Democracy, Minorities and International Law (Cambridge Studies in International and Comparative Law, Series Number 42)

This work explores the contribution that international law may make to the resolution of culture conflicts - political disputes between the members of different ethno-cultural groups - in democratic States. International law recognises that persons belonging to minorities have the right to enjoy their own culture and peoples have the right to self-determination without detailing how these principles are to be put into effect. The emergence of democracy as a legal obligation of States permits the international community to concern itself with both the procedure and substance of 'democratic' decisions concerning ethno-cultural groups. Democracy is not to be understood simply as majority rule. Cultural conflicts in democratic States must be resolved in a way that is either acceptable or defensible and defeasible to all citizens, including persons belonging to ethno-cultural minorities. Democracy, Minorities and International Law examines the implications of this recognition. This Work Explores The Contribution That International Law May Make To The Resolution Of Cultural Conflicts - Political Disputes Between The Members Of Different Ethno-cultural Groups - In Democratic States. International Law Recognises That Persons Belonging To Minorities Have The Right To Enjoy Their Own Culture And Peoples Have The Right To Self-determination, Without Detailing How These Principles Are To Be Put Into Effect. The Emergence Of Democracy As A Legal Obligation Of States Permits The International Community To Concern Itself With Both The Procedure And The Substance Of 'democratic' Decisions Concerning Ethno-cultural Groups. Democracy Is Not To Be Understood Simply As Majority Rule. Cultural Conflicts In Democratic States Must Be Resolved In A Way That Is Either Acceptable Or Defensible And Defeasible To All Citizens, Including Persons Belonging To Ethno-cultural Minorities. Democracy, Minorities And International Law Examines The Implications Of This Recognition.--jacket. The Rights Of Minorities -- The Self-determination Of Peoples -- Democracy. Steven Wheatley. Includes Bibliographical References And Index. Cambridge Studies in Internationa and Comparative Law is a forum for high-quality studies in the fields of public and private international and comparative law. Although these are distinct legal sub-disciplines, developments since 1946 confirm their interrelation. Comparative law is increasingly used as a tool in the making of law at national, regional and international levels. Private international law is now often affected by international conventions, and the issues faced by classical conflicts rules are frequently dealt with by substantive harmonisation of law under international auspices. Mixed international arbitrations, especially those involving State economic activity, raise mixed questions of public and private international law, while in many fields (such as the protection of human rights and democratic standards, investment guarantees and international criminal law) international and national systems interact. National constitutional arrangements relating to 'foreign affairs', and to the implementation of international norms, are a focus of attention. This work explores the contribution that international law may make to the resolution of culture conflicts--political disputes between the members of different ethno-cultural groups--in democratic States. International law recognizes that persons belonging to minorities have the right to enjoy their own culture and peoples have the right to self-determination without detailing how these principles are to be put into effect. The emergence of democracy as a legal obligation of States permits the international community to concern itself with both the procedure and substance of 'democratic' decisions concerning ethno-cultural groups. Examines the regulation of cultural conflicts from the perspective of international law