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Justifications of Minority Protection in International Law
This volume examines minority protection in international law. Its task is twofold: to examine existing methods of minority protection, and to analyse the underlying justifications of minority protection as reflected in international legal standards and discourse. Part I outlines the theoretical framework; Part II addresses minority protection and its justifications in the League of Nations, the Council of Europe, the OSCE and the United Nations. Finally, the author argues that it is possible to develop a working holistic approach to minority protection combining protection of peace, human dignity and culture.
Latin American Theories of Development and Underdevelopment
Upon its publication in 1989, this was the first systematic and comprehensive analysis of the Latin American School of Development and an invaluable guide to the major Third World contribution to development theory. The four major strands in the work of Latin American Theorists are: structuralism, internal colonialism, marginality and dependency. Exploring all four in detail, and the interconnections between them, Cristobal Kay highlights the developed world’s over-reliance on, and partial knowledge of, dependency theory in its approach to development issues, and analyses the first major challenges to neo-classical and modernisation theories from the Third World.
Interdependent Development
Rather than being a book about ‘development’ per se, this work, first published in 1975, is instead a book about ideas about development, designed for those drawn by a concern over social injustice into the development field. In a selective review of theory, which gives particular emphasis to the spatial dimension in Western, Marxist and neo-Marxist thought, Harold Brookfield traces the evolution of ideas about world inequality and the problem of development from the days before the ‘underdeveloped countries’ were considered to be a major problem, through the years dominated by ‘economic growth’, to the more searching approaches of the contemporary era. The central argument of the book is that development is a ‘totality’, which cannot properly be understood by separation into parts. The ‘developed’ and ‘underdeveloped’ countries constitute one interdependent system, and change in one cannot be understood without consideration of the other.
Living on Borrowed Time
The global financial crisis has shattered the illusion that all was well with capitalism and forced us to confront the great challenges we face today with a new sense of urgency. Few are better placed to do this than Zygmunt Bauman, a social thinker whose writings on liquid modernity have pioneered a new way of seeing the world in which we live at the dawn of the 21st Century. Our liquid modern world is characterized by the transition from a society of producers to a society of consumers, the natural extension of which is the society of perpetual debtors. The ruling idea of the society of consumers is to prevent needs from being satisfied and to create demand; its natural extension is to ena...
Struggle in the Andes
A massive land-seizure movement first erupted in Peru in 1958 and spread across the Andean highlands in 1963–1964. Several hundred peasant communities in the Peruvian Andes occupied neighboring haciendas in an attempt to retake lands they felt had been stolen from them over the years. Hacienda peasants also participated in this movement, forming peasant sindicatos (unions) to improve their labor conditions. The land-seizure movement brought with it an upsurge in community political mobilization. Throughout the highlands, village leaders banded together in regional federations, often allying themselves with progressive or radical urban groups. Radical activists from labor unions and univers...
The UN Declaration on the Rights of Indigenous Peoples
The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it repre...
Lawful Conquest?
The global expansion of European colonization is commonly perceived as lawful according to the valid European colonial law of the time. This book is substantially challenging this belief by uncovering its legal justifications based on discovery and terra nullius as retrospectively created legal fictions and demonstrating it ́s untenability in practice. Focused on the critical reconstruction of Spanish and Dutch colonization practices in northeastern South America, Trinidad and Tobago between 1498 and 1817, the book offers an illuminating view on the European shadow of the colonial past in the Americas. Based on the application of an innovative comparative spatio-legal Global History approac...
The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child
This is the first comprehensive treatment of the topic of the Rights of the Child as reflected in the jurisprudence of the Inter-American Court of Human Rights. It reviews all decisions of the Inter-American Court relating to the Rights of the Child and analyses the principles held therein making them available to practitioners, academics and students of this area of the law.
Community and Collective Rights
This book presents an argument for the existence of moral rights held by groups and a resulting account of how to reconcile group rights with individual rights and with the rights of other groups. Throughout, the author shows applications to actual legal and political controversies, thus tying the normative theory to actual legal practice. The author presents collective moral rights as an underlying normative explanation for various legal norms protecting group rights in domestic and international legal contexts. Examples at issue include rights held by indigenous peoples, by trade unions, and by religious and cultural minority groups. The account also bears on contemporary discussions of multiculturalism and recognition, on debates about reasonable accommodation of minority communities, and on claims for third generation human rights. The book will thus be relevant both to theorists and to legal and human rights practitioners interested in related areas.
Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law
This volume is the sixth in the Series The Judges, which collects and synthesizes the opinions of leading international Judges of the contemporary era who have contributed significantly to the progressive development of international law. The current volume contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade, former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (...
