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Self-Determination And Cultural Rights, Ana Filipa Vrdoljak
Self-Determination And Cultural Rights, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
Self-determination has broadly two components: one relates to participation and the other concerns identity. Until recently, contemporary discourse on self-determination has largely centred on the former. Yet, from its earliest conceptions, self-determination has been inextricably tied to notions of identity of peoples - and cultural rights. This paper examines the evolving link between self-determination and cultural rights in modern international law. By detailing this often tandem, sometimes overlapping, development, it is argued that the reformulation and reinforcement of self-determination in recent decades has had an accompanying impact upon cultural rights.
Access To Justice For Minority Groups, Ana Filipa Vrdoljak
Access To Justice For Minority Groups, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
From the 1648 Treaty of Westphalia to the present-day efforts to resolve the fate of Kosovo, the community of states have continually been preoccupied with minorities. The demarcation of state territorial boundaries often means that there are groups distinguishable from the governing elites or majority. This situation may result in discrimination or persecution of minorities and their members; or conversely, agitation by the minority or its representatives for special treatment or secession.
The threat that this potentially volatile situation poses for regional and international peace and security explains the international community's recurring efforts in the field. It is not surprising …