Peoples and Minorities in International Law

ISBN-13: 9780792323150 / Angielski / Twarda / 1993

Brolmann; Catherine Brlmann; Catherine Brolmann

Opis

The revival of group consciousness in Eastern European countries in the wake of the Cold War has put the protection of subnational groups high on the political agenda. The present book bears witness to the renewed interest in the legal position of subnational groups in international law. This book and the Conference, at which provisional versions of most of the contributions were presented, originate in perceived deficiencies of contemporary international law to protect subnational groups within a legal framework of which the principal subjects are states. Divided into three parts, the book commences with an analysis of the antagonistic relation between the right of peoples to self-determination and the right of states to territorial integrity, and the need to redefine these concepts in the post-Cold War era. The book continues with the highly controversial issue of the attribution of rights to subnational groups and the identification of subnational groups which would be entitled to such rights. The second part deals with the identification and protection of peoples and minorities at different levels of organization, viz. subnational, national and supranational. This part is followed by an analysis of the modes and means by which international obligations vis-a-vis subnational groups can be enforced. Not only the judicial means are considered, but also the justifiability of recourse to military means to the cause of subnational groups. This book not only provides an in-depth analysis of contemporary international law with respect to the protection of peoples and minorities, but also of the law as it is developing in the post-Cold War era.

Spis treści

Preface.
Table of Abbreviations.
Part One: Evolution. Postmodern Tribalism and the Right to Secession; T.M. Franck.
Postmodern Tribalism and the Right to Secession, Comments; R. Higgins.
Africa: Lost between Self-Determination and Uti Possidetis; J. Klabbers, R. Lefeber.
The Evolution of Minority Rights in International Law; N. Lerner.
The Evolution of Minority Rights in International Law, Comments; M. Nowak.
Third Generation Rights; J. Donnelly.
Part Two: Levels of Identification and Protection. The Emergence of New Minorities as a Result of Migration; R. Wolfrum.
The European Communities and its Minorities; B. de Witte.
Indigenous Peoples; C.M. Brölmann, M.Y.A. Zieck.
The Degree of Self-Rule in Unitarian and Federal States; Y. Dinstein.
Part Three: Means of Enforcement. Fact-Finding into the Problems of Minorities; B.G. Ramcharan.
The International Judicial Protection of Peoples and Minorities; A.M. de Zayas.
The Legitimacy of the Use of Force to Protect Peoples and Minorities; M. Bothe.
International Representation of Peoples and Minorities; A.C. Zoller.
The Position of the UNPO in the International Legal Order; M. van Walt van Praag.
The Second Amsterdam International Law Conference. Synthesis; H. Hannum.
Table and Index of Treaties and Other International Instruments.
Index.