bluuebunny/crossref_metadata_2025 huggingface dataset:
Formalism v. Empiricism: Some Reflections on the Dublin Convention on the Occasion of Recent European Case Law
Authors:   Noll
Published: November 2003

The drafters of the 1990 Dublin Convention knowingly and wilfully disregarded divergences among Member States' protection systems. Like a boomerang, the fallacy of this approach has now reappeared in cases where asylum seekers have challenged transfers under the Convention, obliging judges to tackle a problem which its drafters avoided. The core issue of this article is whether and when such divergences force a Member State to abstain from removing an asylum seeker to another Member State, provided that such removal entails a downgrading of protection. What approaches can be taken by authorities and courts seized with the legality of removal under the Dublin Convention? On one end of the spectrum, the formal approach relies on the fact that all Member States are bound by the 1951 Refugee Convention, the 1967 Protocol and the ECHR, and its proponents affirm the legality of removal regardless of factual differences amongst Member States in offering protection. On the other end of the spectrum, we find an empirical approach. Its proponents ask whether a specific asylum seeker would actually be treated in accordance with international law by the responsible Member State. In Adan and Aitseguer, the U.K. Court of Appeal and the U.K. House of Lords have explicitly rejected the formal approach and opted for the empirical approach. So did the ECtHR in T.I. v. the U.K. In the Minority Bosnians Decision, the Swedish Government has paid lip-service to the formal approach, but de facto applied the empirical approach, which effectively determined its outcome. Our analysis shows that there are good reasons for these preferences: the formal approach is untenable mainly for reasons of its logical and practical inconsistency. As long as Member States interpret their international obligations towards protection seekers differently, the empirical approach must be regarded as inherent in the prohibitions of refoulement contained in international law and thus a mandatory part of Dublin procedures.
Zelim Skurbaty, As If Peoples Mattered
Authors:   Galtung
Published: November 2003

No Abstract
Responsibility in the EC for Mixed Agreements –Should Non-Member Parties Care?
Authors:   Björklund
Published: November 2003

The author discusses and questions the settled approach relating to responsibility under international law for mixed agreements, i.e. agreements to which both the EC and all or some of its member states are parties. He concludes that the rosy picture prevailing in much of the literature may not be justified, and stresses the difficulties involved for third parties.
Institutional Ambivalence by Design: Soft Organizations in International Law
Authors:   Klabbers
Published: November 2003

The author analyzes the growing phenomenon of ``soft'' organization, and argues that neither the legal justification nor the policy justification for institutional ambivalence are terribly convincing. Instead, he links the intentional creation of ``soft'' organizations to more general discussions on regulation and deregulation, to conclude that ironically, too much ``softness' has already resulted in calls for a ``hardening'' of those ``soft'' creatures.
Peter J. van Krieken (ed.), Refugee Law in Context: The Exclusion Clause
Authors:   Gorlick
Published: November 2003

No Abstract
Yugoslav Territory, United Nations Trusteeship or Sovereign State? Reflections on the Current and Future Legal Status of Kosovo
Authors:   Stahn,   Zimmermann
Published: November 2003

Security Council Resolution 1244 of 10 June 1999 established a United Nations Interim Administration in Kosovo. The United Nations has thereby assumed exclusive legislative and executive powers over the territory, notwithstanding the fact that the Federal Republic of Yugoslavia still retained title over the territory in question. The present article analyses the current international legal status of Kosovo and the source of United Nations authority to administer the territory, taking into account relevant precedents where international organizations have done so in the past. In addition, the article addresses a number of more specific questions concerning the exercise of direct administering authority by the United Nations and, in particular, the question whether, and if so, to what extent human rights standards are applicable to both the actions of UNMIK and actions undertaken by the international security presence in Kosovo, KFOR. Before outlining a possible scenario for the future, permanent international and constitutional status of Kosovo, two other pertinent questions are also dealt with, i.e. whether UNMIK may represent Kosovo vis-à-vis third states by concluding treaties on behalf of the territory, and whether UNMIK may exercise diplomatic protection with regard to permanent residents of Kosovo.
Institution-Building and Human Rights Protection in Kosovo in the Light of UNMIK Legislation
Authors:   Brand
Published: November 2003

By analyzing specific legislative and institutional aspects of UNMIK's administration of Kosovo, this article attempts to highlight the discrepancy between the nature of an international security presence and civilian administration (under Security Council peacekeeping mandate), and effective human rights remedies, as well as principles of democratic governance such as accountability, lawfulness and constitutionality. The `constitutional' aspects of the current system of governance in Kosovo are described and difficulties of creating an international administration, which seeks to gain a certain level of acceptance by the subjected population, are pointed out. The article explains how UNMIK went about establishing a Joint Interim Administrative Structure while dismantling parallel, illegitimate power structures. It further addresses the Constitutional Framework for Provisional Self-Governance and evaluates briefly its human rights-related aspects. Legislative issues and questions concerning the rule of law are discussed in another section, which deals with UNMIK's formal commitments to adhere to the highest level of internationally recognized human rights standards. Several important Regulations issued by the Special Representative of the Secretary General (SRSG) are analyzed. Consequently, the most significant structures and mechanisms for the protection, promotion and monitoring of human rights are shortly presented and put in context. The article raises several crucial questions concerning the access to effective remedy and the effectiveness of human rights institutions in an environment of legal uncertainty, the absence of the rule of law and the supremacy of international authority, which is beyond the reach of judicial control or review. It concludes that if effective human rights protection shall be the outcome of structures dedicated to human rights, these structures have to be constructed to offer real remedies, proper judicial procedures and legal clarity. The present nature of international peace missions (military and civilian) is not compatible with the requirements of a law-based administration according to the Rechtsstaat-model, which is arguably a prerequisite for effective human rights protection.
Elements of Nordic Practice 2000: Denmark
Authors:   Klingenberg
Published: November 2003

No Abstract
Elements of Nordic Practice 2000: Finland
Authors:   Sotaniemi
Published: November 2003

No Abstract
Outi Korhonen, International Law Situated: An Analysis of the Lawyer's Stance Towards Culture, History and Community
Authors:   Warner
Published: November 2003

No Abstract
The Horizon of Becoming: Culture, Gender and History after September 11
Authors:   Wright
Published: November 2003

Feminist analyses of international law can be seen as part of the wider effort to broaden international law beyond its current foundations and assumptions. International lawyers can usefully work with feminist, post-colonial, indigenous, critical and postmodern perspectives in contextualizing the universalist claims of international law in order to make it both more inclusive and more sophisticated. International law might be positively transformed if it were to take the critical approaches of feminist and other scholars seriously. This article is an attempt to problematize the concepts of time and history as they relate to an understanding of international law from the perspective of the feminist, the post-colonial and the indigenous. How we analyze international law in an historical context strongly determines how relevant international law is to women and other marginalized voices. Attempting to understand the history of international law is essential to understanding how it works (or does not work) and how it is changing. But our understandings of history are themselves deeply flawed as analytical tools. The voices of the silenced are usually described as not being heard because of imbalances in economic and political power. On a deeper level they also may not be heard because the very nature of historical and legal discourse in the international arena makes their voices unintelligible within the `malestream' of time and history. We expect history to give us a sense of the truth of our shared past. But because historical records are dominated by the representation of the most powerful, the `truth' of those who are excluded from power may not seem genuine. More commonly, it is ignored. What we think of as a reality that we have shared may not in fact have been shared in the same way by `others' – even when `we' ourselves are part of that `other'. International law as we now know it was created as an offshoot of the development of the modern nation-state based on secular ideals of rationality and order. Women's history often tries to recapture the detail of all those `people without history' who have worked, fought, mothered and struggled `behind the scenes' of the Great Events depicted in wars and political battles that are so central to our usual shared vision. International law prioritizes precisely this dominant vision – the use of force, sovereignty, the state, the political, the military, the economic and the diplomatic. What does September 11 mean for women, for the poor, for indigenous peoples? This article does not discount the importance of recent world events – only that we might see them through different eyes from which we might gain new insights.
Women's Burden: Counter-Geographies of Globalization and the Feminization of Survival
Authors:   Sassen
Published: November 2003

The global migration and trafficking of women is anchored in particular features of the current globalization of economies in both the north and the south. Making this legible requires that we look at globalization in ways that are different from the mainstream view, confined to emphasizing the hypermobility of capital and to the ascendance of information economies. The growing inmiseration of governments and whole economies in the global south has promoted and enabled the proliferation of survival and profit-making activities that involve the migration and trafficking of women. To some extent these are older processes, which used to be national or regional that can today operate at global scales. The same infrastructure that facilitates cross-border flows of capital, information and trade is also making possible a whole range of cross-border flows not intended by the framers and designers of the current globalization of economies. Growing numbers of traffickers and smugglers are making money off the backs of women and many governments are increasingly dependent on their remittances. A key aspect here is that through their work and remittances, women enhance the government revenue of deeply indebted countries and offer new profit making possibilities to `entrepreneurs' who have seen other opportunities vanish as a consequence of global firms and markets entering their countries or to long time criminals who can now operate their illegal trade globally. These survival circuits are often complex, involving multiple locations and sets of actors constituting increasingly global chains of traders and `workers'. A central point of the article is that it is through these supposedly rather value-less economic actors – low-wage and poor women – that key components of these new economies have been built. Globalization plays a specific role here in a double sense, contributing to the formation of links between sending and receiving countries, and, secondly, enabling local and regional practices to become global in scale.
Navigating the Newstream: Recent Critical Scholarship in International Law
Authors: Cass
Published: November 2003

No Abstract
The Privilege of Universality. International Law, Economic Ideology and Seabed Resources
Authors: Koskenniemi  , Lehto
Published: November 2003

No Abstract
Cries and Whispers: Responses to Feminist Scholarships in International Law
Authors: Charlsworth
Published: November 2003

No Abstract
Book Review
Authors: Fleischer
Published: November 2003

No Abstract
Book Review
Authors: Noll
Published: November 2003

No Abstract
Editorial Note
Authors: Danelius
Published: November 2003

No Abstract
The Role of Treaties in the Contemporary International Legal Order
Authors: Elias  , Lim
Published: November 2003

The aim of this paper is to examine the role played by treaties in a diverse and diversifying international society. Through the course of the century, it has been suggested that treaties are the best means of law-making in the present world. It is argued here that while there are some advantages to treaty law-making, it does not seem that treaties are able to meet the demands sought to be placed upon them by those who believe in increased codification.
The Formative Years of the Iran–United States Claims Tribunal
Authors: Lagergren
Published: November 2003

After the seizure of the U.S. Embassy in Tehran on 4 November 1979 and the taking of 52 American citizens as hostages, and after President Carter in retaliation froze Iranian assets in the United States banks, at home and overseas, valued at some 12 billion dollars, the grave crisis was not finally settled until 19 January 1981, after 444 days. The hostages were released and arrangements were made for the free transfer of the frozen Iranian assets. The settlement also provided for the establishment of an Arbitral Tribunal at the Hague for the solution of a wide range of specified claims. An ``insider'' tries in this article to describe the complex and burdensome building up and organisation of the largest and most important international arbitration to date.
The International Court of Justice and Nuclear Weapons
Authors: Mahmoudi
Published: November 2003

The request of the UN General Assembly for an advisory opinion on the legality of the threat or use of nuclear weapons put the International Court of Justice in a difficult situation. The difference of the views of judges on the issue and the knowledge that any outright pronouncement on the legality or illegality would disappoint an important section of the Court's clients led to a poorly drafted opinion. The purpose of this article is to briefly comment on the Court's findings. The author believes that the Court has adopted a positivist approach by putting all its efforts into searching for a specific customary or conventional rule prohibiting or permitting use of nuclear weapons. Had it instead focused on the applicability of general principles of law, it would probably have reached a conclusion more consonant with common sense and natural law, namely the illegality of the threat or use of nuclear weapons.
Elements of Nordic and International Practice in the Year of 1996. Seventh Meeting of Legal Advisers of UN Member States
Authors: Magnuson
Published: November 2003

No Abstract
Nanette A. Neuwahl and Allan Rosas (eds.), The European Union and Human Rights.
Authors: Schønberg
Published: November 2003

No Abstract
Tuula Tervashonka (ed.), The Legal Status of the Individual in Nordic Environmental Law. Juridica Lapponica (10)
Authors: Bengtsson
Published: November 2003

No Abstract
Conceptualising the Relationship between Jus Cogens and Erga Omnes Rules
Authors: Byers
Published: November 2003

Few concepts in international law have attracted as much attention or created as much controversy as jus cogens and erga omnes rules. This article attempts to show that jus cogens rules are rules of customary international law, and then to elucidate the relationship between these customary rules and the concept of erga omnes. This article explains that: in contrast to jus cogens rules, erga omnes rules may arise either as customary rules or through treaties; a jus cogens or erga omnes rule could apply to only a limited number of States; although jus cogens rules are necessarily erga omnes rules, erga omnes rules could exist which were not of a jus cogens character.
By All Means, Intervene! (The Security Council and the Use of Force under Chapter VII of the UN Charter in Iraq (to protect the Kurds), in Bosnia, Somalia, Rwanda and Haiti)
Authors: Österdahl
Published: November 2003

In recent years the UN Security Council has on numerous occasions handled situations involving gross human rights violations. In order to be able to take the action considered necessary the Security Council has applied the notion of ``threat to the peace'' in Article 39 of the UN Charter to situations which do not necessarily constitute such threats. This article examines the cases of use of force under Chapter VII of the UN Charter in Iraq (to protect the Kurds), Bosnia, Somalia, Rwanda and Haiti. Drawing upon these experiences, the author argues that a reconstruction of the notion of ``threat to the peace'' is needed. It is suggested that gross violations of human rights should be considered as threatening peace by definition and that in particularly serious situations the Security Council is justified in taking action under Chapter VII even if a threat to international peace cannot be determined.
Pandora's Box: Reviewing the Composition of the UN Security Council in the Light of British and French Experience 1945–1963
Authors: Sihvo
Published: November 2003

This article aims to throw a light on the problems relating to the proposed enlargement of the composition of the UN Security Council at present by studying the creation of four non-permanent seats in the Security Council in 1963 from the British and the French perspectives. The examination is based on the author's research of original documents in the archives of the British and French foreign ministries and upon information provided to the author by British, French and Finnish diplomats. The author concludes that, as between 1946 and 1963, British and French short term interests are still best served by maintaining the status quo in the Security Council. However, in a long term perspective it is not clear where the interests of these two States lie.
The Democratic Legitimacy of Refugee Law
Authors: Noll
Published: November 2003

Having left their home country, 18 million refugees and other protection seekers cannot exert their rights to democratic participation. As a consequence, they are deprived of all influence on a legal instrument of existential importance for them, namely the grant of asylum. Can the exclusion of refugees from the framing of aliens legislation be justified?The analysis carried out in this text proceeds in three steps: First, an empirical exploration of international law reveals a tendency towards the emergence of universal implementation of the ideal of democracy. However, this tendency is clearly limited by the concept of citizenship as the crucial link between actor and political structure. The following inquiry into the conceptual roots of democracy and sovereignty identifies the theoretical foundation for the tendency towards universal implementation. Simultaneously, it emerges that insistence on a particularistic sovereignty concept solely professing national interest is logically incompatible with the rationale behind democratic statehood: to realise individual autonomy. Shifting perspective in the last approach, the possibility of a nexus between exclusionary norm creation and disrespect for refugee and immigration law is established by means of contemporary legitimacy theory.
The Future of the Nordic Environment Protection Convention
Authors: Koivurova
Published: November 2003

The Nordic Environmental Protection Convention (NEPC) has been in force over 20 years. At present, however, its future depends very much on the coming into force of the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention).It is the purpose of this article to analyze the consequences of the coming into force of the Espoo Convention to the applicability of the NEPC. Of importance is to understand how much overlap exists between these two conventions, and review which rules govern this overlap. Although some norms of the NEPC will be replaced by the Espoo Convention, the practical influence of the NEPC to the management of transboundary pollution problems may actually increase. Also, as some already concretized cases show, the Espoo Convention provides a much more efficient way of handling the potential environmental conflicts between states.
André de Hoogh, Obligations Erga Omnes and International Crimes. A Theoretical Inquiry into the Implementation and Enforcement of the International Responsibility of States
Authors: Lysé
Published: November 2003

No Abstract
Duties to Implement Reproductive Rights
Authors: Fathalla  , Cook
Published: November 2003

This abstract explores the nature of states' duties to respect, protect and fulfill reproductive rights. It outlines the means to hold states accountable at the international level to implement reproductive rights. It analyzes how events-based and standard-based data can be used to show whether states are in compliance with or in violation of their obligations to implement reproductive rights and to determine the effectiveness of remedies. It concludes with a call for greater collaboration among reproductive health professionals and human rights activists to ensure greater protection and promotion of reproductive rights.
Completing the ``International Criminal Order''
Authors: Tallgren
Published: November 2003

Recent efforts in the United Nations to establish a comprehensive system of international criminal repression by creating a permanent international criminal court are by no means free from doubts regarding the possibility ever to enforce such law. The preamble of the draft statute prepared by the International Law Commission states the basis on which the court is to assert jurisdiction in an ambitious manner: it is the ``International Community'', joining against ``the most serious crimes of international concern''. The project cannot, however, ignore decades of realist criticism against the assumption of the existence of an international community that is ready to accept an international criminal jurisdiction. In the negotiations, this contradiction is dealt with by a technique provided with an ambiguous name: ``complementarity'', i.e. the coordination of the tasks of the international and domestic jurisdiction. The writer discusses the various ideas and proposals presented under the heading of ``complementarity'' in order to examine the tension between communitarian and sovereignty-based strands in the international project to create an effective criminal jurisdiction.
Genocide in Rwanda: Lessons Learned and Future Challenges to the UN Human Rights System
Authors: Nygren Krug
Published: November 2003

In light of the 50th anniversary of the Universal Declaration of Human Rights and the new challenges of our time, beginning with the end of the Cold War, the recent spread of democracy, and explosion of ethnic and religious turmoil around the world, we need to reexamine critically the complex web of UN human rights machinery. This paper does so by using the 1994 genocide in Rwanda as a case study. It contrasts the violent reality of the genocide with how the UN human rights system reacted. This analysis reveals that many early warning signals emanate from the UN human rights system but that they often go unheard due to the lack of any formal procedures and mechanisms for early warning and for rapid responses. This paper therefore argues for the need to develop and adopt a coherent system for early warning and, finally, seeks to identify some creative ways to strengthen the role of the various human rights bodies in reacting to massive scale human rights violations.
Generation of the Maritime Limit – A Potential Example of Transfer of Technology
Authors: Thamsborg
Published: November 2003

As provided in the 1982 Convention on the Law of the Sea, Article 1, the Area means the sea-bed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction. In practical terms this implies that the bounds of the Area coincide with the 200 nautical mile line of the coastal States in toto by far the greater part of the oceans and seas. Therefore, the exact and consistent determination of the continuous boundary line is of major interest both in a national and an international perspective. By way of introduction the present paper discusses the characteristics and application of the maritime limit in general. Having regard to the merging of national and international interests in the determination of the 200 nautical mile line in particular, the reader's attention is subsequently drawn to the provisions of the Convention on ``Transfer of Technology'' (Article 144) which seem to apply perfectly to the present case. An account on the overall administrative aspects of such cooperation concludes the paper.
Serge Latouche, The Westernization of the World
Authors: Nergelius
Published: November 2003

No Abstract
Henryk Leszek Zielinski, Health and Humanitarian Concerns. Principles and Ethics, Guidelines for Red Cross/Red Crescent Health Professionals
Authors: Tomaševski
Published: November 2003

No Abstract
Hans-Georg Maaßen, Die Rechtsstellung des Asylbewerbers im Völkerrecht
Authors: Noll
Published: November 2003

No Abstract
An Analysis of Some of the Principal Legal Questions Relating to U.N. Weapons Inspections in Iraq
Authors: Zedalis
Published: November 2003

The multi-year U.N. weapons inspection program in Iraq has encountered numerous difficulties. Its basic objectives have been to ascertain the extent of Iraq's atomic, biological, and chemical weapons, and ballistic missile systems, and then to undertake efforts designed to eliminate such and complicate that nation's ability to reconstruct that arsenal. A wide variety of legal issues surround the operation of the inspection program. Some of these arise from the seminal U.N. resolutions on the subject, and associated operational documents drafted by the Secretary-General, while others arise from the February 23, 1998, Memorandum of Understanding between Secretary Kofi Annan and the Iraqi government. In this article, six of the principal legal issues are subjected to analysis. It is suggested that ambiguity affects some, but not all of the issues. Nevertheless, the ambiguity that is extant, though presenting the potential for complex and unsettling difficulties, has permitted the development of an inspection regime unprecedented in international law.
Postglacial Land Uplift and the Autonomous Åland Islands as a Demilitarized Zone
Authors: Ekman
Published: November 2003

The impact of postglacial land uplift on the geographical extent of the demilitarized zone of the autonomous Åland Islands is discussed. Ambiguities and inconsistencies in the Åland Convention, on the order of nautical miles, are revealed; they are due not only to the land uplift itself, but also to unclear definitions of coordinates. Further complications are caused by disagreements between the autonomy boundary and the demilitarization boundary. Suggestions for solving the problems are given, including minor amendments and clarifications of the Åland Convention, and also a minor amendment of the Autonomy Constitution of Åland.
Elements of Nordic Practice 1997: The Nordic Countries in Coordination
Authors: Magnuson
Published: November 2003

No Abstract
The Treaty of Maastricht vs. the Danish Constitution
Authors: Lachmann
Published: November 2003

No Abstract
The Undesirability of Soft Law
Authors: Klabbers
Published: November 2003

This article investigates some of the drawbacks of the notion of soft law, with special reference to the European Union context. The author argues that soft law, useful as it may seem at first sight, is conceptually awkward, and in particular when emanating from administrative authorities may give rise to some undesirable consequences.
Hjalte Rasmussen, The European Court of Justice
Authors: Broberg
Published: November 2003

No Abstract
The Dolly-Dollar Dichotomy: Animal Cloning Restrictions and the Competitiveness of the European Biotech Industry
Authors: Rosén
Published: November 2003

Objective: Review of animal cloning legislation (legal restrictions) and its potential impact on the competitiveness of the European biotech industry.Material and methods: Review and comparison of enacted and pending international legislation on animal cloning techniques (US and EU), analyzing materials obtained by database searches and direct contact with EU and US officials. Market prices on therapeutic hormones were provided by Apoteksbolaget, Sweden. The estimations for the production capacity of transgenic animals are based on information from Genzyme USA, and include results obtained from a review of international articles on animal cloning.Results: Recent scientific and technological progress in modern cloning techniques holds promise to be able to produce an increased amount of cheaper human therapeutics (growth hormone, factor IX, etc.) in the near future. Animal cloning restrictions, as recently introduced in Holland, could thus, if spread to other EU Member States, have a stigmatizing effect upon these developments. This, of course, would have serious implications for the competitiveness of the European biotech industry, reducing the expected employment potential in this field. The European situation can be usefully compared with the developments in the US, where no animal cloning restriction is foreseen in the currently debated US cloning legislation, which refers exclusively to human cloning restrictions. A relocation of the European biotech industry to the US has already been reported on, a process that would, if continued, subsequently diminish the European potential for influencing future developments in the area.
The General, the Lords, and the Possible End of State Immunity
Authors: Klabbers
Published: November 2003

No Abstract
Sydney D. Bailey and Sam Daws, The Procedure of the UN Security Council
Authors: Conlon
Published: November 2003

No Abstract
The International Law Dimension of the German Minorities Policy
Authors: Heintze
Published: November 2003

Ethnic Germans have traditionally been living in a number of other European states as national minorities. These minorities can in accordance with international law count on the support of their mother country as a protective power. During the Cold War, such German initiatives were often seen in Eastern Europe as interference into internal affairs and accordingly rejected. After the end of the block confrontation a significant number of bilateral agreements have been concluded in which the rights of German minorities are addressed. In these treaties the CSCE/OSCE documents play an important role. Doubtless these documents have no legal force. In the light of the theory of law it seems of great interest that clauses concerning minority protection have been integrated into binding international treaties. The treaties between Germany and Central and Eastern European states are examples for the ongoing process of “legalising” politically binding norms. All include, in one way or another, a reference to the political CSCE/OSCE-agreements relevant for minority protection. The relevant regulations are not only confirmed as binding for the signatory states, but rather that they are, although to varying degrees, being declared as legally effective instruments in bilateral relations. This “upgrade”raises these political norms to norms of international law.
Elements of Nordic Practice 1998: The Nordic Countries in Coordination
Authors: Kaukoranta  , Lehto
Published: November 2003

No Abstract
The First Decade of Namibian Law
Authors: Bogdan
Published: November 2003

The article provides a concise overview of Namibian legal developments since the country became independent in 1990. It presents the constitutional framework of Namibian law, the principle of continued application of pre-independence rules, the history and future of the Roman-Dutch law inherited from South Africa, the role of customary law, and the present state of legal education and the legal profession in the country.
Michael Fraas, Sicherheitsrat der Vereinten Nationen und Internationale Gerichtshof: Die Rechtmäßigkeitsprüfung von Beschlüssen des Sicherheitsrats der Vereinten Nationen im Rahmen des VII. Kapitels der Charta durch den Internationalen Gerichtshof
Authors: de Wet
Published: November 2003

No Abstract
Giuditta Cordero Moss, International Commercial Arbitration. Party Autonomy and Mandatory Rules
Authors: Bogdan
Published: November 2003

No Abstract
Hodgson, D., The Human Right to Education
Authors: Gustafsson
Published: November 2003

No Abstract
Anja Lindroos, The Right to Development
Authors: Hansungule
Published: November 2003

No Abstract
Hindu Nationalism and Muslim Minority Rights in India
Authors: Misra
Published: November 2003

After half a century of experiment with secular politics, India has finally gone fundamentalist, preferring to be ruled by religious nationalists. This mind set among Indian voters is induced intriguing. The mandate for the nationalist Bharatiya Janata Party (BJP), in the recent parliamentary elections is an indication that India's majority Hindus are uncomfortable with their minority Muslim counterparts. Simultaneously, the support of a section of Muslims for the BJP also questions the true nature of secularism in India. Is this behaviour an indication of erosion of faith in secular politics? In this article I explore the roots of majority-minority divide in India. I argue that the rise of Hindu nationalism is a direct response to the politically motivated pseudo-secular ideas of the Congress party that ruled 45 out of 50 years of independent India. Analysing three of the most controversial issues viz. Article 370, Uniform Civil Code and Ram temple, the article evaluates the minority loss and gain in case the BJP succeeds in implementing its policies over these. Finally, it looks into the position of Muslims in a Hindu nation.
Regional Minority Autonomy in the PRC: A Preliminary Appraisal from a Historical Perspective
Authors: Lingyun  , Guobin
Published: November 2003

No Abstract
Brigitte Stern (ed.), Dissolution, Continuation and Succession in Eastern Europe
Authors: Zieck
Published: November 2003

No Abstract
Canadians Discuss Freedom of Speech: Individual Rights Versus Group Protection
Authors: Howard-Hassmann
Published: November 2003

Freedom of speech as an individual right is often thought to interfere with the collective rights of vulnerable groups to protection against threats of violence and demeaning group insults. This study analyzes interviews with 78 Canadian civic leaders that probed their views on this possible rights conflict. For most respondents, freedom of speech is not a core value, but one that must be reconciled with equality, nondiscrimination, and multiculturalism. Most of these Canadians will tolerate some restrictions on freedom of speech, believing such restrictions will promote community harmony and respect for all groups in society. These Canadians hold to a communitarian view of rights, and trust their government to curb free speech rights to protect vulnerable groups. However, ’new’ free speech issues, involving conflicts among members of different vulnerable groups, may point to the need to reinforce individual freedom of speech.
Pekka Aikio & Martin Scheinin (eds.), Operationalizing the Right of Indigenous Peoples to Self-Determination
Authors: Henrard
Published: November 2003

No Abstract
T. Makkonen, Identity, Difference and Otherness. The Concepts of People, Indigenous People and Minority in International Law
Authors: Brölmann
Published: November 2003

No Abstract
Preface
Authors: Alfredsson
Published: November 2003

No Abstract
Why Prevention? — Purpose of the Symposium
Authors: Bjurner
Published: November 2003

No Abstract
The OSCE and Conflict Prevention
Authors: Daag
Published: November 2003

No Abstract
Recent Initiatives by the Secretary-General and the UN System in Strengthening Conflict Prevention Activities
Authors: Kanninen
Published: November 2003

No Abstract
U. Aikio-Puoskari, M. Pentikäinen, The Language Rights of the Indigenous Saami in Finland — Under Domestic and International law; F. Horn (ed.), Sami and Greenlandic Media
Authors: Fitzmaurice
Published: November 2003

No Abstract
How Norms Affect Policy — The Case of Sami Policy in Norway
Authors: Semb
Published: November 2003

No Abstract
The Right to Herd Reindeer in the Light of the Report of the Sami Law Committee
Authors: Bull
Published: November 2003

No Abstract
D. Fottrell, B. Bowring, Minority and Group Rights in the New Millennium
Authors: Vierdag
Published: November 2003

No Abstract
Frank Horn (Ed.), Economic, Social and Cultural Rights of the Maasai; Frank Horn (Ed.), Economic, Social and Cultural Rights of the Sami. International and National Aspects; Frank Horn (Ed.), Economic, Social and Cultural Rights of the Ogoni
Authors: Portin
Published: November 2003

No Abstract
Entitlement, Process, and Legitimacy in the Emergent International Law of Secession
Authors: Okafor
Published: November 2003

No Abstract
Book Review: A.Fenet, G.Koubi, I.Schulte-Tenckhoff, Le Droit et les Minorités. Analyses et Textes
Authors: Vierdag
Published: November 2003

No Abstract
Modern Day Colonialism – Canada's Continuing Attempts to Conquer Aboriginal Peoples
Authors: Switlo
Published: November 2003

No Abstract
Human Rights in the Balkans – The Forgotten Few: Macedonians of Bulgaria
Authors: Daskalovski
Published: November 2003

No Abstract
Democratic Legitimacy and Election Rules of National Ethnic Minority1 Bodies and Representatives – Reflections on Legal Solutions in Hungary and Slovenia
Authors: Korhecz
Published: November 2003

‘[i]t is essential...that, where the numbers warrant, minority language parents possess a measure of management and control over educational facilities in which their children are taught. Such management and control is vital to ensure that their language and culture flourish. It is necessary because a variety of management issues in education, e.g., curricula, hiring and expenditures, can affect linguistic and cultural concerns.’2 – Supreme Court of Canada
Human Rights NGOs and their Role in the Promotion and Protection of Rights in Africa
Authors: Appiagyei-Atua
Published: November 2003

‘NGOs and, more generally, organizations of the civil society, no longer simply have a consumer relationship with the United Nations. They have increasingly assumed the role of promoters of new ideas, they alerted the international community to emerging issues, and they have developed expertise and talent which, in an increasing number of areas, have become vital to the work of the United Nations, both at the policy and operational levels.’
The Legal Status of Sorbian Minority in the Federal Republic of Germany
Authors: Thiele  , Foy
Published: November 2003

No Abstract
Education and Minority Rights: A Short Survey of International Standards
Authors: Thornberry  , Gibbons
Published: November 2003

No Abstract
The Content and Aim of Minority Education from the Perspective of the International Instruments
Authors: Packer
Published: November 2003

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

No Abstract
Integration through Education: The Origin and Development of The Hague Recommendations
Authors: Packer  , Siemienski
Published: November 2003

No Abstract
Redeeming the Society which Rejected Them The Mayan Rebellion in South West Mexico
Authors:   Guzmán-Flores,   Martin
Published: November 2003

The impact of the peasant rebellion in southeast Mexico has resonated far beyond the region. Part of the reason for this was the upsurge of unrest in a country whose government was a champion of fast-track neo-liberal reforms. The uprising appeared to be a timely indictment of these economic reforms - a view which seemed further confirmed by the rebellion's coincidence with the creation of the NAFTA. Our paper acknowledges the significance of these facts but argues first for a deeper historical perspective. The Mayan rebellion criticises not only neo-liberalism but also the whole post-revolutionary trajectory. We also argue for the need to take into account a variety of intervening factors which facilitated the rebellion. One inspiration for the rebellion came from an unexpected source - from a radical section of the Catholic Church, a church which had supposedly been buried as a political force for over a hundred years. The combination of theology of liberation and the sensitivity of post-1968 radicals to indigenous traditions behind the uprising exposed the extent to which the Mexican elite had systematically disregarded the condition of the indigenous population.
Ethnicity, Xenophobia and the Boundaries of Europe
Authors: Shore
Published: November 2003

This paper will argue that the political and economic integration of the European Union has played a crucial role in helping the spread of xenophobia and ethnic conflict across the continent. The redrawing of boundaries within the European Union and the increasing restrictions on those outside the EU does not solely involve internal policies of the EU and member nation states but also entails a process of capitalist reconstruction and globalisation. Confronted with the contradictions involved in the move towards supra-national centralisation and economic globalisation people are encouraged to reinvent their ethnicity and engage in ethnic conflict. Attempts to define Europe as a cultural entity also deepen these contradictions and official claims concerning 'Europe's civilising role' fail to appreciate the ways in which the EU has acted as a catalyst for xenophobia through a failure to confront the deepening contradictions, especially the racism which has always represented the darker side of modernity.
Editor's Note
Authors: Alexander
Published: November 2003

No Abstract
Polish Law and Policy towards National Minorities
Authors: Mikolajczyk
Published: November 2003

This article sets out which Polish laws contain rules for the protection of minorities. The obligations of the Republic of Poland in this field arise from various international law instruments, such as the Framework Convention on the Protection of National Minorities. The democratic transformations of 1989 affected the legal and social situation of minorities in Poland. Although the author finds the efforts of the Polish government to protect minority rights laudable, she concludes that there is still room for improvement and calls for a general law dealing with national minorities.
Hungarian National Minorities: Recent Developments and Perspectives
Authors: Edwards
Published: November 2003

Hungary is developing domestic policies that aim to halt the assimilation of its national minorities and, particularly, to help overcome the traditional multiple-disadvantages of the Roma minority. Laws have been passed on the protection of the minorities, the creation of local and national minority self-governments and the office of Ombudsman for National Minorities. The situation of four of the minorities is briefly sketched - Roma, Germans, Bulgarians and Slovaks. A much larger problem in Central Europe is the position of Hungarian minorities in neighbouring states, particularly Romania, Slovakia, and Serbia. During the difficult transition from communism to democracy, from planned to market economy - and coinciding with nation state-building and the re-emergence of nationalism among minority and majority communities - the possibilities of discord have increased. Problems are examined here. Despite this, much has been achieved in less than a decade. The seeds of reconciliation between Hungary and her neighbours are slowly being sown. The ultimate, longer term, solution lies in European integration.
The Rights of Turkish Immigrants in the European Union
Authors: Cicekli
Published: November 2003

The main purpose of this article is to provide a framework of international legal conventions which may amount to an 'umbrella regime' for EU member states as regards their treatment of Turkish migrants, thus supplementing the protection already available in domestic law. To this end, the study pulls together analyses of relevant parts of international and supra-national law within the context of Turkish migrants in Europe which are applicable in protecting the rights of immigrants. In particular, the Ankara Association Agreement of 1963 and its components have put Turkish migrants in a more favourable position than most of the other non-EU migrants, hence creating a sort of 'intermediate' regime for them. The study has confirmed that the developments under the EU law have remained and will remain the main source of progress as far as the rights of Turkish migrants are concerned. Nevertheless, it also draws attention to a significant counter effect of such positive developments; that is, the danger of unwillingness on the part of the EU member states to enlarge the scope of the rights granted to Turkish immigrants under the above-mentioned legal frameworks.
Scottish Devolution: Accommodating a Restless Nation
Authors: Munro
Published: November 2003

The article traces the recognition of Scotland within constitutional arrangements. It argues that Scotland is best regarded as a nation, within the union state of the United Kingdom. Historically, Scotland was a separate nation state before 1707. After the union, as part of the United Kingdom, Scotland retained its own legal system and was treated differently in several ways. Since 1885 particularly, measures of devolution have been used in order to appease demands, or accommodate Scottish identity within the union. The Scotland Act 1998, which creates a separately elected Parliament and executive for Scotland is therefore not the first step in that process. The reform is a calculated gamble, and there are grounds to doubt whether the latest accommodation will satisfy.
In a State of Flux: Self-Determination and the Collapse of Yugoslavia
Authors: Tierney
Published: November 2003

This article revisits the collapse of Yugoslavia and the impact which the recognition policy of the European Community at the time may have had upon the international law of self-determination. It begins with an overview of the principle of self-determination and of its internal and external dimensions. It reviews briefly the history of the principle in particular its 'colonial' model. The article then chronicles the collapse of Yugoslavia and analyses the importance of human rights and the principle of democratic government in the recognition policy applied by the EC. It concludes that the application of new recognition criteria by the Community may have helped reshape the meaning of self-determination as an international legal right.
The Oslo Recommendations Regarding the Linguistic Rights of National Minorities: An Overview
Authors: Eide
Published: November 2003

No Abstract
Vienna Seminar on the Linguistic Rights of National Minorities 27-28 February 1998
Authors: Siemienski
Published: November 2003

No Abstract
Towards an Integral Theory of Nationalism? Case-Study Kosovo
Authors: Daskalovski
Published: November 2003

No Abstract
Editorial
Authors: Bohlander
Published: November 2003

No Abstract
Practice and Procedure of the International Criminal Tribunal for the former Yugoslavia, With Selected Materials from the International Criminal Tribunal for Rwanda, John E. Ackerman and Eugene O'Sullivan
Authors: Bohlander
Published: November 2003

No Abstract