By Nazila Ghanea-Hercock, Alexandra Xanthaki
The current quantity, in honour of Professor Patrick Thornberry, offers new pondering on minority and indigenous rights in overseas legislations. members to this 17 bankruptcy quantity comprise a magnificent variety of teachers, thinkers, practitioners and overseas civil servants with a couple of varied techniques to this advanced region. now not them all take a felony procedure, and this exploration merits from the diversity of frameworks utilised in contributing to the debatable zone of minority and indigenous rights. Debates that obtain realization during this quantity contain self-determination, definitional concerns, collective rights and rights to ordinary assets. different chapters get to the bottom of demanding situations that experience no longer attracted adequate consciousness up to now, similar to multiculturalism, integration, color as a floor for discrimination and the commercial and social rights of minorities. the quantity additionally appears significantly on the paintings of the realm financial institution, the African Union, the Council of Europe and the OSCE during this area. ultimately, case experiences spotlight the regrettable similarities within the anguish of teams in numerous components of the area in addition to the stark distinction among country claims and their real perform. The members are: Gudmundur Alfredsson, Michael Banton, Joshua Castellino, Erica-lrene A. Daes, Maria-Amor Estebanez, Nazila Ghanea, Geoff Gilbert, Bulent Gokay, Tom Hadden, Dominic McGoldrick, Timothy Murithi, John Packer, Chandra ok. Roy, Malcolm N. Shaw, Martin Scheinin, Sia Spiliopoulou Akermark, and Alexandra Xanthaki.
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Extra resources for Minorities, Peoples And Self-determination: Essays In Honour Of Patrick Thornberry
Kingsbury, ‘Reconstructing self-determination: A relational approach’ in P. Aikio and M. ) Operationalizing the right of indigenous peoples to self-determination (Turku/Abo:, Abo Akademi University, 2000) pp. 9-37. See M. Koskenniemi, ‘National Self-Determination today: Problems of Legal Theory and Practice’, 43 International and Comparative Law Quarterly (994) pp. 243-244. THE RIGHT TO SELF-DETERMINATION: MEANING AND SCOPE 23 not only made by states, that states are not the sole subjects of international law, and that human rights do not merely constitute part of the internal aﬀairs of states.
An example that highlights the argument is peoples’ claims for autonomous representation in international fora, especially in matters that aﬀect them, as part of their exercise of self-determination. This is an application of the external aspect of selfdetermination that has not yet been widely accepted as part of the right. If the right is understood by its applications, this claim will be rejected on the basis that it does not correspond to any of the existing applications of self-determination and thus, goes 52 53 G.
25. Stavenhagen (note 29) p. 7. THE RIGHT TO SELF-DETERMINATION: MEANING AND SCOPE 29 Peru’s statement on indigenous self-determination highlights this argument: …self-determination would not be national in character, rather it would have a cultural and social identity within a national formation. 69 By seemingly accepting the right, Peru clearly avoided any recognition of the politically sensitive scope of self-determination. Peru thereby disregards the real meaning of the right and this statement works to the detriment of indigenous self-determination.