Conclusion

2006 ◽  
Author(s):  
Joshua Castellino ◽  
Elvira Domínguez Redondo
Keyword(s):  
International Cooperation ◽  
Minority Rights ◽  
Minority Protection ◽  
The Subject

The concluding chapter reiterates some of the main arguments presented and comments on how minority rights regimes are evolving in the specific settings selected. It sets out nuances of principles that have emerged and continue to emerge, and seeks to briefly comment on the conceptual and structural difficulties that affect the practice of the protection of the mostly impoverished minorities in Asia. It offers a series of concrete recommendations and suggestions with a view to enhancing international cooperation on the subject of minority protection in Asia.

Conclusion

2009 ◽  
Author(s):  
Castellino Joshua ◽  
Keane David
Keyword(s):  
International Cooperation ◽  
Indigenous Rights ◽  
Minority Rights ◽  
Comparative Perspective ◽  
Minority Protection ◽  
State Practice ◽  
Insight Into

This concluding chapter reiterates some of the main arguments presented, and comments, from a comparative perspective, on how minority rights regimes are evolving in the specific settings selected. Rather than arriving at a definitive insight into a unifying theory for the protection of minority and indigenous rights in the region, it aims to identify nuances and principles that have emerged from state practice. The book concludes with a series of concrete recommendations and suggestions with a view to enhancing regional and international cooperation, with a special emphasis on models for indigenous and minority protection.

New minorities, old instruments? Diversity governance from the perspective of minority rights

2016 ◽  
Vol 13 (2) ◽  
pp. 178-192
Author(s):  
Roberta Medda-Windischer
Keyword(s):  
International Law ◽  
Minority Groups ◽  
Minority Rights ◽  
Minority Protection ◽  
Common Definition ◽  
National Minorities ◽  
Scope Of Application

In international law, minority rights instruments have been traditionally conceived for, and applied to, old minority groups with the exclusion of new minority groups originating from migration. Yet, minority groups, irrespective of their being old or new minorities, can be subsumed under a common definition and have some basic common claims. This allows devising a common but differentiated set of rights and obligations for old and new minority groups alike. This paper argues that the extension of the scope of application of legal instruments of minority protection, such as the Framework Convention for the Protection of National Minorities (FCNM), is conceptually meaningful and beneficial to the integration of new minorities stemming from migration. 

scholarly journals The German hegemony in the European Union: European Economic Integration as an Asymmetric Regime

2020 ◽  
Vol 9 (2) ◽  
pp. 298-329
Author(s):  
Everton Almeida Silva ◽  
Joaquim Carlos Racy
Keyword(s):  
European Union ◽  
International Cooperation ◽  
Economic Integration ◽  
Power Relations ◽  
Historical Perspective ◽  
The European Union ◽  
International Regime ◽  
European Economic ◽  
Economic Relations ◽  
The Subject

In this paper we intend to analyze the hegemonic position of Germany within the European Union, examining, from a historical perspective, the process of economic integration of the continent, highlighting the haggling process among its Member States and the emergence of power relations among those. Primordially, the economic relations among the States and the circumstances that led European States to pursue the international cooperation, in order to build an international regime, will be analyzed, considering whether such an asymmetrical arrangement. In view of this, the present work has been organized into three sections and a conclusion where we state our opinion on the subject and point out suggestions and referrals on the theme.     Recebido em: agosto/2019. Aprovado em: agosto/2020.

21. Indigenous peoples’ and minority rights

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Minority Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Minority Status ◽  
Human Rights Law ◽  
International Human Rights ◽  
Minority Protection ◽  
International Human

This chapter examines the scope and application of indigenous peoples’ rights and minority rights in international human rights law. It discusses the recognition of the need for minority protection in the drafting of the International Bill of Human Rights; analyses the provisions of Art 27 of the International Covenant on Civil and Political Rights; and describes tests employed to determine minority status. The chapter also considers developments in the protection of minority rights in Europe. The rights of indigenous peoples are also examined.

The Uncomfortable Balance between a Minority and a People: The Global/Local Disconnect

2017 ◽  
Vol 24 (3) ◽  
pp. 254-272
Author(s):  
Parvathi Menon
Keyword(s):  
International Law ◽  
Personal Characteristic ◽  
Minority Rights ◽  
Self Determination ◽  
Minority Protection ◽  
Political Processes ◽  
Minority Identity ◽  
The Right ◽  
The Relationship

The legitimacy of secessionist movements has emerged as an important debate, while the protection of minorities within a democracy has become merely of peripheral interest to international law. My project suggests that the advent of universalized (minority) rights re-conceptualized the majority-minority relationship and its balance, reducing the possibilities of political processes to balance the relationship. What was construed as a redress for dichotomous relationships between the oppressor and the oppressed through (the right to) self-determination, became a discourse between minority (identity) rights and a democratic entitlement, post-colonially. These norms universalized a demand to rethink minority protection, no longer from the perspective of advantaged and disadvantaged; rather, to introduce perspectives of individuals polarized around a personal characteristic in their identity thus establishing/reinforcing the inferiority of their identity within the hierarchy.

The Inter-relationship between International and National Minority-Rights Law in Selected Western Balkan States

2009 ◽  
Vol 34 (4) ◽  
pp. 307-335
Author(s):  
Benedikt Harzl ◽  
Alice Engl
Keyword(s):  
Constitutional Law ◽  
Minority Groups ◽  
Minority Rights ◽  
National Minority ◽  
Minority Protection ◽  
Legal Provisions ◽  
Balkan States ◽  
International Instruments ◽  
Violent Conflicts ◽  
Shed Light

AbstractThe violent conflicts that erupted after the breakup of communist regimes (especially in the former Socialist Federal Republic of Yugoslavia) have gradually changed the standing of minority rights and minority protection: first, the differential treatment of minority groups has become a legitimate—if not necessary—instrument to guarantee equality and stability, and, second, minority-rights legislation and minority protection are increasingly regarded as a responsibility shared among national and international actors. This inter-relationship between international instruments and national legal provisions can be usefully observed particularly in the states that emerged from the breakup of Yugoslavia. Due to the necessity of ensuring peace and stability, the constitutions of these emerging states have been increasingly influenced by international norms and standards for minority protection—a process that can be characterized as the 'internationalization of constitutional law'. This article assesses these developments, at both the national and international levels, in order to shed light on the particular inter-relationship among these different layers, by looking at the example of selected Western Balkan states.

scholarly journals The Rights of Minorities in International Law

2016 ◽  
Vol 9 (6) ◽  
pp. 15
Author(s):  
Fatemeh Mihandoost ◽  
Bahman Babajanian
Keyword(s):  
International Law ◽  
Present Article ◽  
International Society ◽  
Minority Rights ◽  
The Other ◽  
Human Right ◽  
Religious Minorities ◽  
The Subject ◽  
Specific Culture ◽  
Definition Of

Today human right is of great importance. The existence of different minorities such as lingual, ethnic, racial, and religious minorities with different tendencies derived from different civilizations and cultures has brought about social and cultural varieties and differences in each country and also the emergence of this variety has resulted in the development of variety in a specific culture and ceremony in different countries. On the other hand, each country as a member of international society has to observe norms and principles accepted by international society. In other words, although preparation of constitution of each country depends on exclusive qualification of the country’s people and government, it does not mean they are free in each law because international legitimacy of each country’s government and constitution depends on observation of the accepted principles and the governing rules in international law. The subject of minorities was first introduced in Vienna Congress and today different minorities live in different countries. In international documents and treaties, a precise definition of minority has not been provided. The present article seeks to interpret minority rights according to international law and investigate minority rights in international law by using international documents.

Minority Protection in International Law: From Standard-Setting to Implementation

1999 ◽  
Vol 68 (2) ◽  
pp. 131-160
Author(s):  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Rights ◽  
Broad Perspective ◽  
Minority Protection ◽  
Monitoring Process ◽  
International Monitoring ◽  
State Compliance ◽  
Potential Impact ◽  
Minority Regime

AbstractIn recent years, minority issues regularly feature on the international agenda, due to growing concerns for human rights and stability. Minority rights instruments are being multiplied accordingly. While this is no doubt a welcome development, the fact that the effectiveness of any (present and future) minority regime remains to be tested through an adequate implementation machinery should not be overlooked. The aim of this paper is to examine the international monitoring mechanisms which are relevant to minority protection, with a view to discussing the prospects for improving State compliance. An overview of such mechanisms and a focus on some basic, contemporary elements of the resulting monitoring process, afford the basis for a set of forward-looking reflections on the problem of the implementation of minority rights standards. An attempt has been made at analysing the relevant patterns of scrutiny within a broad perspective, namely in relation to their real and/or potential impact on minority protection as embraced by international law.

scholarly journals An interview with Avigail Eisenberg: “Reasoning about the Identity of Aboriginal People”

2018 ◽  
Vol 1 (1) ◽  
pp. 103-111
Author(s):  
Martin Blanchard
Keyword(s):  
Cultural Diversity ◽  
Political Science ◽  
Aboriginal People ◽  
Minority Rights ◽  
Associate Professor ◽  
Theory And Practice ◽  
Important Work ◽  
Gender Minority ◽  
The Subject ◽  
Academic Year

Avigail Eisenberg is an Associate Professor in the Department of Political Science, University of Victoria. She was also a fellow of CRÉUM during the 2004-2005 academic year. She has written important work on the issues of identity, race, gender, minority rights, and in particular, Aboriginal claims. Her writing displays intelligent and acute commentaries in which she demonstrates an ability to tackle difficult questions in a refreshing way. A list of her publications is available at http://web.uvic.ca/polisci/eisenberg/pubs.htm. Martin Blanchard of CRÉUM asked Professor Eisenberg if she would be willing to be interviewed via email on the subject of an article she had just finished writing, entitled “Reasoning about the Identity of Aboriginal People”. (This text is forthcoming in Accommodating Cultural Diversity: Contemporary Issues in Theory and Practice, Stephen Tierney ed., London: Ashgate.) She kindly accepted to answer his questions.

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