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The concept of group rights in international law. Groups as contested right-holders, subjects and legal persons (Dissertation Universität Zürich, 2011)


Bisaz, Corsin (2012). The concept of group rights in international law. Groups as contested right-holders, subjects and legal persons (Dissertation Universität Zürich, 2011). Leiden: Martinus Nijhoff Publishers.

Abstract

The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in contemporary international law. Among some of its findings is the observation that an ideological way of arguing about this legal category is widespread
among scholars as well as practitioners; it sees this ideological framing as one of the main reasons why international law has so far been very reluctant to provide group rights and to call them by their name. Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through international law. Such an approach could turn group rights into an arguably minor, but nevertheless, highly relevant legal category of international law.

Abstract

The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in contemporary international law. Among some of its findings is the observation that an ideological way of arguing about this legal category is widespread
among scholars as well as practitioners; it sees this ideological framing as one of the main reasons why international law has so far been very reluctant to provide group rights and to call them by their name. Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through international law. Such an approach could turn group rights into an arguably minor, but nevertheless, highly relevant legal category of international law.

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Additional indexing

Item Type:Monograph
Communities & Collections:02 Faculty of Law > Institute of Legal Sciences > Constitutional, Administrative and International Law
Dewey Decimal Classification:340 Law
Language:German
Date:2012
Deposited On:15 Dec 2017 09:50
Last Modified:17 Feb 2018 01:58
Publisher:Martinus Nijhoff Publishers
Series Name:The Raoul Wallenberg Institute Human Rights Library
Volume:41
ISBN:978-90-04-22870-2 (print) / 978-90-04-22871-9 (ebook)
OA Status:Closed
Related URLs:https://www.recherche-portal.ch/ZAD:default_scope:ebi01_prod010213052 (Library Catalogue)
http://www.brill.com/concept-group-rights-international-law (Publisher)

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