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Full-Text Articles in Law

Article 13 World Heritage Committee And International Assistance, Ana Filipa Vrdoljak Jan 2008

Article 13 World Heritage Committee And International Assistance, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

The core framework created by the 1972 World Heritage Convention ('WHC') which has rendered it innovative and successful is made up of three elements: international assistance, the World Heritage Fund ('Fund') and the World Heritage Committee ('Committee'). While the World Heritage List raises the profile of the properties in the public eye; it is the possibility of financial and technical assistance which has proved an additional incentive for states to sign-up to the Convention. The creation, maintenance and evolution of this international assistance under the Convention has only been possible through the combined effect of the Committee and the Fund. …


Self-Determination And Cultural Rights, Ana Filipa Vrdoljak Jan 2008

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 Jan 2008

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 …


Remembering And Reconciliation: An International Law Perspective, Ana Filipa Vrdoljak Jan 2008

Remembering And Reconciliation: An International Law Perspective, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Most states are going through or have gone through periods of ‘transition’ which have involved a collective confrontation with past painful events. However, since the 1990s, there has been a proliferation of legal and non-legal mechanisms created to promote reconciliation and accountability in post-authoritarian or post-conflict societies. These mechanisms have been heavily influenced by (and have influenced) international law norms in the field of human rights, humanitarian law and international criminal law. Failure to address promptly and effectively the lingering legacy of gross violations of human rights law or serious violations of international humanitarian law impact on victims directly and …