bluuebunny/crossref_metadata_2025 huggingface dataset:
Legal Pluralism in the Comoros and Djibouti
Authors:   Bogdan
Published: November 2003

The article deals with the mixture of French, Moslem, and customary legal traditions constituting the legal systems of the Comoros and Djibouti. They are both extremely small jurisdictions in terms of legal resources and depend to a large extent on foreign legal models. They provide an example of how such jurisdictions may combine Western legal thinking with deeply rooted principles of Islamic law.
Panu Minkkinnen: Thinking without Desire. A First Philosophy of Law
Authors:   Zahle
Published: November 2003

No Abstract
Joanne Gowa, Ballots and Bullets: The Elusive Democratic Peace
Authors:   Klabbers
Published: November 2003

No Abstract
A Discussion of the Pinochet Case (House of Lords Decision of 24 March 1999) Noting the Juxtaposition of International Relations and International Law Perspectives
Authors:   Swain
Published: November 2003

This article examines in detail the decision of the House of Lords in the Pinochet case (handed down 24 March 1999) and seeks to discuss the relevance of the decision in international law and international relations perspectives. The case is a focal point for discussing the current importance of two themes at the international level. Firstly, the relationship between the concepts of state sovereignty and human rights. Secondly, the nexus between international law and international relations theory.
Reception Conditions for Asylum Seekers in Europe: An Analysis of Provisions in Austria, Belgium, France, Germany and the United Kingdom
Authors:   Bank
Published: November 2003

As a part of what may be characterised as challenges posed to welfare state systems by globalisation processes, growing numbers of asylum applications have made the access of asylum seekers to welfare state benefits an important issue. Thanks to the new EC competencies introduced by the Treaty of Amsterdam as Title IV of the EC Treaty, the situation accorded to asylum seekers after arrival and during the time while their claim is being processed will soon constitute an important issue on the European level. The discussion and the rules to emerge will be influenced on the one hand by standards derived from international law (in particular the 1951 Geneva Convention and the ECHR) as well as the existing national laws and practices.The article shows that limitations imposed on states' discretion in designing reception policies are few. On the other hand, the diversity of states' policies shows that common European standards are a long way down the road. However, the states examined have demonstrated a strong tendency towards more restrictive policies thereby following the obvious aims of deterrence and saving money. Additionally, it is shown that another subtext is underpinning restrictive measures: by limiting access to economic, social and cultural benefits possibilities for integration are kept at a low level. Having in mind the necessity to secure a life in human dignity, it will be argued that the time period of impeding full participation of asylum seekers in the host society must be kept very short.
Elements of Nordic Practice 1999: Norway and the International Criminal Tribunals 1994–2000
Authors:   Fife
Published: November 2003

No Abstract
Elements of Nordic Practice 1999: Sweden
Authors:   Magnuson
Published: November 2003

No Abstract
Elements of Nordic Practice 1999: The Nordic Countries in Coordination
Authors:   Klingenberg
Published: November 2003

No Abstract
The Jurisdiction of the European Court of Justice to Give Preliminary Rulings on the Interpretation of Mixed Agreements
Authors:   Heliskoski
Published: November 2003

This article is about the scope of the jurisdiction of the European Court of Justice to interpret, under Article 234 of the EC Treaty, international agreements which include among their contracting parties the European Community, all or some of its Member States and one or more other subjects of international law and which fall partly within the competence of the Community and partly within the competence of the Member States (so-called ‘mixed agreements’). In particular, the article addresses the question of whether, and if so to what extent, the Court's jurisdiction covers those provisions of mixed agreements which have been concluded under Member State powers. New light has been shed upon the question of jurisdiction by the Court's judgment in Case C-53/96 Hermès v. FHT concerning the interpretation of Article 50 of the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) annexed to the 1994 Agreement establishing the World Trade Organization (WTO) – the first case where the jurisdiction issue is addressed by the Court outside the context of association agreements. The article analyses the judgment and its implications in the light of both the Court's earlier case law and the legal and policy considerations at stake when the scope of the Court's jurisdiction is determined.
Israel's Supreme Court and International Human Rights Law: The Judgement on ‘Moderate Physical Pressure’
Authors:   Laursen
Published: November 2003

On September 6, 1999, the Israeli Supreme Court, sitting as the High Court of Justice, handed down its latest judgement on the question of the use of ‘moderate physical pressure’. The lack of substantial references to international law in the Court's reasoning was notable. The present article examines the possible reasons for the reluctance to introduce international law and goes on to analyse the effects of this reluctance. The analysis finds that the reasons for leaving international human rights norms out are less than compelling and that keeping the necessity defence for interrogators using force against detainees leaves a substantial risk of abuse.The article goes on to place the judgement in the larger context of Israeli human rights practices. By applying the so-called ‘spiral model’, developed within international relations theory, it is possible to examine linkages between international norms and domestic change. The model allows for an evaluation of what progress has been achieved so far and for suggestions as to which measures are still needed. It is found that the judgement reasonably can be interpreted as a tactical concession and that further progress in efforts to eradicate the use of force against detainees is dependent upon a change in the attitude of the Israeli public. Future efforts should thus be aimed at influencing Israeli public opinion to ensure that torture is eliminated from Israeli interrogation practices.
Ian F. Fletcher, Insolvency in Private International Law: National and International Approaches
Authors:   Bogdan
Published: November 2003

No Abstract
Emergency, War and International Law – Another Perspective
Authors:   Ni Aolain,   Gross
Published: November 2003

This article evaluates a spectrum of emergency responses by states. We are interested in exploring the variety of contexts in which states respond to internal and external crisis, and the manner in which international law contextualises and responds to the use of extreme measures by states. While international lawyers have become attuned to the prerogatives of states in derogating from their international human rights treaty obligations, we contend that this constitutes only one aspect of state emergency responses. We explore the extent to which states resort to extra-ordinary measures in multiple ways. In particular, we explore the relationship between war and emergency, from a theoretical point of view. Both classic inter-state conflicts are examined, as are the multiple situations of internal armed conflict, that frequently escape precise legal definition under international law. We take the view that international law has taken a limited and unrepresentative view of the scope and breadth of the emergency phenomena in state practice. From this general position some general observations follow. First, we identify the tendency of legal scholars to assert that clear dichotomies exist between normal and extreme conditions, when such clear-cut distinctions are not present. From this, we argue that `war' and `emergency', are not unique and entirely distinct phenomena. In short, we submit that emergency and its associated practices is a far more wide-spread and pervasive aspect of state experience and action than has generally been accepted by legal scholars and political thinkers. The consequence of this rethinking is a need to redefine the resort to the extraordinary in our perception of state behaviour and to modify our theoretical perspectives accordingly.
Unauthorised Humanitarian Interventions – Armed Violence in the Name of Humanity?
Authors:   Harhoff
Published: November 2003

This article seeks to analyse the various responses given after NATO's intervention in Kosovo to the question of the lawfulness of unauthorised humanitarian interventions, i.e. armed interventions without authorisation of the UN Security Council. While some scholars maintained that such interventions are lawful, others held that they were clearly unlawful. The article includes a survey of previous incidents of armed interventions, but no clear answer to the question can be derived on the basis of these earlier cases. On this background, the article suggests that contemporary international law is unable to provide an answer to the question of whether or not unauthorised armed interventions for humanitarian purposes are lawful. Instead, attention should be drawn not only towards the formulation of certain criteria according to which the lawfulness of future interventions can be tested, but also to the identification of an institution or a procedure to handle the test.
The Work of the International Law Commission at Its Fifty-Second Session (2000)
Authors:   Simma
Published: November 2003

No Abstract
Eleventh Meeting of Legal Advisers of UN Member States
Authors:   Magnuson
Published: November 2003

No Abstract
Introduction
Authors:   Klabbers
Published: November 2003

No Abstract
The Life and Times of the Law of International Organizations
Authors:   Klabbers
Published: November 2003

The author analyzes the development of the law of international organizations through the case-law of the World Court and doctrinal writings, and distinguishes three stages. In the first stage (roughly, the interbellum), the law was mainly concerned with trying to come to terms with the new phenomenon of international organizations. In the second stage (peaking in the 1950s and 1960s), the law was predominantly concerned with solving practical problems. In the present third stage, however, conscious attempts are being made to conceptualize and to place organizations in a larger normative perspective. The author concludes that this is a felicitous development.
A Flat Earth? International Organizations in the System of International Law
Authors:   Brölmann
Published: November 2003

The author analyzes why it is that international law has problems accommodating international organizations, and argues that this (partly) finds it cause in the circumstance that organizations are multi-layered entities. Some of the more central doctrines of international law (in particular the law of treaties; to some extent also the law of responsibility) are, however, better suited to deal with unitary entities such as states. In order to overcome such systemic difficulties, the author carefully advocates a reconceptualization of both international organizations and the system of public international law.
The EU and Its Member States, Other States, and International Organizations – The Common European Security and Defence Policy after Nice
Authors:   Österdahl
Published: November 2003

The author discusses the changes made in the Treaty of Nice concerning the EU's external face as well as the influential French Presidency report on the European Security and Defence Policy, with a view to analyzing the relations between the EU and its member states as well as those between the EU and various other organizations active in the same field. She concludes that the institutional infrastructure is reasonably well developed.
Merja Pentikäainen (ed.), EU–China Dialogue: Perspectives on Human Rights – With Special Reference to Women
Authors:   Lempinen
Published: November 2003

No Abstract
Gregor Noll, Negotiating Asylum, the EU Acquis, Extraterritorial Asylum and the Common Market of Deflection
Authors:   van Krieken
Published: November 2003

No Abstract
Judicial Reform under International Law: Notes from Bosnia and Herzegovina
Authors:   Bergling
Published: November 2003

As a result of a recognition that many of the atrocities of the war in Bosnia and Herzegovina stemmed from poor respect for fundamental democratic and human rights principles, the Dayton Peace Accords (DPA) came to emphasize that the new BiH should be a democratic state operating under the rule of law and that the state and entity governments should ensure the highest level of internationally recognized human rights standards and fundamental freedoms. It was also clear to the international community that the judicial authorities of BiH would not be able to transform this language into reality when the nationalist political parties resisted any such development. Annex 10 of the DPA therefore gave the Office of the High Representative, the international body responsible for the implementation of the DPA and the highest authority `in theatre', a far-reaching mandate, sometimes referred to as `protectorate-style powers', to decide, interpret and implement policies as it sees appropriate and to substitute itself for local authorities when they fail to promote the goals and principles spelled out in the DPA. In order to promote judicial reform and safeguard vital rule of law interests, the High Representative may consequently impose decisions and laws and remove obstructionist officials. This article describes how these powers are exercised and how the broader effort of judicial reform, involving a wide range of national and international actors, is organized in Bosnia and Herzegovina.
Elements of Nordic Practice 2000: Norway
Authors:   Fife,   Jervell
Published: November 2003

No Abstract
Feminism, Imperialism and the Mission of International Law
Authors:   Orford
Published: November 2003

This special issue of the Nordic Journal of International Law is testimony to the range of international interventions that have been enabled by the energies and insights of feminism. Each of the contributions to this issue is an attempt to think through what it means to read and write feminist legal theory in an age dominated by internationalist narratives, whether of globalization and harmonization, or of high-tech wars on terror and for humanity. This introductory article sketches some of the ethical and political questions that face those of us who attempt to develop a feminist practice of engaging with the projects of international law, whether in the fields of human rights, military intervention, post-conflict reconstruction or economic globalization. In particular, I explore the extent to which feminist internationalism is haunted by the shades of those nineteenth-century European feminists whose role in facilitating empire is undergoing much exploration. In order to think through the ethical issues involved in developing a feminist reading of international law, this article outlines some of the ways in which feminist legal theory is invited to participate in the project of constituting women and the international community. I consider some of the dangers involved in accepting this invitation, and propose alternative methodologies for undertaking the risky project of reading international law.
Women and Human Rights in the Rebuilding of East Timor
Authors:   Wood,   Charlesworth
Published: November 2003

This article considers how the discourse of women's human rights has been employed in the lead up to independence in East Timor. It describes the way that the United Nations' temporary administration responded to the situation of women after the Indonesian occupation and assesses the adequacy of its attempts to 'mainstream' gender in the independence process.
The Redundancy of Soft Law
Authors: Klabbers
Published: November 2003

No Abstract
Domestic Application of the European Convention on Human Rights in English and Norwegian Law
Authors: Elgesem
Published: November 2003

No Abstract
Terrorism and the Right to Asylum under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees - A Contradiction in Terms or Do Opposites Attract?
Authors: Isenbecker  , Amarasinha
Published: November 2003

No Abstract
International Law and the Nineteenth Century: History of an Illusion
Authors: Kennedy
Published: November 2003

No Abstract
Beyond Colonialism and Nationalism? Ethiopia, Czechoslovakia, and ``Peaceful Change''
Authors: Berman
Published: November 2003

No Abstract
Liberalism and International Law: A Centre Projecting a Periphery
Authors: Korhonen
Published: November 2003

No Abstract
An Open Letter to My Students Theory, Practice and Life in International Law
Authors: Wrange
Published: November 2003

No Abstract
Book Review
Authors: Donner
Published: November 2003

No Abstract
Book Review
Authors: Alfredsson
Published: November 2003

No Abstract
The Duty of Third States to Implement and Enforce International Humanitarian Law
Authors: Azzam
Published: November 2003

The debate surrounding peacekeeping missions and humanitarian intervention has become particularly poignant with the conflagration of violent conflict and incidents of genocide, presenting States with a moral and legal dilemma. While not addressing the issue of humanitarian intervention, this study argues that the international legal order imposes upon States not only a right but a duty to see to it that other States party to conflict abide by their legal and humanitarian obligations as members of the international community. The duty, argues the study, is imposed by several factors. Article~1 common to the Geneva Conventions and additional Protocol I imposes upon signatories the duty to ``respect and ensure respect for the Convention[s] ...'' The universal acceptance of the Conventions as well as the customary law nature and objective character of several of the Conventions' provisions and general principles of international law further make for an erga omnes responsibility, not only a contractual one between States, thus not subject to the principle of reciprocity. The paper shows that this obligation to act to ensure compliance with humanitarian law further arises from the United Nations Charter as well. The study goes on to discuss the scope of the duty to act, arguing that the Draft Articles on State Responsibility and a number of decisions by the International Court of Justice have gone beyond defining a State's right to act and beyond the duty not to assist the commission of violations, the omission of which constitute wrongful acts by States. It is further shown that the aforementioned is an obligation of result; States must continue to take measures to bring parties to a conflict to compliance with international humanitarian commitments until the desired result is achieved. Finally, the study concludes that the lack of enforcement of humanitarian law is a result of States' unwillingness to subject themselves to judicial machinery, which ``while cognizant of the hornets' nests of political entanglements, have the potential to struggle free of them.''
Book Review
Authors: Bring
Published: November 2003

No Abstract
Ove Bring and Said Mahmoudi (eds.), Current International Law Issues. Nordic Perspectives. Essaus in Honour of Jerzy Sztucki
Authors: Dimitrijević
Published: November 2003

No Abstract
The Refugee Convention, 1951. The Travaux Préparatoires Analysed, with a Commentary by the Late Dr Paul Weis.
Authors: Einarsen
Published: November 2003

No Abstract
Elements of Nordic and International Practice in the Year of 1996. Denmark
Authors: Mikaelsen
Published: November 2003

No Abstract
Elements of Nordic and International Practice in the Year of 1996. Finland
Authors: Kaukoranta
Published: November 2003

No Abstract
Elements of Nordic and International Practice in the Year of 1996. Norway
Authors: Resaland
Published: November 2003

No Abstract
Elements of Nordic and International Practice in the Year of 1996. The Nordic Countries in Coordination
Authors: Mikaelsen
Published: November 2003

No Abstract
Nils Johan Lavik, Mette Nygård, Nora Sveaass and Eva Fannemel (eds.), Pain and Survival. Human Rights Violations and Mental Health
Authors: Tomaševski
Published: November 2003

No Abstract
The Work of the International Law Commission at Its Forty-Ninth Session (1997)
Authors: Simma
Published: November 2003

No Abstract
Erik M.G. Denters, Law and Policy of IMF Conditionality
Authors: Skogly
Published: November 2003

No Abstract
Discourses of Sex: Classical, Modernist, Post-Modernist
Authors: Heinze
Published: November 2003

Discourses of sexuality, gender and sexual orientation are moving from the margins to the mainstream of legal theory, notably in the area of international human rights. Each of these three sets of discourses preserves its own history and ideals. Neither are they wholly distinct from each other, nor are they simply three concepts denoting the same thing. Each has remained quasi-autonomous – always related to, yet always stubbornly distinct from, the others. No one of these three discursive sites can be engaged without significant reference to the other two; nor does one site simply reduce to another. What do we mean, then, when we use one of these terms, and when we choose it instead of the other two? What relationships obtain among the three sites? This essay proposes not an exhaustive analysis of those relationships, but only an approach that might be followed were such a broader analysis to be undertaken. It is argued that these three sites correlate to three intellectual moments – classical, modernist and post-modernist – in the constitution of the human subject within international human rights law. As an initial matter, this correlation can be understood to be straightforward: discourses of sexuality correlated to classicism, discourses of gender correlated to modernism, discourses of sexual orientation correlated to post-modernism. Closer analysis, however, reveals a more complex set of relationships, in which each of the three sites corresponds to each of the three intellectual moments. None of the three sites is `pure'. Each retains an ongoing dialogue with the others and within itself.
Realizing Women's Sexual Rights: Challenges in South Asia
Authors: Tambiah
Published: November 2003

Sexual rights are a new category of human rights still in the process of being clearly articulated subsequent to the debates at the International Conference on Population and Development (Cairo, 1994) and the Fourth World Conference on Women (Beijing, 1995). In South Asia this process is fraught with obstacles, among which are taboos concerning the meaningful public discussion of sexuality, and negative attitudes towards women's sexual autonomy. It is also affected by the negotiations of, and contests for, political power among the different ethno-religious communities in a South Asian state, which in turn can constrain progressive law-makers from developing and implementing legislation favorable to the realization of women's sexual rights. Using the 1995 parliamentary debates on reforms to the Sri Lankan Penal Code, this paper explores the challenges to realizing women's sexual autonomy in a multi-ethnic South Asian society. It highlights how the fear of female sexuality can be manipulated by state-level actors, serving certain political exigencies, to justify the denial of sexual autonomy and even to validate sexual violence against women. It also reflects on the implications for the movement for women's rights in South Asia, premised increasingly on the universality of human rights norms, when its advocates collide with ethno-nationalist proponents of `group rights' which are rooted in a cultural specificity whose markers are frequently assumed to be embodied by the female members of the group.
Ellen Brinch Jørgensen, Union Citizens: Free Movement and Non-Discrimination
Authors: Flynn
Published: November 2003

No Abstract
Nuremberg 50 Years Later: The Restitution of Jewish Property and Norwegian Justice
Authors: Cotler
Published: November 2003

Norway, under the Nazi rule of Vidkun Quisling, was one of the first of the Occupied Countries to enact a Nuremberg-type Race Law, delegitimizing and disenfranchising Norwegian Jewry. From 24 till 26 November 1942, the arrest and deportation of Norwegian Jewry to Nazi death camps took place, followed by the systematic plundering of their property by Norwegian authorities. The latter was based on an Act of 26 October 1942, ordering all property of any kind belonging to a Jew to be confiscated and taken over by the Norwegian State treasury. After the War, a Reparations Board was established, but failed to properly indemnify most of the Norwegian Jewry claimants for the plundering of their property. This paper sets out what the legal basis is for ``restitution'' for these Nuremberg crimes committed by Norwegian authorities under the Nazi rule of Vidkun Quisling. The author identifies seven principles on which state responsibility for war crimes and the ensuing restitution are based. The author concludes that the obligation of restitution is not only the redress of a historical wrong, but one clearly anchored in international human rights law – and the inherent dignity and worth of every human life.
Security Interests in International Bankruptcies in Sweden
Authors: Bogdan
Published: November 2003

The purpose of this paper is to briefly describe Swedish conflict rules concerning the treatment in bankruptcy situations of security rights in rem (such as reservations of title, transfers of title for security purposes and mortgages) in respect of chattels and other assets. One problem encountered in this connection is the difficulty to distinguish between issues of insolvency law, governed by lex concursus, and issues of general private law, mostly governed by lex rei sitae. Other types of problems arise if the asset has after the creation of a security interest been moved from one country to another. Finally, the article deals with set-off in bankruptcy, since the creditor who is entitled to set off his claim is in a situation similar to that of a secured creditor.
Elements of Nordic Practice 1997: Denmark
Authors: Mikaelsen
Published: November 2003

No Abstract
Elements of Nordic Practice 1997: Finland
Authors: Kaukoranta
Published: November 2003

No Abstract
Executing Mr Breard
Authors: Klabbers
Published: November 2003

No Abstract
Ketilbjørn Hertz, Jurisdiction in Contract and Tort under the Brussels Convention
Authors: Bogdan
Published: November 2003

No Abstract
Benedetto Conforti, The Law and Practice of the United Nations
Authors: Broms
Published: November 2003

No Abstract
The Work of the International Law Commission at Its Fiftieth Session (1998)
Authors: Simma
Published: November 2003

The article provides an overview of the work of the International Law Commission at its Fiftieth Session (1998). The topics covered are International Liability for Injurious Consequences Arising from Acts Not Prohibited by International Law, State Responsibility, Reservations to Treaties, Nationality in Relation to the Succession of States, Diplomatic Protection and, finally, Unilateral Acts of States.
Jochen Abr. Frowein and Thilo Marauhn (eds.), Grundfragen der Verfassungsgerichtsbarkeit in Mittel- und Osteuropa
Authors: Bogdan
Published: November 2003

No Abstract
Colonialism, Constitutionalism, Costs and Compensation: A Contemporary Comparison of the Legal Rights and Obligations of and towards the Scandinavian Sami and Indigenous Australians
Authors: Hocking
Published: November 2003

An earlier article addressed recent developments in Australia concerning indigen-ous land rights and outlined political and legal aspects of the debate surrounding that. This is a more specifically comparative study that seeks to compare the legal aspects of the land rights of Australian indigenous people with the legal aspects of the land rights of the Sami people in Scandinavia. The paper recognises from the outset that these two parts of the world possess different legal histories, but argues that in the modern international context, comparisons can be drawn with respect to indigenous human rights. Further, the paper contends that in both these societies, there have been advances and retreats and that only full governmental commitment to the principles of international law will ensure that the human rights of the respective indigenous people advance.In looking at comparative indigenous rights, or the failure to achieve rights, the focus is on property, including consideration of inclusion/exclusion of native people as citizens, the effects of colonization and relative access to goods and services, language recognition, rights of cultural development and protection of heritage, as well as practical implications in controlling other forms of development and fostering sustainable growth. We broaden the consideration of indigenous human rights to include matters of compensation and costs. Our overall contention is that it remains one of the principal challenges for both Australian and Scandinavian law to identify and translate co-existence and human rights for the indigenous people of those nations. In framing any such legal measures, governments will have to confront wider political issues of tolerance, sovereignty and citizenship. The dilemma for Australian Aboriginals is that the chance to remain Aboriginal may have to involve an appeal to the prin-ciples of international law whereas in Scandinavia the recognition of Sami reindeer herding has generally failed to foster broader rights to land and natural resources although there are some signs that this is emerging in Norway.
Francesco Francioni and Tullio Scovazzi (eds.), International Law for Antarctica
Authors: Jacobsson
Published: November 2003

No Abstract
Stefan Talmon, Recognition of Governments in International Law with Particular Reference to Governments in Exile
Authors: Klabbers
Published: November 2003

No Abstract
Minority Protection in International Law: From Standard-Setting to Implementation
Authors: Pentassuglia
Published: November 2003

In recent years, minority issues regularly feature on the international agenda, due to growing concerns for human rights and stability. Minority rights instruments are being multiplied accordingly. While this is no doubt a welcome development, the fact that the effectiveness of any (present and future) minority regime remains to be tested through an adequate implementation machinery should not be overlooked. The aim of this paper is to examine the international monitoring mechanisms which are relevant to minority protection, with a view to discussing the prospects for improving State compliance. An overview of such mechanisms and a focus on some basic, contemporary elements of the resulting monitoring process, afford the basis for a set of forward-looking reflections on the problem of the implementation of minority rights standards. An attempt has been made at analysing the relevant patterns of scrutiny within a broad perspective, namely in relation to their real and/or potential impact on minority protection as embraced by international law.
Elements of Nordic Practice 1998: Denmark
Authors: Klingenberg
Published: November 2003

No Abstract
Elements of Nordic Practice 1998: Finland
Authors: Kaukoranta
Published: November 2003

No Abstract
Elements of Nordic Practice 1998: Sweden
Authors: Magnuson
Published: November 2003

No Abstract
Jochen Herbst, Rechtskontrolle des UN Sicherheitsrates
Authors: de Wet
Published: November 2003

No Abstract
The Legitimacy of Minorities' Claim for Autonomy through the Right to Self-Determination
Authors: Welhengama
Published: November 2003

The grant of autonomous powers to minorities is considered as a threat to the stability of the nation-State system. Nonetheless, many academics and jurists now believe that autonomy can be used to reduce ethnic conflicts, provided that parties to such arrangements are willing to implement them in good faith. In contemporary debate amongst academics it is frequently argued that there is an apparent link between minorities' rights and autonomy. Moreover, some minority rights campaigners stress that minorities' right to autonomy emanates from the right to self-determination. Such claims are, however, contested by most nation-States on the ground that autonomy is not a right in international law. It is only a small number of States that are prepared to experiment with autonomous arrangements to address minorities' concerns within their constitutional structure. Whilst investigating the current developments in United Nations and State practice with regard to autonomy, this article critically analyses whether autonomy gains its legitimacy through the right to self-determination and the extent to which autonomy is being evolved as an integral part of the internal right to self-determination.
Indigenous Minorities and the Shadow of Injustice Past
Authors: Føllesdal
Published: November 2003

No Abstract
Accommodating Religious Identities in an Islamic State: International Law, Freedom of Religion and the Rights of Religious Minorities
Authors: Rehman
Published: November 2003

This article examines the controversial and divisive issues of freedom of religion and the rights of religious minorities. A major stumbling-block in attaining a consensus on the subject has been the attitude of certain states which purport to follow the Sharia. The article however contends that in reality it is possible for Islamic states to find a great measure of compatibility with practices advocated by Western states on issues concerning the rights of religious minorities and religious freedom. Through an investigation of state practices, the paper concludes that the causes of the existing inconsistencies are embedded not in the Islamic system of governance (which these states are claiming to follow) but in domestic politics and constitutional inadequacies.
Note from the Editor-In-Chief
Authors: Alexander
Published: November 2003

No Abstract
Preserving Linguistic Heritage; a Study of Scots Gaelic
Authors: Smith
Published: November 2003

Scots Gaelic, one of Europe's oldest indigenous languages, requires urgent action to arrest then reverse the decline in the numbers of its native speakers. Language is an integral part of the cultural identity of a group and the continuation of a traditional language is a prerequisite of the continuation of the cultural heritage of its speakers. However, linguistic rights are not afforded a high priority by the international community. This article will examine the position of Scots Gaelic in the context of the salient provisions of European Law. A brief historical account of Scots Gaelic will be provided prior to a more detailed analysis of the prevailing legal standards. The approach of the Scottish and UK Parliaments to the various legal instruments and to the language will then be assessed. It is evident that Scots Gaelic has little legal protection under national laws and it will be argued that the issue of the legal status of the Gaelic language must be addressed sooner rather than later in order to preserve the language and its associated culture. This inevitably means the Government taking action in excess of the minimum measures necessary to comply with the current international standards.
Assimilation through Ethnicity: China's Ethnic Language Policy in Yunnan and Shenyang
Authors: Shih
Published: November 2003

The following discussion tackles the complicated relationships between Mandarin and ethnic languages in China. It first introduces Chinese perspectives on the subject and takes note of the complexity of the issue while also showing that in China no universal language policy is possible. The paper then examines a few memoirs concerning the Mandarin programs in Yunnan to suggest how the promotion of ethnic language can assist in learning Mandarin. Finally, the paper gives reports from field interviews with teachers and cadres in a Korean school in Shenyang. This last case is particularly interesting as it demonstrates that the ethnic identity strengthened by an ethnic language program sponsored by the state makes the state, together with its Mandarin system, a concomitant and no longer threatening identity for ethnic Koreans. The ethnic language policy in China after the Cultural Revolution should be considered a success, not because it reproduces this or that identity or because it consolidates often considered oppressive Chinese nationalistic identity, but because it allows the coexistence and hybridisation of local ethnic identities.
A Frame an Incomplete Painting: Comparison of the Framework Convention for the Protection of National Minorities with International Standards and Monitoring Procedures
Authors: Alfredsson
Published: November 2003

No Abstract
Who Owns Land in Zimbabwe? In Africa?
Authors: Hansungule
Published: November 2003

No Abstract
The 'Casamance Question': An Examination of the Legitimacy of Self-Determination in Southern Senegal
Authors: Woocher
Published: November 2003

No Abstract
Minority Issues in Western Europe and the OSCE High Commissioner on National Minorities
Authors: Heintze
Published: November 2003

No Abstract
Education and Multiculturalism: The Contribution of Minority Rights?
Authors: Henrard
Published: November 2003

No Abstract
Th. M. Franck, The Empowered Self: Law and Society in the Age of Individualism
Authors: Klabbers
Published: November 2003

No Abstract
Conflict Prevention and Resolution in the South African Development Community (SADC)
Authors: Mbuende
Published: November 2003

No Abstract
The Role of Conflict Prevention for Preventing Refugee Flows
Authors: Olusola
Published: November 2003

No Abstract
The Peace Process in Guatemala and the Role of Third Parties
Authors: Rosenthal
Published: November 2003

The purpose of the Symposium is to share experiences on preventing violent conflicts, especially with regard to the situation of ethnic minorities. In this respect, this contribution might be slightly off-base: Guatemala's experience is not about preventing violent conflicts, but of ending a conflict of 40-years duration. Still, there is an underlying concern common to all, and that is to promote peace, plural democracy, respect for human rights and development.
Experiences of Co-Operating with the OSCE HCNM: The Case in Latvia
Authors: Ulmanis
Published: November 2003

No Abstract
The Framework Convention: A Piece of Art or a Tool for Action?
Authors: Steketee
Published: November 2003

No Abstract
Experiences from Co-Operating with the OSCE HCNM: The Case of the Slovak Republic
Authors: Csáky
Published: November 2003

No Abstract
The Role of the Sub-Commission on Promotion and Protection of Human Rights and its Working Groups in the Prevention of Conflicts
Authors: Eide
Published: November 2003

No Abstract
Conflict Prevention with Regard to Inter-Ethnic Issues, Including the Role of Third Parties: Experiences and Challenges from the Asian-Pacific Region
Authors: Evans
Published: November 2003

No Abstract
Saami in the European Union
Authors: Toivanen
Published: November 2003

No Abstract
Sami Land Rights in Norway: A Test Case for Indigenous Peoples
Authors: Minde
Published: November 2003

No Abstract
Political Autonomy and Integration of Authority: The Understanding of Saami Self-Determination
Authors: Broderstad
Published: November 2003

No Abstract
Political Inclusion of the Saami as Indigenous People in Norway
Authors: Oskal
Published: November 2003

No Abstract
Transnational Autonomy: Responding to Historical Injustice in the Case of the Saami and Roma Peoples
Authors: Meyer
Published: November 2003

No Abstract
Australia's Mandatory Sentencing Laws, Ethnicity and Human Rights
Authors: Bessant
Published: November 2003

No Abstract
J. Rehman, The Weaknesses in the International Protection of Minority Rights
Authors: Vierdag
Published: November 2003

No Abstract
K. Henrard, Devising an Adequate System of Minority Protection; Individual Human Rights, Minority Rights and the Right to Self-Determination
Authors: Wheatley
Published: November 2003

No Abstract
A. Shapira, M. Tabory (Eds.), New Political Entities in Public and Private International Law with Special Reference to the Palestinian Entity
Authors: Skouteris
Published: November 2003

No Abstract
National Self-Determination as a Legitimate Way Towards European Union – The Case of Former Yugoslavia
Authors: Jovanovic
Published: November 2003

No Abstract
Book Review: Y. Ghai, Public Participation and Minorities
Authors: Wheatley
Published: November 2003

No Abstract
The Mapuche–Pehuenche and the Ralco Dam on the Biobío River: The Challenge of Protecting Indigenous Land Rights
Authors: Nesti
Published: November 2003

No Abstract
Book Review
Authors: Tomuschat
Published: November 2003

No Abstract
Book Review
Authors: Lerner
Published: November 2003

No Abstract
A new turn in Hungarian-Slovak relations? An overview of the Basic Treaty
Authors: Driessen
Published: November 2003

No Abstract
Book review
Authors: Thorburn
Published: November 2003

No Abstract
Book review
Authors: Chan
Published: November 2003

No Abstract
Book review
Authors: Österdahl
Published: November 2003

No Abstract
Some Remarks on the Education Rights of National Minorities in Central and Eastern Europe
Authors: Szépe
Published: November 2003

No Abstract
Vienna Seminar on Minority Education Issues 22-23 November 1996
Authors: van der Stoel
Published: November 2003

No Abstract
The Importance of Minority Education Rights in the New Europe
Authors: Stobart
Published: November 2003

No Abstract
Pyla: A Mixed Borderline Village under UN Supervision in Cyprus
Authors:   Papadakis
Published: November 2003

This paper considers ethnic conflict within Cyprus involving Greeks, Turks and the United Nations. The focus for discussion is the village of Pyla on the 'Green Line' and the key question to be answered is: to whom does the border belong? The answer is that everyone in the village including the UN is involved in maintaining the boundary and thereby preventing ethnic violence breaking out. Procedures of everyday peace-making are carefully observed which prevent outsiders from stirring up trouble. However, this mutual responsibility is fraught with continuing tension between the three parties (Greek, Turkish and UN) created by the wider context of ethnic conflict at national and international levels. The best which the local people can hope for in current political conditions is the continuation of an uneasy balance between the three parties and a precarious containment of the endemic ethnic tension.
The Right to March Parading a loyal Protestant Identity in Northern Ireland
Authors:   Bryan
Published: November 2003

Riots taking place in the Northern Irish town of Portadown are analysed in the context of the 'right to march'. The paper concentrates specifically on the demands by a number of Protestant organisations that they should be allowed to parade along roads which they have followed for many years despite the objections of a large majority of the Roman Catholic, Nationalist community living along parts of the route. To understand fully these disputes it is necessary to examine the political and social situation that pertains to a particular time and place. The paper will also draw on comparative material in order to explore the general nature of political rituals since they are also elements of what took place locally which are common to most societies. I particularly wish to reject any notion that ethnic groups in N. Ireland are in some way trapped by their history since, on the contrary, research into public rituals such as these parades reveals the ways in which they are used as a dynamic political resource through changing historical circumstances.
Religion, Blood and the Equality of Rights The Case of Ethiopian Jews in Israel
Authors:   Weil
Published: November 2003

The legal status of Ethiopian Jews who were permitted to migrate to Israel is examined. I demonstrate that Ethiopian Jews formally equality of rights and responsibilities with other Jews in Israel in major spheres of life while in practice they are segregated giving rise to feelings of deprivation. On the one hand there is a policy of affirmative action whereby they receive preferential treatment in housing, education and other areas compared with other immigrants while, on the other hand, they are discriminated against - reasonably or unreasonably - in the fields of religion and health. They still encounter restrictions in selecting a Rabbi who will be willing to perform the marriage ceremony. A major demonstration in 1996 around the issue of AIDS documented here in detail shows how a discrepancy exists between the official status of Ethiopian Jews as equal and their perceived status of collective rights. Symbolically, blood has become the marker between an Ethiopian Jew and other Jews in Israel in a situation where Ethiopian immigrants are striving for equality as Jews.
Ethnic or Socio-Economic Conflict? Political Interpretations of the Rwandan Crisis
Authors:   Brandstetter
Published: November 2003

Rather than trace the political history of the conflict in Rwanda I will focus on the different interpretations of the conflict by the actors involved. The external identification of the Tutsi refugees as 'Banyarwanda' corresponds with the ideology and self image of the RPF who were recruited among the refugees and their descendants who fled to Uganda during and after 1959. The RPF presents itself as a democratic organisation speaking for all Rwandans and its anti-ethnic stance is designed not only to appeal to Rwandans but also to a Western audience. The RPF's opponent, the Habyarimana government in Rwanda, presented itself as the heir of the 1959 'peasant revolution' which had replaced politics with 'development', and portrayed the RPF as feudal Tutsi revanchists coming to set the garden of Eden on fire. The government also joined Hutu extremists in presenting the Hutu-Tutsi conflict as 'natural', invoking the Hamitic-Bantu distinction.
'They Give us the Categories and We Fill Ourselves in' Ethnic Thinking in Singapore
Authors:   Ackermann
Published: November 2003

This paper will demonstrate the prevalence of 'ethnic thinking' in everyday life and the role which culture plays in defining individuals and groups in Singapore. I will argue that the Singapore state has intentionally created a national identity which rests on the idea of the assumed purity of the different ethnic groups which exist within that nation. Singpore's multi-racial policies force the heterogeneous character of the population into four 'races' and there are no officially recognised inter-ethnic individuals within the state. The official promotion of 'ethnic' culture which claims that ethnic identity and culture are somehow identical results in a culture of stereotypes which shapes everyday life - where people live and how they interact as neighbours, for example. The stereotypes are reinforced by religious festivals. While state support of ethnic differentiation has helped to prevent ethnic violence, the politicisation of ethnic identity may ironically encourage conflict in the future when ethnic and economic divisions coincide.