Identity Crisis and the Pseudo-Minorities in Bangladesh: Is the Right to Cultural Identity the Answer?

2021 ◽  
pp. 1-32
Author(s):  
Arpeeta Shams Mizan
Keyword(s):  
Cultural Identity ◽  
International Law ◽  
Historical Analysis ◽  
Identity Crisis ◽  
The State ◽  
Formal Equality ◽  
Identity Markers ◽  
Majority Groups ◽  
The Right ◽  
Legal Mechanism

Abstract This article studies the process of minoritising members of majority groups through the use of narrow identity markers in heterogeneous countries like Bangladesh. Through historical analysis of the State’s influence on people's sense of cultural identity, it argues that when a group does not identify with State-imposed identity markers, they are alienated by the State and reduced to pseudo-minorities. Pseudo-minorities are groups of individuals who do not satisfy objective elements of minority identity, yet are discriminated against by the State in a minority-like manner. These individuals identify themselves as a group, and while they have formal equality, they lack de facto equality. These pseudo-minorities have no precise legal mechanism to redress such discrimination either under domestic or international law. The emerging right to cultural identity can become a tool to protect these groups.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

Self-Defence and Israel in International Law: A Reappraisal

1976 ◽  
Vol 11 (4) ◽  
pp. 516-562 ◽  
Author(s):  
Barry Feinstein
Keyword(s):  
International Law ◽  
The State ◽  
Self Help ◽  
The Law ◽  
The Right ◽  
Self Defence

Dean Acheson frankly reconfirmed the right of self-preservation, when he asserted, “…law simply does not deal with … questions of ultimate power—power that comes close to the sources of sovereignty…. No law can destroy the state creating the law. The survival of states is not a matter of law”. It is beyond the law.Given the existence of man's elementary loyalty to autonomous states, the necessity for using force springs from the need of states to depend fundamentally on self-help in order to guarantee their survival and welfare. This search for security in a system of politics without government, forces the state to be dependent upon military self-help.

Democracy

2014 ◽  
Author(s):  
Steven Wheatley
Keyword(s):  
International Law ◽  
English Language ◽  
Family Relationship ◽  
The State ◽  
Democratic Legitimacy ◽  
International Governance ◽  
Science Literature ◽  
Democratic State ◽  
The Right ◽  
Over Time

Researchers on “democracy” in international law have to make an important methodological choice: They can examine the “democracy norm” from the perspective only of international law (state practice, treaty norms, international law texts, etc.) or they can locate their research within a wider body of social science literature, in particular considering the normative conception of democracy in political theory (electoral, deliberative, consociational, etc.) and the practice of democracy and democracy promotion identified in political science. The latter is recommended since the idea of democracy in international law did not emerge ex nihilo. To be meaningful, it seems reasonable to conclude that the international law conception of democracy must maintain its family relationship with the idea of democracy that has emerged in political thought and practice over time—after all no agreed definition of democracy exists in international law. For researchers engaged in a critique of doctrine and practice from the perspective of democratic legitimacy, more in-depth reading will be required and reading of the original materials is essential. This article introduces researchers to the key writings in the English language on democracy in international law and relevant readings that inform the debates in international law in cognate disciplines. While certain democratic elements can be found in international doctrine and practice over time, “democracy” as an identifiable principle of the international law order can be dated back to the 1990s and the ending of the Cold War. While the status and content of the “democracy norm” in international law remains contested, the influence of democratic ideals can be seen in a number of areas relating to legitimate political authority at the level of the state and, increasingly, the (democratic) legitimacy of international organizations and institutions. The principle of democracy is seen to have an influence in the functioning of international law and the practice of international relations and international governance: establishing a criterion for legitimate and lawful government, giving form to the right of peoples to political self-determination, providing a context for the enjoyment of human rights and fundamental freedoms, and establishing the basis for peaceable and nonpeaceable interstate relations. Moreover, following the globalization and fragmentation of governance functions, concern has grown increasingly with respect to the “democratic deficit” experienced by citizens at the level of the state, leading to proposals for the democratization of global governance and a literature that examines the extent to which a democratic state should accept the authority of nondemocratic international law norms.

The right to the truth in international law: fact or fiction?

2006 ◽  
Vol 88 (862) ◽  
pp. 245-273 ◽  
Author(s):  
Yasmin Naqvi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Criminal Law ◽  
The State ◽  
Legal Concept ◽  
The Right ◽  
Practical Implications ◽  
Legal Right

The right to the truth has emerged as a legal concept at the national, regional and international levels, and relates to the obligation of the state to provide information to victims or to their families or even society as a whole about the circumstances surrounding serious violations of human rights. This article unpacks the notion of the right to the truth and tests the normative strength of the concept against the practice of states and international bodies. It also considers some of the practical implications of turning “truth” into a legal right, particularly from the criminal law perspective.

Intervention: Individual and Collective

1945 ◽  
Vol 39 (4) ◽  
pp. 645-663 ◽  
Author(s):  
Charles G. Fenwick
Keyword(s):  
Civil War ◽  
International Law ◽  
The State ◽  
The Other ◽  
Central Theme ◽  
Entire Volume ◽  
Foreign Government ◽  
Internal Affairs ◽  
The Right

Of all the terms in general use in international law none is more challenging than that of “ intervention.” Scarcely any two writers are to be found who define this term in the same way or who classify the same situations under it. To one writer it is the interference of one state in the affairs of another; to a second writer it is “ unwarranted” interference; to a third it is interference in the domestic or internal affairs of the state; to a fourth it is interference in external as well as internal affairs. Some writers include interference of a third state between two belligerents in time of war, by taking sides with one against the other; others include only interference between the parties to a civil war. Some include “ diplomatic intervention,” where the intervening state interferes in behalf of its citizens in cases of alleged denial of justice by the other state; others regard such interference merely as “ interposition,” since it does not involve an attempt to control the character of the foreign government but merely to influence its conduct. Many jurists regard all intervention as illegal; an American jurist constructs an entire volume on international law around the central theme of the right of intervention.

scholarly journals Research on the Right of Innocent Passage in the Territorial Waters

2021 ◽  
Author(s):  
Shihao Yang ◽  
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Legal System ◽  
Historical Analysis ◽  
Current Position ◽  
Depth Analysis ◽  
The Right

This article takes the relevant legal system of innocent passage in the territorial waters in international law as the research object, combines the knowledge of jurisprudence, comprehensively uses comparative analysis, historical analysis, and law hermeneutics. Based on an in-depth analysis of the innocent passage system, the relevant practices and positions of various countries about the innocent passage system in territorial waters are summarized, and various issues such as whether innocent passage system in territorial waters is applicable to the warships are discussed. And analyzes China’s current position and practice on innocent passage system, and then put forward suggestions for improvement.

Hot Pursuit

2016 ◽  
Author(s):  
Bill Gilmore
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Use Of Force ◽  
The State ◽  
Law Of The Sea ◽  
Customary International Law ◽  
Cross Border ◽  
Legal Justification ◽  
The Right ◽  
Self Defence

This chapter examines the doctrine of ‘hot pursuit’ used by the state to exercise its coercive powers beyond national territory for law enforcement purposes. It discusses hot pursuit by sea, land, and air in the context of international law, particularly with respect to self-defence and reprisal. Whilst hot pursuit is well recognized in the customary international law of the sea, it has yet to achieve that form of normative recognition in relation to pursuit on land or by air. The chapter considers the debate over hot pursuit as a legal justification for cross-border military incursions independent of the right of self-defence and describes the concept of extended constructive presence before concluding with an analysis of hot pursuit in a use of force context.

STATE REGULATION OF FOX EXTRACTION IN GALICIA IN 16TH TILL EARLY 20TH CENTURIES: HISTORICAL ASPECT

2018 ◽  
Vol 1 (11) ◽  
pp. 240-249
Author(s):  
Oleg Romanovych Protsiv
Keyword(s):  
Comparative Analysis ◽  
Domestic Animals ◽  
State Regulation ◽  
The State ◽  
Executive Power ◽  
Economic Factors ◽  
Historical Aspect ◽  
Factors Influencing ◽  
The Right ◽  
Legal Mechanism

The article analyzes the state regulation of the fox extraction in Galicia from the 16th to the beginning of the 20th century: the methods and terms of extraction, the regulation of the number, the authority of the hunting service in obtaining foxes, and the trade in fur. It has been carried out a comparative analysis of the legal mechanism of regulation the fox population, and the com- petence of the bodies of state executive power and local self-government bodies. It describes the customary rules and internal rules for hunting on fox in some hunting societies. The economic factors that influenced to the state regulation of the number of foxes were identified, making it possible not only of rational use of the resource for obtaining valuable fur, but also for increasing the number of game, especially the hares. Factors influencing on population size, including political influences and military events, were established. The features of state regulation the fox extraction in the investigated period are described. On the basis of comparative analysis, it was described the fox extraction of the Austro- Hungarian monarchy, Halychyna in the context of the counties, the Second Polish Commonwealth, it was described the specifics of organization the hunting for fox among the hunting elite, in particular the emperor of Austro-Hungarian, Franz Josef I and emperor of Germany, Wilhelm II.It is noted that according to the right of the predators, the owner of the hunt- ing grounds on which they are located is the property of the owner. Based on these principles, the owner of the hunting grounds was required to destroy preda- tors, as predators are not only harmful to hunting game, but also for domestic animals. The legislation of the Polish kingdom, which regulated the destruction of predators, determined that predators should be destroyed without taking into account the extraction time, and it is permitted to use different means and tools for this, but only to those who have the right to hunt. The predators were bear, badger, wolf, fox, lynx, wild cat, otter, marten, trich, ermine.

Constitutional basis for public property in the context of the creation of a legal entity of public law

2020 ◽  
Vol 29 (5) ◽  
pp. 134-149
Author(s):  
Vladimir Nizov
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Historical Analysis ◽  
Public Law ◽  
The State ◽  
The Public ◽  
Public Property ◽  
The Russian Federation ◽  
The Difference ◽  
The Right

The article discusses problems of the constitutional regulation of property rights and property itself. The research has been narrowed down to the features of public property regulation in the Russian Federation. The relevance of the research is explained by the process of the reform in the public property administration in Russian Federation, which has transferring of the state property to some legal entities of public law as distinguished feature. The author proposes the historical analysis of the property regulation’s development and the role of the Constitution in this process. The comparative instruments are used to show the main preconditions and trends of public property regulation in Russia and other countries. The author argues the Russian Federation is going on the process of the property regulation construction and the modern stage sees the Constitution as a main axiological filter for that. Meanwhile, the Russian legal system has several obstacles in this way: the limitation of the direct force of the Constitution, the spoiled separation of power, etc. The importance of the system of the check and balances in the property administration is noted. Thus, the research explains the differences between the system of the separation of power in the United Kingdom, Ukraine, and Russia. The author discloses the distinguishing features of the public property the state needs to account in the process of the property transition to public law entities. The critic overview of detailed property regulation in the Constitution’s text is expressed. The author notes constitutional provisions that regulate property issues are features of the post-socialist states. The difference between property rights and sovereign rights is also enclosed in the article. The justification of the right to administrate public property is provided, the research explains the importance of the justification in public property administration and its role in democratic societies, especially in the Russian Federation. The privatization and decentralization of the public property administration are needed to be explained the effectiveness and stability of these decisions. Additionally, the author argues that public property must have more concrete regulation because it needs more complex rules for just and effective administration. The conclusion of the article explains the linkage between the constitutional ideal and the development of public property regulation.

The Existing Cause of Biafra and its Right to Self-determination

2020 ◽  
pp. 1-19
Author(s):  
Yinka Olomojobi
Keyword(s):  
International Law ◽  
Regional Differences ◽  
The State ◽  
Self Determination ◽  
State Sovereignty ◽  
The South ◽  
Sovereign State ◽  
Independent States ◽  
The Right

Abstract There has been recent agitation for self-determination in the south-east of Nigeria for the state known as Biafra (a pro-secessionist group). The principle of self-determination is a well-debated discourse since it connects with the right to secede and create a sovereign state. Like a marriage at gunpoint, a reluctant partner will always want a way out of the marriage, and will take a hike at the first opportunity. Given this political inheritance, Nigeria has fallen prey to several attempts to undermine state sovereignty originating in ethnic and regional differences. The controversy has concerned both the principle’s status in international law and its charter. This principle has played a prominent part in the emergence of former colonies as independent states. The aim of this article is to explore the ongoing agitation for a Biafran Republic and to assess whether it is in conformity with the right to self-determination.

Sign in / Sign up

Export Citation Format

Share Document