Foreign International Law

Download e-book for iPad: Democracy, Minorities and International Law by Steven Wheatley

By Steven Wheatley

ISBN-10: 0511584334

ISBN-13: 9780511584336

ISBN-10: 0521848989

ISBN-13: 9780521848985

This paintings explores the contribution that overseas legislation may perhaps make to the answer of tradition conflicts--political disputes among the individuals of other ethno-cultural groups--in democratic States. foreign legislation acknowledges that people belonging to minorities have the ideal to get pleasure from their very own tradition and peoples have definitely the right to self-determination with no detailing how those rules are to be enforce. The emergence of democracy as a felony legal responsibility of States allows the foreign neighborhood to predicament itself with either the technique and substance of 'democratic' judgements relating ethno-cultural teams.

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Extra resources for Democracy, Minorities and International Law

Example text

140, para. ’ 26 DEMOCRACY, MINORITIES AND INTERNATIONAL LAW application of Article 27, and no reading of the International Covenant can support such a restrictive understanding. ‘Ethnic’, ‘religious’ and ‘linguistic’ minorities The personal scope of application of Article 27 concerns persons belonging to ethnic, religious or linguistic minorities. 120 There may be questions concerning the distinction between languages and dialects,121 and controversies regarding the emergence of new religious movements,122 but language and religion are generally regarded as the more objective signifiers of group difference.

Forms of traditional culture include language, literature, music, dance, games, mythology, rituals, customs, handicrafts, architecture and other arts: see UNESCO Recommendation on the Safeguarding of Traditional Culture and Folklore, adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization, 15 November 1989, para. A. See also UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage, adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization, 17 October 2003.

In later writings, Packer makes clear that he is concerned with issues concerning human dignity and individual identity, and not all ‘minorities’ in a democratic State: John Packer, ‘Problems in defining minorities’, p. 272. Cf. ), Minority and group rights in the new millennium (The Hague: Martinus Nijhoff, 1999), p. 25. 113 Minorities exist, however, in States that cannot be regarded as democratic, and where the principle of majority rule is not recognised. 117 Article 27 refers to ‘persons’ belonging to minorities.

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Democracy, Minorities and International Law by Steven Wheatley


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