Set opposed to earlier phases of minority defense below foreign legislations, this e-book discusses the position of courts and court-like our bodies - relatively within the Americas, Africa and Europe - in articulating and accommodating the pursuits and wishes of ethno-cultural minority teams as a part of the human rights discourse. Conceptually, it exposes various moments of intervention through such our bodies regarding the popularity of crew lifestyles or id, the adjustment of human rights norms to house the group's views, the institution of procedures designed to deal with the complexities because of competing claims, and the growth of procedural avenues inside litigation. the result's a clean comparative - sensible and theoretical - point of view on overseas jurisprudence as an rising detailed part within the complicated historical past of the sphere.
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Additional info for Minority Groups and Judicial Discourse in International Law (International Studies in Human Rights)
Pentassuglia, ‘International Law and Institutions’, in R. ), The State of the World’s Minorities 2006 (London, 2006), p. 27 et seq. General Assembly Resolution 55/2. A/59/565. General Assembly Resolution 60/1. A/59/2005. 10 Chapter 1 ‘the rights, interests and “voice” of minorities’; ‘real democracy is absent’– it is stated – if these rights and other basic freedoms are denied. Thus, the most veritable mantra ever since the UN started intensifying work on minority groups in the post-Cold War era has been re-stated, namely the need to protect such groups as a fundamental way of responding to human rights and conflict prevention concerns.
Conforti, ‘The Role of the Judge in International Law’ (2007) 1 European Journal of Legal Studies, p. -M. Dupuy, ‘The Unity of Application of International Law at the Global Level and the Responsibility of Judges’, ibid. -M. Slaughter, A New World Order (Princeton, 2004), pp. 79–81. Introduction 15 Having in mind geographical areas as diverse as Western and Eastern Europe, Latin America, Africa and Asia, we will assess the arguments that are reflected in that discourse to articulate minority issues and what they tell us about the (judicially-generated) role of international human rights law in addressing ethno-cultural diversity.
B. Kingsbury, ‘Reconciling Five Competing Conceptual Structures of Indigenous Peoples’ Claims in International and Comparative Law’ (2001) 34 New York University Journal of International Law and Politics, p. ; E. Benvenisti, ‘National Courts and the International Law on Minority Rights’ (1997) 2 Austrian Review of International and European Law, p. ; M. Scheinin, ‘The Right to Enjoy a Distinct Culture: Indigenous and Competing Uses of Land’, in T. S. Orlin, A. Rosas & M. ), The Jurisprudence of Human Rights Law: A Comparative Interpretive Approach (Turku/Åbo, 2000), p.