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Resolving Claims to Self-Determination
Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future ...
Deviant Conduct in World Politics
A long list of countries - labelled outcasts, pariahs and rogues - have failed to meet international standards of good conduct. In the Cold War years Rhodesia, Israel, Chile, Taiwan and South Africa, among others, featured among the ranks of the disreputable. In modern world politics, the serious sinners not only include states: terrorists, rebels, criminals and mercenaries also participate in the great game of who gets what, when and how. Highlighting the rules of good behaviour that both state and non-state actors have violated, Geldenhuys takes a novel approach that breaks through the narrow parameters of the rogue state paradigm and of other state-centric perspectives.
Regulating the Use of Force in International Law
This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence. It examines these rules as they apply to developing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations.
The Framework Convention for the Protection of National Minorities
The Framework Convention for the Protection of National Minorities: A Commentary, edited by Rainer Hofmann, Tove H. Malloy and Detlev Rein, presents an updated article-by-article assessment of the monitoring of the Convention’s implementation. The Convention was opened for signature in 1995 and entered into force on 1 February 1998. Within a very short period of time, it was ratified by 39 Council of Europe member states, and it constitutes the first (and only) international treaty establishing legally binding obligations concerning the rights of persons belonging to national minorities. In this volume, the monitoring of the Convention is assessed by eminent experts in the field of minority protection. They survey the scope of application as interpreted by the Advisory Committee during the first four cycles of monitoring by analyzing its approach and offering their individual assessments of potential improvements. The volume thus updates and augments previous assessments.
Prohibited Force
Prohibited 'use of force' under article 2(4) of the UN Charter and customary international law has until now not been clearly defined, despite its central importance in the international legal order and for international peace and security. This book accordingly offers an original framework to identify prohibited uses of force, including those that use emerging technology or take place in newer military domains such as outer space. In doing so, Erin Pobjie explains the emergence of the customary prohibition of the use of force and its relationship with article 2(4) and identifies the elements of a prohibited 'use of force'. In a major contribution to the scholarship, the book proposes a framework that defines a 'use of force' in international law and applies this framework to illustrative case studies to demonstrate its usefulness as a tool for legal scholars, practitioners and students. This title is also available as Open Access on Cambridge Core.
Human Rights and Minority Rights in the European Union
The end of the Cold War has ushered a restructuring of the institutions of the European Community, culminating into its enlargement to Eastern Europe, under the aegis of economic integration, democracy and human rights. This book examines the development and the role of human rights in the European Union, from its inception as an economic co-operation project to an organisation of European States with a political agenda that goes beyond its borders. It argues that human rights have become an important component of the foreign policy of the European Union and that this role has grown from the inception of the Union through the Cold War and thereafter onto the process of enlargement of the Union. The book goes on to analyse the EU’s policy on minorities, as a particular example of human rights. It considers the level of their protection within the EU and the framework of international law, and compares minority rights in the older Member States including France, Germany and the UK, with newer Eastern European states.
Current Law Index
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International Minority Rights Law and its Impact on Kinstate Minorities in the Area of Education
Master's Thesis from the year 2013 in the subject Politics - Region: Western Europe, grade: 1.7, University of Flensburg (European Studies), language: English, abstract: The Council of Europe created the first legally binding international treaty for national minorities in Europe for language rights called the European Charter for Regional and Minority Languages (ECRML) in 1992. Little is discussed in academia about its effects concerning kinstate minorities who are already protected due to state legislation and unilateral or bilateral agreements. This thesis examined the ECRML and its impact in the context of language education rights concerning the Danish and German minorities living in the Schleswig border region. Using content analysis and interviews with stakeholders, it was found that it helped re-enforce and re-assure minority language rights, created formalization in the area of language education rights, re-instating funding equality, raised awareness in minority education issues to the governments involved and re-instated funding equality in the area.
