Managing Babel : the international legal protection of minorities in the twentieth century /
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| Author / Creator: | Thio, Li-ann. |
|---|---|
| Imprint: | Leiden ; Boston : Martinus Nijhoff Publishers, c2005. |
| Description: | xxxiii, 360 p. ; 25 cm. |
| Language: | English |
| Series: | International studies in human rights ; v. 81 |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/5575217 |
Table of Contents:
- Foreword
- Acknowledgments
- Table of Agreements, Charters, Committees, Conventions, Declarations, Resolutions, Recommendations, and Treaties
- Table of Cases
- List of Acronyms and Abbreviations
- Introduction
- 1. The International Legal Protection of Minorities in the Twentieth Century: A Preliminary Orientation
- I. The Question of Definition: Identifying the Beneficiaries of the International Law on the Protection of Minorities
- A. Problems Associated with Identifying 'Minorities' as a Non-State Community in International Law
- B. The Meaning of 'Minorities' for the Purposes of International Law
- C. Conclusion
- II. Methods of Minority Protection
- A. The Nature of Minority Rights: Individual or Collective
- B. Typology of Minority Protection
- III. Pre 20th Century Approaches towards the International Legal Protection of Minorities
- A. Origins: The Protection of Religious Minorities in Europe
- B. Approaches towards Minority Protection outside Europe
- C. Minority Protection and the 'Public Law of Europe' in the 19th Century
- 2. The Inter-war Era & the First Institutional Attempt at the International Regulation of the Problem of Minorities
- I. Setting the Context: The Minorities Regime as a Facet of the Post-War Versailles Peace Settlement
- A. Addressing the Nationalist Challenge at Versailles
- B. The Principle of National Self-Determination at the Paris Peace Conference
- C. The Challenge of the Interwar Legal Framework to Statist Positivism: A "New" International Law?
- D. Possible Fault-lines in the Versailles Settlement which could be exploited by Nationalist Sentiment
- II. The Problem of National Minorities and its Impact on the Identification of the Beneficiaries of the Minorities Regime
- A. The Particular Character of the Minorities Regime
- B. Cultural Bias and Different Approaches Towards Minorities Issues
- C. The Understanding of the Nature of 'Minorities' During the League Era
- D. Identifying the Beneficiaries: Individuals or Groups?
- E. Challenges to the Narrowness of the Definition
- III. The Institutional Framework of the Minorities Regime
- A. The Basis and Status of the League Minorities Regime
- B. The Nature of the Institutional Guarantee
- C. The League Institutions Overseeing Minorities Issues
- C. The Substance of Minority Rights and the Role of the Government
- IV. The Operation of the Minorities Regime
- A. Managing the Interests of Minority States, Minorities and the International Community
- B. Operational Principles: The Impersonal Approach
- C. The Conciliatory Ethos & the Guardianship of Minorities
- D. Avoiding the Imputation of a Judicial Character to the Examination of Petitions
- E. The Issue of Publicity
- F. Attitudes towards the Petitions Procedure?
- V. Evaluating the Minorities Regime: A Remarkable but Doomed Experiment?
- A. The Death of the League Minorities Regime
- B. The Instability in the Peace Settlements and the Subversion of the Minorities System
- C. Contributions of the Inter-war Era
- 3. The End of the 'Remarkable Experiment': Approaches towards Minority Protection in the Aftermath of World War Two
- I. Minorities Issues at the Peace Conference: A Low Profile
- A. The Problem of Nationalities and the Post-War Retreat of Multilateral Initiatives
- II. Minorities' Issues and the Founding of the United Nations Organisation
- A. From Dumbarton Oaks to San Francisco: The Push for a Commitment to Human Rights
- B. The United Nations Charter & the Human Rights Focus
- C. The Minorities Issue: Carving an Early Institutional Niche
- D. The Failed International Engagement over Palestine
- III. The Ad hoc Inclusion of 'Special Measures' for Minorities Protection in Peace Treaties after 1947
- A. Mode of Enforcement
- B. Content: Special Protective Measures Beyond Prohibitions against Discrimination
- IV. Conclusion
- 4. The Submergence and Gradual Reemergence of Minorities Issues within the United Nations Human Rights Regime 1945-1989
- I. Institutional Framework within which Minority Issues Were Addressed
- A. Parent-Child Tensions: The Relationship between the Commission of Human Rights and the Sub-Commission for the Prevention of Discrimination and the Protection of Minorities
- II. A Cautious, Minimalist Approach towards the Protection of Minorities
- A. The Elaboration of Human Rights Standards & The Reticence Towards Minority Rights
- B. The 1966 International Covenants: Article 27 as the Sole Conventional Minorities Clause
- C. Beyond the International Bill of Rights: General Human Rights Instruments affording Indirect Protection to Minorities
- III. Approaches towards the Definition of Minorities
- A. Clarifying the Mandate of the SCPDPM: A Conservative Bent
- B. 'Minorities' for the Purposes of Conventional Obligations
- IV. Concluding Observations
- 5. The Revival in Minorities Issues within the United Nations (1989-2000): Approaches towards Substance and Definition
- I. Refocusing on Minority Protection: The Sub-Commission for the Prevention of Discrimination and the Protection of Minorities
- A. The Turn Towards Pragmatic Problem Solving: Mapping out a Plan of Action
- II. The 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
- A. The Normative Framework of the 1992 Declaration
- B. The Substantive Content of the 1992 Declaration
- C. Evaluating the Declaration
- III. Attitudes towards Definition
- A. The Absence of a Definition in the 1992 Minorities Declaration
- B. The Role of Personal Choice in Identifying Minority Members
- C. Approaches Adopted within the Working Group on Minorities
- IV. Conclusion
- 6. The Implementation of Minority Rights within the United Nations Human Rights Regime
- I. Charter-Based Bodies and the Implementation of the Human Rights of Minorities
- A. The Monitoring Procedures of Politically Controlled Bodies
- II. The UN Minorities Declaration, the Working Group on Minorities and the Implementation of Minority Rights
- A. Creating a Focal Point: The Working Group on Minorities
- B. The Mandate & Perceived Role of the Working Group on Minorities
- C. The Operation of the Working Group on Minorities
- D. Assessing the Work of the Working Group on Minorities
- III. Treaty Based Bodies and the Implementation of Minority Rights
- A. Mode of Implementation by Independent Monitoring Bodies
- B. The Nature of State Obligations in relation to Minority-Related Provisions
- C. Minority Concerns in Relation to Language
- D. Minority Concerns in Relation to Religion
- E. Minorities and the Right to Culture
- F. Other Covenant Articles Invoked to Provide Some Degree of Minority Protection
- G. The Relationship between Article 27 and Other Covenant Provisions
- H. The Economic and Social Rights of Minorities
- I. The Question of Identification of Treaty Beneficiaries with respect to Minority-Related Provisions
- J. The Human Rights Committee and Remedies
- IV. Conclusion
- 7. Concluding Observations
- I. The Enduring Minority Problem, Conflict Prevention & Human Rights
- II. The 20th Century Experiment in Retrospect
- III. A Brief Overview of the Parallel History of Regional Minority Protection Practice
- A. A European Problem? Redressing the Eurocentric Focus on Minorities Issues
- B. Overview of Regional Human Rights Systems and Minority Protection
- C. The Absence of Express Minorities Clauses from Regional Human Rights Instruments after World War Two
- D. The Practice of Quasi-Judicial Bodies and Courts
- E. Human and Group Rights: Accelerated Standard-Setting and the Establishment of Monitoring Bodies after the Cold War
- F. Institutional Policy and Promoting the Protection of Minorities
- G. Building Institutions: Monitoring and Conflict Prevention
- H. Summary on Regional Minority Protection Practice
- IV. Conclusion: Between Hope and Despair
- Appendix A. Treaty between the Principal Allied and Associated Powers and Poland
- Appendix B. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
- Appendix C. Approaches towards the Definition of Minorities and Related Groups by UN Bodies
- 1. Francesco Capotorti: Proposed Definition of 'Minorities' within the Context of Article 27, ICCPR: Study on the Rights of Persons Belonging to Ethnic, Religious and Linguistic Minorities (1979) E/CN.4/Sub.2/384/Rev.1
- 2. Jose Martinez-Cobo, Study of the Problem of Discrimination against Indigenous Populations: C/CN.4/Sub.2/186/7; Add.1(Vol.2), para. 379 (1987)
- 3. Jules Deschenes, Proposal Concerning a Definition of the Term 'Minority' E/CN.4/Sub.2/1985/31, 14 May 1985 at 30
- 4. Asbjorn Eide, Working Definition on Minorities, Possible Ways and Means of Facilitating the Peaceful and Constructive Solution of Problems Involving Minorities, E/CN.4/Sub.2/1993/34, 10 August 1993, SCPDPM (45th Session), para 29
- 5. Stanislav Chernichenko, Definition of Minorities, E/CN.4/Sub.2/AC.5/1997/ WP.1, 2 April 1997: Annex: Minorities - A Working Definition
- 6. Asbjorn Eide & Erica Irene Daes, Working Paper on the Relationship and Distinction between the Rights of Persons Belonging to Minorities and Those of Indigenous Peoples, Sub-Commission on the Promotion and Protection of Human Rights (52nd Sess.) E/CN.4/Sub.2/2000/10
- Appendix D. Draft Minority Protection Clauses
- I. Proposals for Inclusion in the Declaration of Human Rights
- II. Proposals for a Minority Protection Clause for the Covenant of Human Rights
- Select Bibliography
- Index
