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Global Minority Rights - Product Image

Global Minority Rights

  • Published: January 2012
  • Region: Global
  • 656 Pages
  • Ashgate Publishing

This important volume brings together a range of material in different areas of law and the social sciences that address questions concerning the rights of minorities. The discipline is arguably one of the oldest branches of public international law, and owes its heritage to those who struggled to create standards to protect the numerically inferior and non-dominant communities from the excesses of the majority. While reflecting this rich heritage, the works contained in this volume show the extent to which policy constructs (especially in law) have begun to pay heed to the need to include minorities in different domestic settings across the globe.

To provide readers with a structured approach to understanding global minority rights law the editor divides the issues into six main headings, namely: Historical Development; Conceptual Development; Contemporary Challenges; Fundamental Norms of Minority Protection; Specific Rights of Minorities; Human Rights and Minority Rights.

Introduction

Part I Historical Development of Minority Rights Law

Historical background: international law moves from protection of particular groups to norms of a universal character, Patrick Thornberry

Minorities and the League of Nations in interwar Europe, Mark Mazower

The internationalization of minority rights, Will Kymlicka

Part II Conceptual Development of Minority Rights Law

The bases of minority identity, Philip Vuciri Ramaga

To bellow like a cow: women, ethnicity and the discourse of rights, Radhika Coomaraswamy

The idea of human rights as perceived in the Ottoman empire, Berdal Aral

Part III Contemporary Challenges of Minority Rights Law

The headscarf affair: the Conseil d'Etat on the role of religion and culture in French society, Elisa T. Beller

Tiptoeing through a constitutional minefield: the great Sharia controversy in Nigeria, Andrew Ubaka Iwobi

The new economic policy and interethnic relations in Malaysia, Jomo K.S.

Part IV Fundamental Norms in the Protection of Minorities

Merit principles, Christopher McCrudden

Reversing discrimination, Sandra Fredman

Comprehensive examination of thematic issues relating to the elimination of racial discrimination: the concept and practice of affirmative action, Marc Bossyut

Part V Specific Rights of Minorities

The emerging right to democratic governance, Thomas M. Franck

Justice and reparations, Howard McGary Jr

Multiculturalism and minority rights: West and East, Will Kymlicka

Equality and non-discrimination: fundamental principles of minority language rights, Fernand de Varennes

Part VI Human Rights Law and Minority Rights Law

A critical evaluation of international human rights approaches to racism, Kevin Boyle and Anneliese Baldaccini

Reinforcing marginalized rights in an age of globalization: international mechanisms, non-state actors, and the struggle for peoples' rights in Africa, J. Oloka-Onyango

'Righting', restructuring, and rejuvenating the postcolonial African state: the case for the establishment of an AU Special Commission on National Minorities, Obiora Chinedu Okafor

Minorities, poverty and the millennium development goals: assessing global issues, Gay McDougall

Name index

About the Editor:

Joshua Castellino is Professor of Law and Head of the Law Department at Middlesex University, London, and Adjunct Professor of Law at the Irish Centre for Human Rights, Galway, Ireland. He has held visiting academic positions in Ireland, Spain, Hungary and Italy. He has authored five books in international law and human rights law, on a range of subjects including self-determination, title to territory and indigenous peoples rights. He regularly engages with multilateral organisations such as the United Nations and the Council of Europe and with Law Societies and NGOs in Europe, Asia, the Middle East and Latin America, on issues of human rights advocacy and public international law.

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