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Justifications of Minority Protection in International Law
This volume examines minority protection in international law. Its task is twofold: to examine existing methods of minority protection, and to analyse the underlying justifications of minority protection as reflected in international legal standards and discourse. Part I outlines the theoretical framework; Part II addresses minority protection and its justifications in the League of Nations, the Council of Europe, the OSCE and the United Nations. Finally, the author argues that it is possible to develop a working holistic approach to minority protection combining protection of peace, human dignity and culture.
Towards Openly Multilingual Policies and Practices
This book investigates the maintenance of multilingualism and minority languages in 12 different minority communities across Europe, all of which are underrepresented in international minority language studies. The book presents a number of case studies covering a broad range of highly diverse minorities and languages with different historical and socio-political backgrounds. Despite current legislation and institutional and educational support, the authors surmise there is no guarantee for the maintenance of minority languages, suggesting changes in attitudes and language ideologies are the key to promoting true multilingualism. The book also introduces a new tool, the European Language Vitality Barometer, for assessing the maintenance of minority languages on the basis of survey data. The book is based on the European Language Diversity for All (ELDIA) research project which was funded by the European Commission (7th framework programme, 2010–2013).
Autonomy and Demilitarisation in International Law: The Åland Islands in a Changing Europe
The Åland Islands constitute a very special case in international law. This island territory under Finland's sovereignty has been demilitarised and neutralised for more than one hundred and forty years and autonomous for more than seventy years. In 1921 the Council of the League of Nations laid down international guarantees for the autonomy and the Swedish character of Åland, and a multilateral convention on Åland's demilitarisation and neutralisation was concluded in the same year. The convention is still in force and Åland's autonomy is firmly anchored in both customary international law and Finnish constitutional law. This volume is the first to comprehensively analyse Åland's international legal status. Coverage of its articles includes: analyses of the status and content of Åland's autonomy, military issues, and the relationship between Åland and the EU. The solution achieved for Åland may provide a valuable model of autonomy. This book is important not only for experts and students of international law, but for anyone concerned with territorial autonomy as a possible means for enhancing political rights of minorities.
Minority Governance in and beyond Europe
Minority Governance in and beyond Europe offers a review of contemporary developments in minority relations. The publication addresses normative and institutional developments in a pan-European context. It tackles the theoretical and practical implications of power-sharing; the dichotomy of ‘old’ and ‘new’ minorities; human rights violations; public institutions for minority protection and abating discrimination; theoretical reflections on minority activism; political participation of minorities; justifications of minority protection; the evolution of language rights, and minorities in relation to EU law. It offers a lens that provides the reader with a clearer understanding about academic thinking and indicates where political will is needed to advance the minority rights protection regime in the future. Compiled to celebrate the 10th anniversary of the European Yearbook of Minority Issues, and offering a selection of the most important articles published in the Yearbook, this collection will be of great interest to scholars, students and policy-makers engaging in minority-related activities and interested in multiethnicity and cultural pluralism in Europe
Ethnic Identity and Minority Protection
In Ethnic Identity and Minority Protection: Designation, Discrimination, and Brutalization, Thomas W. Simon examines a new framework for considering ethnic conflicts. In contrast to the more traditional theories of justice, Simon’s theory of injustice shifts focus away from group identity toward group harms, effectively making many problems, such as how to define minorities in international law, dramatically more manageable. Simon argues that instead of promoting legislative devices like proportional representation for minorities, it is more fruitful to seek adjudicative solutions to racial and ethnic-related conflicts. For example, resources could be shifted to quasi-judicial human-rights...
Minorities and Nationalism in Turkish Law
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 litter...
International Legal Argument in the Permanent Court of International Justice
The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.
International Approaches to Governing Ethnic Diversity
This book charts new territory by mapping the range of international actors who affect the governance of ethnic diversity and exploring their often contradictory roles and impacts.
