Self-Determination and National Minorities

This meticulously researched book explores the relationship between self-determination and minority rights in international law. Highly detailed in its treatment of the subject, this volume looks at recent events, such as the atrocities in the former Yugoslavia, and provides the reader with significant clarification of the legal issues involved.

Abbreviations

xxvi

Table of Cases

xxvii

Table of Treaties

xxxi

Table of Legislation

xliv

Introduction

1

(1)

The Origins of National Consciousness

2

(13)

Introduction

2

(1)

Popular Sovereignty and Representative Government

2

(2)

The Growth of Nationalism

4

(3)

The Creation of Nation-States

7

(2)

National Minorities

9

(4)

Conclusion

13

(2)

Self-Determination and the First World War

15

(17)

Introduction

15

(1)

Promises Made by the Belligerents During the War

15

(2)

Self-Determination and the Bolsheviks

17

(5)

Self-Determination and Woodrow Wilson

22

(2)

The Disintegration of Austro-Hungary

24

(2)

The Peace Conference

26

(4)

The Attempt to Include Self-Determination in the League of Nations Covenant

30

(1)

Conclusion

31

(1)

The Inter-War Years: The Minorities Treaties Regime

32

(30)

Introduction

32

(1)

The Aaland Islands Dispute

32

(5)

Background to the Minorities Treaties Regime

37

(4)

Provisions of the Minorities Treaties

41

(3)

Procedure Under the Minorities Treaties

44

(2)

The German-Polish Convention Relating to Upper Silesia

46

(2)

Decisions of the Permanent Court of International Justice

48

(7)

Breakdown of the Minorities Treaties Regime

55

(2)

Self-Determination in the Inter-War Years

57

(3)

Conclusion

60

(2)

Self-Determination in Modern International Law: International Instruments and Judicial Decisions

62

(29)

Introduction

62

(1)

The United Nations Charter

62

(4)

The International Human Rights Covenants

66

(3)

General Assembly Resolutions

69

(8)

Decisions of the International Court of Justice

77

(13)

Conclusion

90

(1)

Self-Determination in Modern International Law: The Practice of States

91

(35)

Introduction

91

(1)

Self-Determination and Decolonization

91

(5)

Self-Determination and Representative Government

96

(6)

Self-Determination and Ethnic Groups

102

(6)

Post Cold-War Developments in Central and Eastern Europe

108

(16)

Conclusion

124

(2)

The Protection of Minorities in Modern International Law

126

(22)

Introduction

126

(1)

Treatment of National Minorities in the Immediate Post-War Period

127

(2)

The United Nations Charter and the Universal Declaration of Human Rights

129

(1)

Multilateral Conventions

130

(3)

Bilateral Treaties

133

(2)

The International Covenant on Civil and Political Rights

135

(4)

The Helsinki Declaration

139

(2)

Post Cold-War Developments

141

(5)

Conclusion

146

(2)

Definitions of the Term `People'

148

(32)

Introduction

148

(1)

Kelsen's Definition: The State as the People

148

(1)

The Decolonization Definition

149

(2)

The Representative Government Definition

151

(3)

The Ethnic Definition

154

(13)

Minorities

167

(5)

Indigenous Populations

172

(5)

Conclusion

177

(3)

Secession

180

(31)

Introduction

180

(1)

The Principle of Territorial Integrity

180

(1)

The United Nations Charter

181

(2)

Secession and Non-Self-Governing Territories

183

(5)

Secession and Independent States

188

(12)

The Disintegration of Yugoslavia

200

(7)

Autonomy

207

(1)

Conclusion

208

(3)

Irredentism

211

(28)

Introduction

211

(1)

Irredentism and Territorial Integrity: The Case of Somalia

211

(5)

Irredentism and State Concurrence: The Case of Germany

216

(6)

Irredentism and Dissident Minorities: The Case of Cyprus

222

(7)

Irredentism and Emerging States: The Case of Yugoslavia

229

(8)

Conclusion

237

(2)

Historical Title

239

(17)

Introduction

239

(1)

Resolution 1514(XV)

239

(2)

The Western Sahara Case

241

(1)

United Nations Practice

242

(10)

Colonial Enclaves

252

(2)

Conclusion

254

(2)

Epilogue

256

(4)

Bibliography

260

(15)

Index

275

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Self-Determination and National Minorities

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