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| Author | : Kristin Henrard |
| Publisher | : BRILL |
| Total Pages | : 384 |
| Release | : 2021-07-26 |
| Genre | : Law |
| ISBN | : 9004482504 |
| Author | : Kristin Henrard |
| Publisher | : Cambridge University Press |
| Total Pages | : 475 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : 0521864836 |
Have recent developments in international and European law resulted in an integrated and coherent system of minority protection?
| Author | : Athanasia Spiliopoulou Åkermark |
| Publisher | : BRILL |
| Total Pages | : 331 |
| Release | : 2021-09-27 |
| Genre | : Law |
| ISBN | : 9004479872 |
This volume examines minority protection in international law. Its task is twofold: to examine existing methods of minority protection, and to analyse the underlying justifications of minority protection as reflected in international legal standards and discourse. Part I outlines the theoretical framework; Part II addresses minority protection and its justifications in the League of Nations, the Council of Europe, the OSCE and the United Nations. Finally, the author argues that it is possible to develop a working holistic approach to minority protection combining protection of peace, human dignity and culture.
| Author | : G. Hogan-Brun |
| Publisher | : Springer |
| Total Pages | : 246 |
| Release | : 2003-11-11 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 0230502997 |
Minority languages in Europe, as part of a common cultural heritage, need protection. The contributions to this book reflect urgent, stimulating and productive debates among researchers in sociolinguistics, linguistic anthropology, politics and sociology, and among language activists and policy makers. At the heart of the debate are the effectiveness of the existing political and legal frameworks aimed at protecting linguistic and cultural diversity, and prospects for the survival of minority languages in the process of European integration.
| Author | : Kristin Henrard |
| Publisher | : BRILL |
| Total Pages | : 454 |
| Release | : 2010-10-05 |
| Genre | : Law |
| ISBN | : 9004189718 |
This edited volume offers a rich compilation of perspectives on (perceived) differential standards of international organisations concerning minority protection. It also addresses the ongoing controversial question of the status of ‘new’ minorities, without neglecting the protection of minorities within minorities.
| Author | : European Centre for Minority Issues |
| Publisher | : Council of Europe |
| Total Pages | : 247 |
| Release | : 2004-01-01 |
| Genre | : Political Science |
| ISBN | : 9287154996 |
This book, the second in the series of publications on minority issues, examines the political and legal mechanisms available at European and international levels for the implementation of minority rights standards. Chapters cover the following topics: the concept of international minority rights; UN treaty monitoring bodies, particularly the Human Rights Committee; the UN Working Group on Minorities; the International Court of Justice; the European Court of Human Rights; the Framework Convention for the Protection of National Minorities; the European Charter for Regional or Minority Languages; the CSCE/OSCE mechanism for protection of minority rights; EU standards and mechanisms for the protection of minorities and the prevention of discrimination; bilateral agreements and their implementation.
| Author | : Juha Raikka |
| Publisher | : BRILL |
| Total Pages | : 248 |
| Release | : 2021-09-27 |
| Genre | : Law |
| ISBN | : 9004479260 |
The title of this volume is the critical and provocative question - do we need minority rights? - in order to announce that it does make sense to ask whether there are special obligations to minority protection. The following essays, none of which is published elsewhere, explore several of the many important philosophical questions about minority protection, as well as the practical and judicial problems related to certain answers. The first four essays concern minority rights within the theory of liberalism, while the last four focus on more detailed problems of minority protection.
| Author | : Kristin Henrard |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 329 |
| Release | : 2002-08-30 |
| Genre | : History |
| ISBN | : 0313012148 |
Accommodation of population diversity is a vital issue for any multinational society. The legacy of Apartheid in South Africa complicates this effort considerably. Henrard introduces a theoretical framework regarding how to accommodate minority protection in the most appropriate way and analyzes the respective contributions of individual rights, minority rights, and the right to self-determination. Subsequent chapters examine the case study of post-apartheid South Africa and attempt to investigate its constitutional development. Henrard finds that provisions within the 1996 Constitution do acknowledge an interrelation between these three important factors; however, implementation of minority protection policy is often quite a different matter. In seeking appropriate means of minority protection, this study stresses inclusionism, integration, and the essential right to identity and real equality. While Henrard reviews and discusses the entire democratic transformation process in South Africa, she cautions that, because current developments are characterized by their unsettled nature, major transformation and flux, analysis of the implementation phase can be only indicative. The apartheid history does not in itself inhibit progressive stances on this important issue. Still, despite the promising nature of the 1996 Constitution, the picture that emerges in terms of policy development aimed at minority protection is ambivalent.
| Author | : Corsin Bisaz |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 258 |
| Release | : 2012-08-28 |
| Genre | : Law |
| ISBN | : 9004228705 |
Through a collective biography of four scholars (Erich Kaufmann, Hans Kelsen, Hersch Lauterpacht and Hans J. Morgenthau) this book investigates how Jewish identity and intellectual ties to Judaic civilization 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 framed 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.
| Author | : Li Lin |
| Publisher | : Paths International Ltd |
| Total Pages | : 600 |
| Release | : 2012-06-01 |
| Genre | : Social Science |
| ISBN | : 1844642143 |
China's vast population contains a large number of disadvantaged or minority groups. Published in association with Social Science Academic Press (China), this unique book outlines what legal protection each minority group receives under Chinese law, together with a helpful comparative study on Chinese national and regional laws. Ground-breaking and detailed, it offers a comprehensive analysis of the various disparate aspects of minority rights protection in China, such as current anti-discrimination policy, the implementation of international standards for minority protection, and domestic legal protection for non-Chinese and ethnic minority groups. Written by leading Chinese scholars Li Lin and Li Xixia from The Institute of Law of the Chinese Academy of Social Sciences (CASS), & Lidija R. Basta Fleiner from The Institute of Federalism of the University of Fribourg, Switzerland.
