In the 20th century, several important developments took place in the field of the regional and international protection of minorities and indigenous peoples. This book discusses the consequences of these developments for the position of minorities and indigenous peoples in international law. Based on the concept of international personality as formulated by the International Court of Justice in the Reparation for Injuries case, a scale is developed which enables us to determine the position of minorities and indigenous peoples in international law.
As far as minorities are concerned, it turns out that the obstacles on their road to international personality are of a political rather than of a sociological or juridical nature. In other words, minorities as such could be bearers of rights and duties if only the international legal order would allow them to.
Compared with minorities, a position for indigenous peoples in international law is much more accepted by the international legal order. As the recent establishment of the UN Permanent Forum on Indigenous Issues shows, indigenous peoples are increasingly recognised as actors in the international realm.
The divergence between the positions of minorities and indigenous peoples is evident and can, to a certain extent, be explained. But can it also be justified?
Chapter I. Areas of Tension Concerning the Sovereignty of States (p. 1)
Chapter II. Elements of International Personality (p. 23)
Chapter III. The Factual Existence of Minorities and lndigenous Peoples and Their Legal Capacity (p. 65)
Chapter IV. Minorities and lndigenous Peoples as Subjects of International Law (p. 121)
Chapter V. Minorities, lndigenous Peoples, and Their Competence to Bring an International Claim - Jus Standi (p. 175)
Chapter VI. Minorities, lndigenous Peoples, and lnternational Personality: Conclusions (p. 215)
The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.
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Editorial Board: Prof. dr. Antoine Buyse (Utrecht University), Prof. dr. Fons Coomans (Maastricht University), Prof. dr. Yvonne Donders (Chair - University of Amsterdam), Dr. Antenor Hallo de Wolf (University of Groningen), Prof. dr. Kristin Henrard (Erasmus University Rotterdam), Prof. dr. Nicola Jägers (Tilburg University), Prof. Titia Loenen (Leiden University) Prof. dr. Janne Nijman (T.M.C. Asser Instituut) and Prof. dr. Brigit Toebes (University of Groningen).
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