This is a study of the current problems of mass expulsion. Throughout the book, the author searches for the distinctive features of this practice and constantly juxtaposes international law and practice. Discussion about the international legal standards is illustrated by examples of recent cases of mass expulsion. The book deals with mass expulsion of aliens, migrant workers, refugees, nationals and stateless persons. Indirect mass expulsion through refugee general policies and population exchanges is also studied on the basis of recent examples. The final chapters deal with mass expulsion...

This work disccusses aspects of topics such as: property rights; the freedom of expression for commercial actors; the principle of government openness; the right to vote and to be elected; freedom of movement; social rights as general principles of Community Law; workers' rights of participation; family rights and the position of women in the family; expulsion and extradition in and from the EU; the protection of minorities; the protection of cultural heritage; foreign policy and extraterritoriality. How does judicial protection under Union Law compare with standards of protection under the...

In November 1991 the EC acceded as a member of the FAO. On January 1, 1995 the EC became an original member to the WTO. This study deals with the interaction of two legal systems, namely between the legal system of the Community and that of other IOs. The more powers the Community gains, the more important it becomes to enable the Community to exercise these powers within the framework of relevant IOs. In particular, where the subject concerned comes under the Community's exclusive competence, the Member States have transferred their powers to the Community and thus the competent actor is the...

One of the most vexing issues in many of the world's so-called ethnic or minority conflicts is the question of language use by the State and its citizens. While international and national law has traditionally viewed language preference to be within a State's prerogative - at least when involving governmental activities and machinery - this position has proved to be a continuous source of acrimony and conflict, and wrong in some respects. Language, Minorities, and Human Rights is the most complete book ever written on the topic, providing for the first time an analysis of every...

The title of this volume is the critical and provocative question - do we need minority rights? - in order to announce that it does make sense to ask whether there are special obligations to minority protection. The following essays, none of which is published elsewhere, explore several of the many important philosophical questions about minority protection, as well as the practical and judicial problems related to certain answers. The first four essays concern minority rights within the theory of liberalism, while the last four focus on more detailed problems of minority protection.

The field of international human rights has been one of the most prominent and dynamic areas of public international law in recent decades. At the same time the law of state immunity, albeit less prominent, has also been subjected to a process of dynamic change. The principle of absolute immunity of states from the adjudicatory jurisdiction of foreign states has been replaced by a restrictive concept under which foreign states can be sued under certain circumstances. The violation of fundamental human rights by foreign states is, however, still widely regarded as immunity- protected conduct,...

The United Nations is no more than a very modest element in the whole complex body of institutions which form the structure of international relations. It may thus appear surprising that this organization should have been, and can still be, the object of such enthusiasm and such hate - of such admiration and such derision - and that the most contradictory opinions should daily be expressed on what it does, on its operation and its effectiveness, and on the steps which should be taken for its reform. It is impossible to understand this paradoxical situation without analyzing the...

The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate...

Violence and other human rights abuses continue to force desperate people to migrate in search of protection. Yet because the political and economic reasons that induced an historical openness to the arrival of refugees have largely withered away, there is no longer a guarantee that any state will be prepared to receive these involuntary migrants. Governments of both North and South are withdrawing from the international legal duty to provide potentially indefinite protection to any and all refugees who arrive at their borders. The challenge is to reconceive refugee protection in a way that...