Minority Groups and Judicial Discourse in International Law

A Comparative Perspective

Author: Gaetano Pentassuglia

Publisher: Martinus Nijhoff Publishers

ISBN: 9004176721

Category: Law

Page: 276

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Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies, particularly in the Americas, Africa and Europe in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group's perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative practical and theoretical perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.

The Concept of Group Rights in International Law

Groups as Contested Right-Holders, Subjects and Legal Persons

Author: Corsin Bisaz

Publisher: Martinus Nijhoff Publishers

ISBN: 9004228705

Category: Law

Page: 243

View: 9982

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Through a collective biography of four scholars (Erich Kaufmann, Hans Kelsen, Hersch Lauterpacht and Hans J. Morgenthau) this book investigates how Jewish identity and intellectual ties to Judaic civilization in the German-speaking and legal context influenced international law. By using biblical constitutive metaphors, it argues that Jewish German lawyers inherited, "inter alia," a particular Jewish legal approach that framed their understanding of the law as a means to reach God. The overarching argument is that because of their Jewish heritage, Jewish scholars inherited the endorsement of earthly particularism for the sake of universalism and the other way around: for the sake of universalism, humanity s differences need to be solved through the law.

International Human Rights Law and Practice

Author: Ilias Bantekas,Lutz Oette

Publisher: Cambridge University Press

ISBN: 1107125049

Category: Law

Page: 800

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The second edition of this innovative textbook explores human rights law through an engaging combination of theory and practice.

Minority Rights in the Middle East

Author: Joshua Castellino,Kathleen A. Cavanaugh

Publisher: OUP Oxford

ISBN: 0191668885

Category: Law

Page: 456

View: 9038

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Within the Middle East there are a wide range of minority groups outside the mainstream religious and ethnic culture. This book provides a detailed examination of their rights as minorities within this region, and their changing status throughout the twentieth and twenty-first centuries. The rights of minorities in the Middle East are subject to a range of legal frameworks, having developed in part from Islamic law, and in recent years subject to international human rights law and institutional frameworks. The book examines the context in which minority rights operate within this conflicted region, investigating how minorities engage with (or are excluded from) various sites of power and how state practice in dealing with minorities (often ostensibly based on Islamic authority) intersects with and informs modern constitutionalism and international law. The book identifies who exactly can be classed as a minority group, analysing in detail the different religious and ethnic minorities across the region. The book also pays special attention to the plight of minorities who are spread between various states, often as the result of conflict. It assesses the applicable domestic legislative instruments within the three countries investigated as case studies: Iraq, Syria, and Lebanon, and highlights key domestic remedies that could serve as models for ensuring greater social cohesion and greater inclusion of minorities in the political life of these countries.

Human Rights, Minority Rights, Women's Rights

Proceedings of the 19th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), New York, June 24-30, 1999

Author: International Association for Philosophy of Law and Social Philosophy. World Congress

Publisher: Franz Steiner Verlag

ISBN: 9783515078610

Category: Social Science

Page: 145

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Partial proceedings of the 19th World Congress, IVR, New York, 1999.

Minority Rights in the Pacific Region

A Comparative Analysis

Author: Joshua Castellino,David Keane

Publisher: Oxford University Press, USA

ISBN: 0199574820

Category: Law

Page: 281

View: 7097

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Countries in the Pacific face unique challenges of survival and progress in establishing themselves and participating fully in international society. Their geographic isolation from the rest of global society is compounded by complex layers of often competing national and indigenous identities among their populations built through wave upon wave of migration. This has created rich diversity, competing regimes and real challenges in terms of state-building, ethnic identity, social policy cohesion and development in post-colonial settings. The issues studied here would be of interest to scholars from a range of different disciplines such as Law, Politics, Sociology and Anthropology. By examining the theory and practice of minority rights law in states such as Fiji and Papua New Guinea, alongside their more familiar neighbours Australia and New Zealand, this book makes a unique contribution in a region often ignored in the literature.

Religious Actors and International Law

Author: Ioana Cismas

Publisher: OUP Oxford

ISBN: 019102189X

Category: Law

Page: 440

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This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.

The Oxford Handbook of the History of International Law

Author: Bardo Fassbender,Anne Peters,Simone Peter

Publisher: OUP Oxford

ISBN: 019163252X

Category: Law

Page: 1272

View: 1967

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The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.

Minorities and Nationalism in Turkish Law

Author: Derya Bayir

Publisher: Routledge

ISBN: 1317095790

Category: Political Science

Page: 320

View: 9749

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Examining the on-going dilemma of the management of diversity in Turkey from a historical and legal perspective, this book argues that the state’s failure to accommodate ethno-religious diversity is attributable to the founding philosophy of Turkish nationalism and its heavy penetration into the socio-political and legal fibre of the country. It examines the articulation and influence of the founding principle in law and in the higher courts’ jurisprudence in relation to the concepts of nation, citizenship, and minorities. In so doing, it adopts a sceptical approach to the claim that Turkey has a civic nationalist state, not least on the grounds that the legal system is generously littered by references to the Turkish ethnie and to Sunni Islam. Also arguing that the nationalist stance of the Turkish state and legal system has created a legal discourse which is at odds with the justification of minority protection given in international law, this book demonstrates that a reconstruction of the founding philosophy of the state and the legal system is necessary, without which any solution to the dilemmas of managing diversity would be inadequate. Adopting an interdisciplinary approach, this timely book will interest those engaged in the fields of Middle Eastern, Islamic, Ottoman and Turkish studies, as well as those working on human rights and international law and nationalism.