for crafting exceptions to constitutional non-discrimination principles as they are applied to political, religious, sexual and other minorities.
Rights to their traditional lands and resources are essential to the survival of indigenous peoples. They have been formulated and advanced in the most progressive way by the Inter-American system of human rights protection.

In this book, Mariana Monteiro de Matos analyzes, in detailed and comprehensive inquiry, the pertinent jurisprudence of the Inter-American Commission and Court of Human Rights. She identifies three distinct waves of decision regarding the objects of ownership or possession, the rights associated, and the holders of the rights. Originally, the book also offers a profound analysis of corollary procedural law.