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Set opposed to prior levels of minority safeguard less than overseas legislation, this publication discusses the function of courts and court-like our bodies - rather within the Americas, Africa and Europe - in articulating and accommodating the pursuits and desires of ethno-cultural minority teams as a part of the human rights discourse. Conceptually, it exposes diversified moments of intervention via such our bodies related to the popularity of crew life or identification, the adjustment of human rights norms to house the group's views, the institution of strategies designed to deal with the complexities because of competing claims, and the growth of procedural avenues inside of litigation. the result's a clean comparative - functional and theoretical - point of view on overseas jurisprudence as an rising detailed part within the complicated historical past of the sector.
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Extra info for Minority Groups and Judicial Discourse in International Law (International Studies in Human Rights)
Saramaka as an illustration of judicial discourse We propose to consider judicial discourse through the prism of four basic jurisprudential dimensions, which will be referred to as recognition, elaboration, mediation, and access to justice. Conceptually, they expose different moments of judicial intervention that revolve around the legal acknowledgment of group existence or identity, the adjustment of human rights norms to accommodate the group’s perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation.
Alen, B. De Witte, & P. ), The Framework Convention for the Protection of National Minorities: a Useful Pan-European Instrument? (Antwerpen/Groningen/Oxford, 2008). ), Minority Protection and the Enlarged European Union: The Way Forward (Budapest, 2004). A. Moucheboeuf, Minority Rights Jurisprudence (Strasbourg, 2006); B. Bowring, ‘European Minority Protection: The Past and Future of a “Major Historical Achievement” ’ (2008) 15 International Journal on Minority and Group Rights, pp. ), Universal Minority Rights: A Commentary on the Jurisprudence of International Courts and Treaty Bodies (Oxford, 2007).
Armstrong, T. Farrell & H. Lambert, International Law and International Relations (Cambridge, 2007), pp. 155–156. , Chapters 3 and 5; C. ), The Politics of International Law (Cambridge, 2004); M. Koskenniemi, The Gentle Civilizer of Nations: The Rise and Fall of International Law 1870–1960 (Cambridge, 2001), Chapter 6.