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1 - Introduction

Published online by Cambridge University Press:  21 July 2009

Kristin Henrard
Affiliation:
Erasmus Universiteit Rotterdam
Robert Dunbar
Affiliation:
University of Aberdeen
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Summary

Introduction

‘Synergy’ is a word which conveys a range of meanings, and the particular ways in which it is understood for the purposes of this collection will be explored in this introduction. In our view, the notion of ‘synergy’ is particularly relevant to the protection of minorities in international law, owing to the diversity of relevant instruments and international institutions, and we shall therefore precede our discussion of the notion of ‘synergy’ with a broad summary of the most important developments in relation to minority protection, both at a global and at a regional level. We shall conclude with a consideration of the limits of the synergies explored in this collection, and with a speculation, informed by the contributions to this collection, on the future prospects for synergies in minority protection.

Broad developments in relation to minority protection at global and regional level

The broad history of the development of protection for minorities in international law is generally well known. So, too, are the limitations of the various mechanisms for minority protection which have existed at each stage in this development. Prior to the First World War, such protection as existed in international law was generally ad hoc, based primarily on bilateral treaties in response to particular conflicts or potential conflicts involving kin-groups or co-religionists. It was also usually limited in scope, and included only limitations on discrimination, a right to respect for freedom of religion, and, in some cases, a limited right to freedom of expression – or at least a freedom to use a minority language without restriction in private life.

Type
Chapter
Information
Synergies in Minority Protection
European and International Law Perspectives
, pp. 1 - 20
Publisher: Cambridge University Press
Print publication year: 2009

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References

See, e.g., Thornberry, Patrick, International Law and the Rights of Minorities (Oxford: Oxford University Press, 1991)Google Scholar
Capotorti, Francesco, Study on the Rights of Persons Belonging to Ethnic, Religious and Linguistic Minorities, (New York: United Nations, 1991)Google Scholar
‘Introduction’, pp. 1–4; and Ruiz Vieytez, Eduardo, The History of Legal Protection of Minorities in Europe (XVIIth–XXth Centuries) (Derby: University of Derby, 1999), chs. I and II, pp. 11–26, among othersGoogle Scholar
Brownlie, Ian, ‘Rights of Peoples in International Law’, in Crawford, James (ed.), The Rights of Peoples (Oxford: Clarendon, 1998), pp. 15–16Google Scholar
Toggenburg, Gabriel (ed.), Minority Protection and the Enlarged EU: The Way Forward (Budapest: LGI Books, 2004), pp. 125–47
See Hofmann, Rainer, ‘Introduction’, in Weller, Marc (ed.), The Rights of Minorities in Europe: A Commentary on the Framework Convention for the Protection of National Minorities (Oxford: Oxford University Press, 2005), pp. 8–9Google Scholar
See Ekéus, Rolf, ‘The role of the Framework Convention in promoting stability and democratic security in Europe’, in Filling the Frame: Five Years of Monitoring the Framework Convention for the Protection of National Minorities (Strasbourg: Council of Europe, 2004), p. 27Google Scholar
‘Introduction’, in Thornberry, Patrick and Amor, MaríaEstébanez, Martín (eds.), Minority Rights in Europe (Strasbourg: Council of Europe, 2004), p. 10Google Scholar

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