International law and the rights of minorities

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書誌事項

International law and the rights of minorities

Patrick Thornberry

Clarendon Press , Oxford University Press, 1991

  • : pbk

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注記

Revision of the authors thesis (Ph. D.)--University of Keele

Bibliographical references: p. [431]-443

Includes index

内容説明・目次

内容説明

The treatment of ethnic and religious minorities by states is a major issue in the closing decade of the 20th century. Conflict between ethnic groups, and between groups and states colours international relations and politics. The developments in Eastern Europe and the USSR have led to a re-emergence of ethnic and nationalist issues, whilst the problems of national consolidation of new states inevitably raises questions of culture, religion and language. Minorities rights are difficult to accommodate within the individualist and universalist framework of human rights. International law is required to deal with dilemmas such as individual versus collective rights, passivity on the part of the state towards minority cultures or positive action to promote them, and nation-building as against group self-determination and autonomy. This book attempts to explore the response of international law to these major questions through detailed analysis of treaty and customary law, including regional treaties. Areas covered include the prohibition of genocide, "Article 27 of the Covenant on Civil and Political Rights", the principle of non-discrimination and the related but separable issue of indigenous peoples and international law. Reference is also made to the pre-UN tradition of group protection. The book concludes with an assessment of the achievements of international law in these areas and explores the possibilities for future progress.

目次

Part 1 Concept and history of the protection of minorities. Part 2 The right to existence. Part 3 Identity and non-discrimination. Part 4 The right to identity. Part 5 The right not to be discriminated against. Part 6 Rights of indigenous peoples. Part 7 Conclusions and recommendations - "Lex Lata" and "Lex Ferenda".

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