The International Law Dimension of the German Minorities Policy

1999 ◽  
Vol 68 (2) ◽  
pp. 117-130 ◽  
Author(s):  
Keyword(s):  
International Law ◽  
International Treaties ◽  
Minority Protection ◽  
Bilateral Agreements ◽  
Bilateral Relations ◽  
National Minorities ◽  
Mother Country ◽  
Ethnic Germans ◽  
Theory Of Law ◽  
The Cold War

AbstractEthnic Germans have traditionally been living in a number of other European states as national minorities. These minorities can in accordance with international law count on the support of their mother country as a protective power. During the Cold War, such German initiatives were often seen in Eastern Europe as interference into internal affairs and accordingly rejected. After the end of the block confrontation a significant number of bilateral agreements have been concluded in which the rights of German minorities are addressed. In these treaties the CSCE/OSCE documents play an important role. Doubtless these documents have no legal force. In the light of the theory of law it seems of great interest that clauses concerning minority protection have been integrated into binding international treaties. The treaties between Germany and Central and Eastern European states are examples for the ongoing process of “legalising” politically binding norms. All include, in one way or another, a reference to the political CSCE/OSCE-agreements relevant for minority protection. The relevant regulations are not only confirmed as binding for the signatory states, but rather that they are, although to varying degrees, being declared as legally effective instruments in bilateral relations. This “upgrade”raises these political norms to norms of international law.

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 INTERNATIONAL LEGAL MECHANISM FOR ENSURING HUMAN RIGHTS

2021 ◽  
Vol 117 (4) ◽  
pp. 26-35
Author(s):  
MYKHAILOVSKYI Victor
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Treaties ◽  
International Protection ◽  
National Minorities ◽  
Human Rights Council ◽  
High Commissioner ◽  
Occupied Territories ◽  
The Government ◽  
High Level

Background. The problem of protecting human rights has existed throughoutthe existence of mankind. Modern globalization affects the effectiveness of international institutions in the field of human rights. After all, the rapid processes of development and adoption of international documents in the field of human rights require not only worldwide recognition, but also unquestioning implementation. In this regard, the study of the mechanism for exercising the powers of the UN Human Rights Council in the temporarily occupied territories of Crimea and Donbas is especially relevant. The aim of the article is to establish a mechanism for exercising the powers of the UN Human Rights Council to respect and ensure human rights in Ukraine, in particular in the temporarily occupied territories of Crimea and Donbas. Materials and methods. Both general and special legal methods of cognition were used during the research. The normative basis of the study were international treaties, international law and the work of domestic and foreign scientists. Results. International protection of human rights is one of the most important branches of public international law. The creation of the United Nations has opened a new page in the field of human rights institutions. In order to promote and ensure human rights in Ukraine, in particular in the temporarily occupied territories of the Autonomous Republic of Crimea and Donbas, the UN Human Rights Council implements a number of mechanisms: closely cooperateswith the UN High Commissioner for Human Rights. periodic inspections. The UN Human Rights Council serves as a forum for discussing thematic issues on all human rights. Thus, within the high-level segment of the UN Human Rights Council, on February 23, 2021, for the third year in a row, the UN General Assembly debated on the agenda item «Situation in the Temporarily Occupied Territories of Ukraine» initiated by our state. Within the framework of this event, support for the sovereignty and territorial integrity of Ukraine was expressed. Conclusion. Ukraine’s cooperation with the UN Human Rights Council is increasing pressure from the international community to respect the rights of indigenous peoples, national minorities, social human rights, democracy and the rule of law. During the Russian aggression on the territory of Ukraine, the UN Human Rights Council adopted a resolution «Cooperation with Ukraine and its assistance in the field of human rights», an agreement was concluded between the Government of Ukraine and the Office of the UN High Commissioner for Human Rights. Ukraine. Thus, despite the recommendatory nature of the powers of the UN Human Rights Council, this international institution significantly affects the level of human rights in the temporarily occupied territories of Ukraine, and contributes to the further development of human rights in Ukraine. Keywords: human rights, UN Commission on Human Rights, UN HumanRights Council, Office of the UN High Commissioner for Human Rights, UN Human Rights Monitoring Mission.

scholarly journals HUKUM INTERNASIONAL SEBAGAI SUMBER HUKUM DALAM HUKUM NASIONAL (Dalam Perspektif Hubungan Hukum Internasional Dan Hukum Nasional Di Indonesia)

2013 ◽  
Vol 2 (1) ◽  
pp. 67
Author(s):  
Dina Sunyowati
Keyword(s):  
International Law ◽  
International Agreements ◽  
International Agreement ◽  
International Treaties ◽  
Bilateral Agreements ◽  
Multilateral Agreements

Countries agreement contained in an international agreement in the form of bilateral agreements, regional and multilateral agreements that are binding on the parties and a law for that entered into an agreement (pacta sunt servanda). International agreements that have been agreed and validated in a ratification by a country, then the agreement is valid and binding upon all be a source of law for the enforcement of law in making decisions. This is true also in Indonesia. Any international agreement that has been followed by Indonesia, which is contained in a ratification requirement or not, still have the force of binding for both parties. Keywords: International Law, Sources of Law, International Treaties, International Agreements.

scholarly journals Facets of Interdependency in Russia-US Relations

2020 ◽  
Vol 18 (2) ◽  
pp. 48-70
Author(s):  
Y. Nadtochey ◽  
Keyword(s):  
Cold War ◽  
Structural Changes ◽  
World Politics ◽  
Decision Makers ◽  
Bilateral Agreements ◽  
Slowing Down ◽  
Bilateral Relations ◽  
Destructive Conflict ◽  
The Cold War

The appliance of interdependence concepts in the International Relations studies can hardly be regarded as something new. However, slowing down globalization and rising international tensions even among partner or allied states make rethinking of these concepts relevant. The notion that interdependence may ease tensions was put under question and opposed by the idea that interdependence may become a source of conflict. Scholars also missed their focus on conceptualization of interdependence forgetting that it was not a product of globalization, rather a result of the Cold War era. Thus, it can be applied to relations not only between partner countries, but also rivals, as was in the case of the U.S.-Soviet relations. The dense fabric of bilateral agreements, institutions, and regimes in various fields (primarily in security domain) prevented superpowers from a destructive conflict. After the collapse of the bipolar world, both states tried to consolidate the legacy of interdependence by increasing cooperation, transferring relations from mutual assured destruction to sustainable partnership, from deterrence to security community. However, structural changes in world politics reshaped Russian-American relations. Unlike the Cold War period with its unique U.S.-Soviet interdependence model, which served as a necessary precondition for lasting peace, contemporary Russian, as well as American decision-makers do not tend to estimate cooperation between two countries as critical in terms of national security and conflict prevention. In contrast, they are more likely to treat bilateral relations as too costly and burdening. Moscow and Washington increasingly prefer to be unbound in achieving their short- or long-term political goals and choose the way of unilateral decisions and actions with no corresponding with the counterpart. These risky policies of mutual neglect increase the likelihood of future conflict between the two powers.

scholarly journals Establishing the content of foreign law through international treaties

2020 ◽  
Vol 3 ◽  
pp. 81-85
Author(s):  
Herman Galuschenko
Keyword(s):  
International Law ◽  
International Agreements ◽  
Private International Law ◽  
Legal Assistance ◽  
International Treaties ◽  
Additional Source ◽  
Bilateral Agreements ◽  
Procedural Law ◽  
Foreign Law

In the article, the author gives the main mechanisms of establishing the content of foreign law, which are applied in most states – namely, briefly stated rules of civil procedural codes or special laws on private international law. The author focuses on the fact, that an additional source for mechanisms of establishing and clarifying content of foreign law are also international agreements, in particular – bilateral agreements on legal assistance, which states conclude between themselves to establish cooperation in order to resolve civil and criminal cases.It was found out, that in most countries, the legislator, despite the existence of civil procedural law and law on private international law, singles out international treaties, allowing to apply clear and effective mechanisms to establish the content of foreign law. This practice is not a new phenomenon in the science of private international law.

Minority Protection Within the Concept of Self-Determination

1995 ◽  
Vol 8 (1) ◽  
pp. 53-80
Author(s):  
Jean-Paul Schreuder
Keyword(s):  
International Law ◽  
Effective Means ◽  
Self Determination ◽  
Special Consideration ◽  
Political Rights ◽  
Minority Protection ◽  
Collective Rights ◽  
National Minorities ◽  
International Instruments

Astract:Does contemporary international law offer sufficient and effective means to prevent any future secession by national minorities? In order to answer this question, general international instruments concerning minority-protection, as well as more recent international instruments designed specifically for the protection of minorities, will be investigated. The role that a guaranteeing of collective and, in particular, political rights to national minorities have or can have in order to prevent future secession by national minorities, will be given special consideration. It will be concluded that, in the author's view, the above-mentioned question must be answered negatively, and that an extension of political and collective rights for national minorities is needed, in order to enable a prevention of future secessionist claims by national minorities.

scholarly journals СORRESPONDENCE OF THE NAMES OF THE STRUCTURAL PARTS OF INTERNATIONAL BILATERAL AGREEMENTS WITH THE PARTICIPATION OF UKRAINE TO THEIR TEXT (ON THE EXAMPLE OF AGREEMENTS ON SOCIAL SECURITY)

2021 ◽  
pp. 115-121
Author(s):  
H. S. Phedinyak
Keyword(s):  
Social Security ◽  
International Law ◽  
International Agreements ◽  
Vienna Convention ◽  
Private International Law ◽  
International Treaties ◽  
International Treaty ◽  
Bilateral Agreements ◽  
Written Form ◽  
The Republic

International treaty is mode of creating norms of international law and private international law. Treaties are legally binding agreements between two or more states. According Vienna Convention on Law of Treaties (1969, May 23), which came into force on January 27, 1980 treaty means an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or two or more related instruments and whatever its particular designation. International treaties are acts that contain unified rules that are binding on the subjects of law of at least two states. Ukraine participates in a significant number of international agreements, both multilateral and bilateral. The rules of legislative technique are applied to the presentation of the text of international agreements. The qualitative text of an international treaty with the participation of the state proposing the text of the treaty is the "card" of this state. This article analyzes the application of some rules of legislative technique in the creation of international treaties. The texts of international bilateral agreements with Ukraine on social security are analyzed. Attention is drawn to the names of some sections, chapters, articles of such international agreements as: Agreement between Ukraine and the Republic of Poland on social security of May 18, 2012; Agreement between Ukraine and the Kingdom of Spain on social security of citizens of October 7, 1996; Agreement between Ukraine and the Portuguese Republic on social security of July 7, 2009. The text of these international bilateral agreements needs to be changed.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

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