Minorities in international law. An introductory study

Book abstract:

This book focuses on the question of minorities in international law since the disintegration of communism and the end of the Cold War in the 1990s. The issue of governing minorities and protecting their rights has become particularly urgent in this period, largely due to the increase in ethnic and regional tensions generated by these historic upheavals. However, despite the considerable progress made by the Council of Europe in this very problematic area, the book begins by pointing out the flaws in the council's documents and implementation, as well as by noting that some states still do not endorse all of its policies.

Divided into three parts and eleven chapters, the work begins in part A by clarifying the minorities problem and putting it in context, before chapter one provides a survey of the background and historical perspective since the League of Nations and the Second World War. In chapter two, on human rights, minority rights and peoples' rights, there is work on philosophical and legal questions, protection, extra-legal justifications and the conflict between individual versus group or collective rights, amongst other things, and chapter three deals with defining the 'minority', in terms of scope, options, and new definitions. In part B, on the entitlements available to minorities, there is research, for example, on protections against homicide, equality and non-discrimination, while chapters five, six and seven look at the complex issue of identity, in respect of individual rights, the indigenous peoples problem, limitations, the relationship to international customary law and substantive provisions etc. Chapter eight turns to the notion of state sovereignty and self-determination, chapter nine contains an evaluation of special treaties and their modern role, like those of Vienna, Versailles and the post-First World War/post-Second World War periods, and chapter ten explores procedures, prevention and the development of possible further action. Chapter eleven concludes the work with a discussion which uses specific instances from specific countries, like German-speaking minorities in Italy, the so called 'Hungarian approach' and the Northern Ireland Peace Agreement.

The book is aimed at all those involved in minorities issues and international law, including scholars, students, practitioners, journalists, and non-governmental organisations.

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