Steven Wheatley's Democracy, Minorities and International Law PDF

By Steven Wheatley

ISBN-10: 0511584334

ISBN-13: 9780511584336

ISBN-10: 0521848989

ISBN-13: 9780521848985

This paintings explores the contribution that overseas legislations could make to the answer of tradition conflicts--political disputes among the participants of alternative ethno-cultural groups--in democratic States. overseas legislation acknowledges that people belonging to minorities have the ideal to take pleasure in their very own tradition and peoples have the precise to self-determination with out detailing how those ideas are to be implement. The emergence of democracy as a felony legal responsibility of States allows the overseas group to problem itself with either the strategy and substance of 'democratic' judgements referring to ethno-cultural teams.

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20 Article 19, ibid. 21 Article 20(1), ibid. 22 Article 26(3), ibid. Article 27(1), ibid. A proposal to include the following ‘minorities’ clause was rejected: ‘In States inhabited by a substantial number of persons of a race, language or religion other than those of the majority of the population, persons belonging to such ethnic, linguistic or religious minorities shall have the right, as far as compatible with public order and security to establish and maintain schools and cultural or religious institutions and to use their own language in the Press, in public assembly and before the courts and other authorities of the State’.

Differences of religion, creed or confession shall not prejudice any Polish national in matters relating to the enjoyment of civil or political rights, as for instance admission to public employments, functions and honours, or the exercise of professions and industries’: Article 7, ibid. Article 7, ibid. 14 Article 8, ibid. 16 The United Nations Charter makes no specific mention of minorities. 24 According to the General Assembly, it was considered ‘difficult to adopt a uniform solution of this complex and delicate question, which has special aspects in each State in which it arises’.

7 2 3 4 5 6 7 Patrick Thornberry, International law and the rights of minorities (Oxford: Clarendon Press, 1991), p. 25. See generally chapter 2, ibid. Nathaniel Berman, ‘‘‘But the alternative is despair’’: European nationalism and the modernist renewal of international law’ (1993) 106 Harvard Law Review 1792, 1822. The League of Nations minorities regime concerned treaties concluded between the Principal Allied Powers and Poland, Austria, the Serb-Croat-Slovene State, Czechoslovakia, Bulgaria, Romania (all 1919) and Hungary (1920); a treaty on the protection of minorities in Greece (1920), treaties between Poland and Danzig on the minorities in the Free City of Danzig (1920), and between Sweden and Finland on the preservation of Swedish traditions in the Aaland Islands (1921); declarations made to the League concerning minorities, respectively by Albania (1921), Lithuania (1922), Latvia (1923), Estonia (1923) and Iraq (1932); a German–Polish convention relating to Upper Silesia (1922), a treaty of peace regarding the protection of minorities in Turkey and Greece (1923), and a convention concerning minorities in the territory of Memel (1934).

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Democracy, Minorities and International Law by Steven Wheatley

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