International Law and Minority Protection: The Fate of the Greeks of Imbros and Tenedos

2008 ◽  
Vol 19 (4) ◽  
pp. 14-28
Author(s):  
V. Coufoudakis
Keyword(s):  
International Law ◽  
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. 

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 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.

Evolving Protection of Minority Groups: Global Challenges and the Role of International Jurisprudence

2009 ◽  
Vol 11 (2) ◽  
pp. 185-218 ◽  
Author(s):  
Gaetano Pentassuglia
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Groups ◽  
Standard Setting ◽  
Minority Protection ◽  
Global Challenges ◽  
Judicial Discourse

AbstractThis article explores the role of judicial discourse in articulating and accommodating minority claims under international law. It identifies four major movements in the field of minority protection and argues that, while the era of specialised standard-setting on minority groups seems to be largely over, international jurisprudence holds the promise of a wider and deeper (re-)assessment of minority issues within the human rights canon.

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.

Minorities In International Law

1997 ◽  
Vol 10 (2) ◽  
pp. 507-519 ◽  
Author(s):  
Thomas W. Simon
Keyword(s):  
International Law ◽  
International Organizations ◽  
New World ◽  
Minority Groups ◽  
Ethnic Cleansing ◽  
Negative Aspect ◽  
General Role ◽  
Minority Protection ◽  
Political Conflicts

The ideology of ethno-nationalism creates a new world disorder. States and international organizations must find a way to deal with group conflicts to prevent ethno-nationalism from transmogrifying into ethnic cleansing and genocide. Minorities need protection against harm. The problem of minorities dominates many political conflicts.The judiciary can provide a critical means of protection. Agreement comes readily over the general role for the courts in minority protection. Disagreement abounds over their specific role. Should courts, for instance, protect individuals but not specific groups? Should courts protect the identity of minority groups? The role of the judiciary becomes more tractable with a reorientation of our thinking by giving priority to the negative aspect of the minorities’ problem: the problem of injustice. Since group harm, and not group identity, lies at the heart of the difficulty, this is where the courts should look. Jurists become diverted in trying to define a minority in some positive terms when the harms that confront any minority are readily apparent.

Developing a ‘Peace and Security’ Approach Towards Minorities' Problems

2003 ◽  
Vol 52 (1) ◽  
pp. 115-150 ◽  
Author(s):  
Li-ann Thio
Keyword(s):  
International Law ◽  
Ethnic Conflict ◽  
Personal Autonomy ◽  
International Policy ◽  
Policy Makers ◽  
Minority Protection ◽  
Global Issue ◽  
Peace And Security ◽  
Multicultural States

The centuries old problem of protecting minorities with in multicultural states through international law is a recognised contemporary global issue.2 Minority protection schemes constitute an important facet in the arsenal of techniques available to states and international policy-makers in managing the potentially destabilising effects of nationalist aspirations, where manifested in ethnic conflict.3 These aspirations range from minimalist claims for personal autonomy to maximalist claims for spatial autonomy, even independent statehood.

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