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Edited by Zelim Skurbaty

The beginning of the 21st century is characterized by global structural changes and worldwide concern for the problems surrounding the relationships between states and minority groups. Autonomy has become a code word for an all-purpose means of inclusion of sub-state groups in the three major functions that make for the essence of international law: the allocation of competence, the furtherance of common interest and the maintenance of international peace.
Since to be autonomous is to be a law to oneself, and autonomous agents are self-governing agents, the authors of this present volume try give an answer – each from a particular professional perspective- to one overriding question: what conditions must be met in order to ensure that the autonomous agents govern themselves, and govern effectively.
With a scholarly attention to analytical precision, factual accuracy, and scrupulous objectivity the authors of the present volume – coming from such diverse fields as international law, philosophy, ethics, economics, political science, - detail and explore the protean character of autonomy as both a concept (autonomy's subtypes, autonomy vs. other arrangements for the diffusion of power within heterogeneous societies, new definitions of the concept, etc.) and a practice (the potential of autonomy in the peaceful resolution of ethnic conflicts; comparative case studies, ranging from Greenland to Eritrea, from the Baltic States to South Asia).
For all their differences in background and style, the authors share the common belief that autonomy, if properly understood and applied, holds considerable potential for ensuring an effective and harmonious co-existence for diverse groups within modern states. As such this book will hold particular appeal for all those (students, academics, policymakers, practitioners) who are on a quest for empowering insights vis-à-vis state-minority modus vivendi and ways to mitigate inter-group tensions by compromise.

Minorities, Peoples and Self-Determination

Essays in Honour of Patrick Thornberry

Edited by Nazila Ghanea-Hercock and Alexandra Xanthaki

The present volume, in honour of Professor Patrick Thornberry, presents new thinking on minority and indigenous rights in international law. Contributors to this 17 chapter volume include an impressive range of academics, thinkers, practitioners and international civil servants with a number of different approaches to this complex area. Not all of them take a legal approach, and this exploration benefits from the variety of frameworks utilised in contributing to the controversial area of minority and indigenous rights.
Debates that receive attention in this volume include self-determination, definitional issues, collective rights and rights to natural resources. Other chapters unravel challenges that have not attracted sufficient attention to date, such as multiculturalism, integration, colour as a ground for discrimination and the economic and social rights of minorities. The volume also looks critically at the work of the World Bank, the African Union, the Council of Europe and the OSCE in this arena. Finally, case studies highlight the regrettable similarities in the suffering of groups in different parts of the world as well as the stark contrast between state claims and their actual practice.
The contributors are: Gudmundur Alfredsson, Michael Banton, Joshua Castellino, Erica‑lrene A. Daes, María-Amor Estébanez, Nazila Ghanea, Geoff Gilbert, Bülent Gökay, Tom Hadden, Dominic McGoldrick, Timothy Murithi, John Packer, Chandra K. Roy, Malcolm N. Shaw, Martin Scheinin, Sia Spiliopoulou Åkermark, and Alexandra Xanthaki.

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Edited by René Kuppe and Richard Potz

The Law & Anthropology Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. Volume 8 contains a selection of edited papers presented at the VIth International Symposium of the Commission on Folk Law and Legal Pluralism, dealing with the topic of `Indigenous Self-Determination and Legal Pluralism'.

Legal Cultures and Human Rights

Volume 1: The Challenge of Diversity

Edited by Kirsten Hastrup

Cultural diversity, as expressed for instance in different normative orders or legal cultures, poses both a practical and a theoretical challenge to the idea of universal human rights.
In the present volume, the authors seek to address and contain this challenge with a view to the changing nature of the global society. While 'culture' is sometimes signposted as an obstacle to human rights on the ground, this volume suggests that in so far as the global 'culture of human rights' is primarily seen as a formal and institutional order based on a particular view of equal human worth, local cultures cannot trump it.
The main point is that the culture of human rights is inclusive of all and must maintain a standard by which all peoples and cultures can measure their own performances. Further, and as demonstrated in the present volume from a range of disciplines such as law, literature, history and anthropology, culture is not a mental prison but a particular outlook upon the world, for ever changing in response to new experiences and insights.

Javaid Rehman

The issue of minority rights continues to occupy a sensitive position in international law. Historical as well as contemporary events show that the subject is also capable of engulfing the international community as a whole. The contention of the present study is that international law is in itself a difficult medium for providing adequate rights for minorities and for effectively safeguarding those rights. This volume analyses the weaknesses in the international protection of minority rights through a detailed examination of the practices and policies of Pakistan. Thought-provoking and original in its approach, this volume will prove to be of enormous value to international human rights lawyers and to scholars engaged in the study of minority rights in South-Asia and Pakistan.

Edited by Catherine Brölmann, René Lefeber and Marjoleine Zieck

The revival of group consciousness in Eastern European countries in the wake of the Cold War has put the protection of subnational groups high on the political agenda. The present book bears witness to the renewed interest in the legal position of subnational groups in international law.
This book and the Conference, at which provisional versions of most of the contributions were presented, originate in perceived deficiencies of contemporary international law to protect subnational groups within a legal framework of which the principal subjects are states. Divided into three parts, the book commences with an analysis of the antagonistic relation between the right of peoples to self-determination and the right of states to territorial integrity, and the need to redefine these concepts in the post-Cold War era. The book continues with the highly controversial issue of the attribution of rights to subnational groups and the identification of subnational groups which would be entitled to such rights. The second part deals with the identification and protection of peoples and minorities at different levels of organization, viz. subnational, national and supranational. This part is followed by an analysis of the modes and means by which international obligations vis-à-vis subnational groups can be enforced. Not only the judicial means are considered, but also the justifiability of recourse to military means to the cause of subnational groups.
This book not only provides an in-depth analysis of contemporary international law with respect to the protection of peoples and minorities, but also of the law as it is developing in the post-Cold War era.

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Edited by Leif Holmström

Thirty-five years ago, on 16 December 1966, the General Assembly of the United Nations adopted without a vote the two International Covenants on Human Rights. Together with the Universal Declaration of Human Rights, the International Cove-nant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, including its two Optional Protocols, form what is often referred to as the International Bill of Human Rights. Both Covenants entered into force ten years later. At present, 145 States have ratified or acceded to the Interna-tional Covenant on Economic, Social and Cultural Rights.
Under articles 16 and 17 of the Covenant, each State party undertakes to submit re-ports for the consideration by the Economic and Social Council under a programme established by the Council. However, in 1985, the Council decided to set up the Committee on Economic, Social and Cultural Rights to discharge that function - to monitor the implementation of the Covenant by States parties. At its sixth session, in 1991, the Committee adopted criteria for formulating concluding observations after the consideration of a State party report, and at its eighth session, in 1993, the Com-mittee started to use a standard format for the presentation of its concluding observations. The Committee makes a general evaluation of the report and of the dialogue with the delegation, makes note of positive aspects, factors and difficulties impeding the implementation, and of principal subjects of concern. It also makes suggestions and recommendations to the State party concerned.
The present volume contains concluding observations adopted by the Committee on Economic, Social and Cultural Rights at its eighth to twenty-seventh sessions (1993-2001).

Foreword by Mrs. Mary Robinson, the then United Nations High Commissioner for Human Rights.

Edited by Tim Allen and John Eade

This book critiques the concepts of cultural functionalism and biologised ethnicity. The chapters examine ethnicities in conflict across Europe, and have been selected on the grounds that they not only provide a rich ethnographic account of overt ethnic conflict or racial violence, but also relate these local situations to wider processes. The contributors do not put forward a single homogeneous point of view, but they all assume perspectives that are opposed to the prevalent simplistic primordialism of most media coverage and political analysis. Most of the contributors are anthropologists and have presented drafts of their chapters at a series of meetings organised by a network called the Forum Against Violence. Many of the articles have appeared previously in the International Journal on Minority and Group Rights (Volume 4). This book should be of interest to academics and practitioners in the fields of human rights, anthropology and related topics.

Edited by Yoram Dinstein and Mala Tabory

From the dawn of modern international law, manifold treaties (especially peace treaties) have recognized the rights of specific minorities in specific territories. Today -- with Eastern Europe once more in turmoil and with minority groups all over the world clamouring for recognition -- there is a growing awareness that, irrespective of the observance of the fundamental freedoms of individuals, minority groups have their legitimate interests that must be appreciated and accommodated.
This collection of essays grew out of an international legal colloquium, held at the Faculty of Law of Tel Aviv University in March 1990. Some of the papers have already been published in volume 20 of the Israel Yearbook on Human Rights, but others are printed here for the first time.
The authors come from different parts of the world and represent different legal backgrounds. They are by no means at one in their analysis of the human rights of minority groups, but they all share the sense that problems of minorities cannot be brushed aside or glossed over. It is not too hazardous to forecast that these problems will actually intensify in the 21st century. Whereas they cannot be solved through exclusively legal means, international and constitutional lawyers must do their utmost to identify flash points and to offer at least some prescriptive guidelines. This is the principal purpose of the present volume.

Anne Bayefsky

The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the Quebec Secession Reference. The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book.
Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts?