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This volume presents new thinking on minority and indigenous rights in international law. Debates that receive attention in this volume include self-determination, definitional issues, collective rights and rights to natural resources. Other chapters unravel challenges that have not attracted sufficient attention to date, such as multiculturalism, integration, colour as a ground for discrimination and the economic and social rights of minorities. The volume also looks critically at the work of the World Bank, the African Union, the Council of Europe and the OSCE in this arena. Finally, case studies highlight the regrettable similarities in the suffering of groups in different parts of the world as well as the stark contrast between state claims and their actual practice.
This collection of essays examines the legal regime in the post-Cold War era which has developed in response to the demands of ethnic, racial & religious groups in Europe. In essence this volume seeks to examine the 'old' problem of national minorities in the 'new' Europe. The essays examine the response of the main institutions within Europe (i.e. the Council of Europe, OSCE & European Union), the increasing recourse of states to bilateral arrangements, the developing content of minority rights, the challenges posed by state-building & the resolution of conflicts involving national minorities. Particular issues considered include the minorities situation in the Former Yugoslavia, the situat...
This publication discusses the main standards and mechanisms created by the Council of Europe and other international organisations to protect the rights of minorities in Europe, including key legal instruments such as the European Convention on Human Rights, the Framework Convention for the Protection of National Minorities, and the European Charter for Regional and Minority Languages. It reviews the monitoring activities in various Council of Europe member and non-member states, both prior to their accession and in their post-accession phase. The publication also includes a detailed examination of the case of the Roma/Gypsies, a specific minority without a 'kin state'.
The Organisation for Security and Co-operation in Europe (OSCE) and the Council of Europe, guided by the same values and with similar goals and sharing similar challenges, have co-operated to produce this compilation of texts addressing national minority issues. The aim of this book is to highlight the standards developed for national minorities and to make them blown to everyone, including civil society and the authorities directly concerned.
The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971 - is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials, relating to Israel and the Administered Areas, which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). Volume 26 contains amongst others articles on The Essence of Democracy; Democracy in International Relations; The Threats to Democracy; and Democracy in Israel and the Palestinian Authority.
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.
This book provides a detailed assessment of the first 15 years of the European Commission against Racism and Intolerance. ECRI's terms of reference deriving from the Vienna Plan of Action were to "review member States' legislation, policies and other measures to combat racism, xenophobia, antisemitism and intolerance, and their effectiveness" and "propose further action at local, national and European level". This book examines how ECRI has developed and fulfilled this mandate.It begins by looking at ECRI's foundational years, which were pivotal to its future character, approach, working methods and activities. It then describes and closely examines the evolution of the three main prongs of ...
This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal languages, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopedic in scope, the handbook includes chapters written by experts from every continent who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.