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Borderlines in Private Law

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Lord Denning: Life, Law and Legacy



  


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Minorities, Minority Rights and Internal Self-Determination


ISBN13: 9783319088754
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £89.99



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The right to self-determination is a right of peoples- not of minorities. This classic idea of self-determination is questioned by examining the content of the right to self-determination and the content of minority rights. Self-determination has four dimensions: the political, the economic, the social and the cultural dimensions. Minorities have minority rights that touch on most aspects of life as a member of a minority. If there is an overlap between minority rights and the different dimensions of self-determination, the concept that the right to self-determination is only applicable to peoples loses credibility. No global and general conclusion is envisaged; there are restrictions in place. The project is limited to the European framework and is further restricted to classic minorities. The argument is based on a legitimacy and justice approach. The analysis in this project shows that some minority rights overlap with the different dimensions of internal self-determination. In short, classic minorities in Europe have a right to internal self-determination.

Subjects:
Human Rights and Civil Liberties
Contents:
Part I: Introduction.
The international relations framework.
Classic sources on minority rights and self-determination.
Non-state actors and non-binding instruments.
Legitimacy and justice.
Legitimacy and justice of non-binding instruments.

Part II: Minority rights.- Minority, people, nation.
Understanding self-determination.

Part III: Minority rights and internal self-determination.
Putting together the pieces.

Part IV: Conlucion.
Summary.