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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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As If Peoples Mattered

Zelim SkurbatyDanish Center for Human Rights, Denmark

ISBN13: 9789041113429
ISBN: 9041113428
Published: June 2000
Publisher: Brill Academic Publishers
Format: Hardback
Price: £277.00



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The 21st century is an era of decline for the nation state and one of world-wide concern for the problems surrounding sub-state groups: minorities, peoples and indigenous populations. The often violent resurgence of conflicts between these groups and States - in even the stable democracies - poses a challenge to international law as well as to liberal political principles. In this volume, an expert in international minority rights provides clarification of the legal issues involved, and offers insights taken from a wide range of humanitarian disciplines: from philosophy and systems theory to neuro-linguistic programming (NLP) and transactional analysis (TA).;The result is an exploration from a variety of perspectives of the terms ""peoples"" and ""minorities"" in international law as well as relationships between minorities, peoples and indigenous rights, individuation and self-determination.

Contents:
Part 1 The problematique: introductory reflections; corpus juris - the crystallization of concepts and the codification of standards relevant to international ""minority rights""; test case for international human and ""minority rights"" - Chechnya, world order and the ""right to be left alone"".
Part 2 The critique: the twilight of state sovereignty - ""great expectations""; peoples and self-determination - erasing the mark with a skull and cross-bones; coming to grips with a ""legitimate minority"" - backward in coming forward.
Part 3 The diagnostics: ""games played with peoples"" - trading off the insecurity of future gains against the ""security"" of present pains.
Part 4 The resolutique: beyond games; from ""sovereignty"" to equality, from ""nation states"" to ""fully functioning groups"" via individuation. Appendices: flow charts I-VI.