The Weaknesses in the International Protection of Minority Rights

Couverture
Martinus Nijhoff Publishers, 13 avr. 2000 - 268 pages
The issue of minority rights continues to occupy a sensitive position in international law. Historical as well as contemporary events show that the subject is also capable of engulfing the international community as a whole. The contention of the present study is that international law is in itself a difficult medium for providing adequate rights for minorities and for effectively safeguarding those rights. This volume analyses the weaknesses in the international protection of minority rights through a detailed examination of the practices and policies of Pakistan. Thought-provoking and original in its approach, this volume will prove to be of enormous value to international human rights lawyers and to scholars engaged in the study of minority rights in South-Asia and Pakistan.
 

Table des matières

INTRODUCTION
3
CONCEPTUAL ANALYSIS OF THE RIGHTS
10
Meaning of ethnicity religion and language in the context
19
HISTORICAL EVOLUTION OF THE CONCEPT
31
The protection of minorities and international law the modern phase
37
Post Second World War developments and a shift away from minority
42
MINORITIES AND THE RIGHT TO PHYSICAL
51
International customary law and the scope of the prohibition
60
108
130
THE RIGHT TO EQUALITY AND NON
133
Discrimination based on language and ethnic origin
140
Ambiguity in the means of acquiring de facto equality
153
MINORITIES AND THE RIGHT TO AUTONOMY
165
Recent developments in international law and the movement towards
173
Problems associated with the recognition and implementation
185
Conclusions
193

Conclusions
75
THE RIGHT TO PHYSICAL EXISTENCE
82
Genocide in the former East Pakistan
88
Issue of the punishment of individuals involved in genocide
95
MINORITIES AND THE RIGHT TO EQUALITY
104
The crystallisation of the right to racial equality
113
Jus cogens
120
Conclusions
127
MINORITIES OF PAKISTAN AND THE ISSUE
203
Conclusions
218
CONCLUDING OBSERVATIONS
225
SELECT BIBLIOGRAPHY
233
MAPS
245
International Crimes Tribunal Act 1973 Bangladesh
252
BangladeshIndiaPakistan Agreement on
259
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