Managing Babel: The International Legal Protection of Minorities in the Twentieth Century

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Author :
Publisher : BRILL
ISBN 13 : 9047414950
Total Pages : 399 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Managing Babel: The International Legal Protection of Minorities in the Twentieth Century by : Li-Ann Thio

Download or read book Managing Babel: The International Legal Protection of Minorities in the Twentieth Century written by Li-Ann Thio and published by BRILL. This book was released on 2005-01-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Minority protection is integral to a civilised standard of internal good governance. The goal of promoting friendly inter-group relations within states highlights the linkages between constitutionalism and the extending reach of international law in shaping domestic governance and structuring relations between the state, non-state communities and individuals. While law per se cannot guarantee the security and integrity of minority groups, law and legal institutions play a role in promoting a tolerant and pluralistic environment and a multicultural ethos that appreciates, rather than resents, ethno-cultural diversity. This book is a comprehensive, modern study of the important field of international protection of minority rights, focusing on 20th century developments. Minority rights regimes, which address the issue of group identity and autonomy, have essentially been a stabilising force, buttressing state survivability in the face of claims to self-determination or secession. These serve to promote the peaceful co-existence of distinct ethno-cultural groups, captured by the metaphor of ‘Babel’, within existing states. Despite overlaps, the content of minority protection is more modest than the claim of indigenous groups for collective rights or peoples’ rights to self-determination. As part of the contemporary corpus of human rights norms, minority protection may be appreciated as an aspect of the evolving content of the ‘internal’ dimension of the right to self-determination. Chapter 1 introduces some key definitional and conceptual problems in the field of minority protection and presents a brief historical review of international approaches up to 1919. Chapter 2 discusses the League of Nations era. Chapter 3 examines approaches towards minority protection after World War Two as reflected in the drafting of the United Nations Charter and efforts to protect minorities outside the UN regime. In this period, discussed in Chapters 4 and 5, minorities' issues remained largely submerged within the UN project of promoting universal individual human rights. Chapter 6 addresses the post-1989 revival in minorities' issues within the UN; Chapter 7 offers a succinct overview of what might be considered a parallel history with respect to the development of regional human rights schemes and what these afford to minority protection, closing with concluding observations. Meticulously researched, this volume offers a valuable synthesis of this important but often heart-breaking field.

Minority Groups and Judicial Discourse in International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004176721
Total Pages : 305 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Minority Groups and Judicial Discourse in International Law by : Gaetano Pentassuglia

Download or read book Minority Groups and Judicial Discourse in International Law written by Gaetano Pentassuglia and published by Martinus Nijhoff Publishers. This book was released on 2009 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies, particularly in the Americas, Africa and Europe in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group's perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative practical and theoretical perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.

Minority Rights and Liberal Democratic Insecurities

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Publisher : Taylor & Francis
ISBN 13 : 1000781429
Total Pages : 278 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Minority Rights and Liberal Democratic Insecurities by : Anna-Mária Bíró

Download or read book Minority Rights and Liberal Democratic Insecurities written by Anna-Mária Bíró and published by Taylor & Francis. This book was released on 2022-11-11 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the impact of a range of destabilising issues on minority rights in Europe and North America. This collection stems from the fact that liberal democracy did not bring about the “end of history” but rather that the transatlantic region of Europe and North America has encountered a new era of instability, particularly since the global financial crisis. The transatlantic region may have appeared to be entering a period of stability, but terrorist attacks on the soil of Euro-Atlantic states, the financial crisis itself and other changes, including mass migration, the rise of populism, changes in fundamental political conceptions, technological change, and most recently the Covid pandemic, have brought increasing uncertainties and instabilities in existing orders. In these contexts, the book investigates the resulting difficulties and opportunities for minority rights. Bringing together scholars from a range of disciplines who are engaged in work on various unstable orders, the book provides a unique and largely neglected perspective on present developments as well as addressing the pressing issue of the future of the minority rights regime at global, regional and national levels. This book will appeal to those with interests in minority rights, human rights, nationalism, law and politics.

Global Minority Rights

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Author :
Publisher : Routledge
ISBN 13 : 1351933345
Total Pages : 711 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Global Minority Rights by : Joshua Castellino

Download or read book Global Minority Rights written by Joshua Castellino and published by Routledge. This book was released on 2017-05-15 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important volume brings together a range of material in different areas of law and the social sciences that address questions concerning the rights of minorities. The discipline is arguably one of the oldest branches of public international law, and owes its heritage to those who struggled to create standards to protect the numerically inferior and non-dominant communities from the excesses of the majority. While reflecting this rich heritage, the works contained in this volume show the extent to which policy constructs (especially in law) have begun to pay heed to the need to include minorities in different domestic settings across the globe. To provide readers with a structured approach to understanding global minority rights law the editor divides the issues into six main headings, namely: Historical Development; Conceptual Development; Contemporary Challenges; Fundamental Norms of Minority Protection; Specific Rights of Minorities; Human Rights and Minority Rights.

Internal Self-Determination in International Law

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Publisher : Cambridge University Press
ISBN 13 : 1108625681
Total Pages : 293 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Internal Self-Determination in International Law by : Kalana Senaratne

Download or read book Internal Self-Determination in International Law written by Kalana Senaratne and published by Cambridge University Press. This book was released on 2021-08-05 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internal self-determination is an under-explored topic in international law. It is popularly understood to be a principle of relatively recent origin, promoting democratic freedoms to populations and autonomy for minority groups within states. It has also been viewed as a principle receiving the support of Western states, in particular. In this first book-length critical study of the topic, the reader is invited to rethink the history, theory and practice of internal self-determination in a complex world. Kalana Senaratne shows that it is a principle of great, but varied, potential. Internal self-determination promises democratic freedoms and autonomy to peoples; but it also represents an idea which is not historically new, and is ultimately a principle which can be promoted for different and conflicting purposes. Written in a clear and accessible style, this book will be of interest to international lawyers, state-officials, minority groups, and students of law and politics.

Double Standards Pertaining to Minority Protection

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Publisher : BRILL
ISBN 13 : 9004189718
Total Pages : 454 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Double Standards Pertaining to Minority Protection by : Kristin Henrard

Download or read book Double Standards Pertaining to Minority Protection written by Kristin Henrard and published by BRILL. This book was released on 2010-10-05 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume offers a rich compilation of perspectives on (perceived) differential standards of international organisations concerning minority protection. It also addresses the ongoing controversial question of the status of ‘new’ minorities, without neglecting the protection of minorities within minorities.

A Commentary on the International Covenant on Civil and Political Rights

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Publisher : Cambridge University Press
ISBN 13 : 1108585183
Total Pages : 1340 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis A Commentary on the International Covenant on Civil and Political Rights by : Paul M. Taylor

Download or read book A Commentary on the International Covenant on Civil and Political Rights written by Paul M. Taylor and published by Cambridge University Press. This book was released on 2020-07-02 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new and an essential reference work for any international human rights law academic, student or practitioner, A Commentary on the International Covenant on Civil and Political Rights spans all substantive rights of the International Covenant on Civil and Political Rights (ICCPR), approached from the perspective of the ICCPR as an integrated, coherent scheme of rights protection. In detailed coverage of the Human Rights Committee's output when monitoring ICCPR compliance, Paul M. Taylor offers extraordinary access to forty years of its Concluding Observations, Views and General Comments organised thematically. This Commentary is a solid and practical introduction to any and all of the civil and political rights in the ICCPR, and a rare resource explaining the requirements for domestic implementation of ICCPR standards. An indispensable research tool for any serious enquirer into the subject, the Commentary speaks to the accomplishments of the ICCPR in striving for universal human rights standards.

International Approaches to Governing Ethnic Diversity

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191664294
Total Pages : 288 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Approaches to Governing Ethnic Diversity by : Jane Boulden

Download or read book International Approaches to Governing Ethnic Diversity written by Jane Boulden and published by OUP Oxford. This book was released on 2015-02-12 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most remarkable features of the post-Cold War period has been the upsurge of international involvement in questions of ethnic diversity. From the United Nations and the European Court of Human Rights to diverse international philanthropic and advocacy organizations, a wide range of international actors have adopted policies and principles for addressing questions of ethnic rights, identity, and conflict. International Approaches to Governing Ethnic Diversity explores whether and how these international actors contribute to the peaceful and democratic governance of ethnic diversity. It focuses on two broad areas of international work: the evolution of international legal norms regarding the rights of minorities and indigenous peoples, and international approaches to conflict and post-conflict development. The book charts new territory by mapping the range of international actors who affect the governance of ethnic diversity, and exploring their often contradictory roles and impacts. Most international actors come to questions of ethnic diversity indirectly and reluctantly, on the basis of widely varying mandates many of which were established to fulfill other objectives.They naturally therefore have different priorities and perspectives. And yet, the book identifies a striking convergence amongst international actors around discourses of diversity and equality, demonstrating the existence of an epistemic community where actors work within common vocabularies, discourses and principles that attempt to link human rights, pluralism, development and peace.

Minorities of Europeanization

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Author :
Publisher : Lexington Books
ISBN 13 : 0739181491
Total Pages : 197 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Minorities of Europeanization by : Hakan Ovunc Ongur

Download or read book Minorities of Europeanization written by Hakan Ovunc Ongur and published by Lexington Books. This book was released on 2014-11-13 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the societal effects of Europeanization? How successful is the EU’s project to create an overarching European identity representative of all its citizens, transcending national boundaries, and including those previously excluded as national minorities? This study addresses these questions by adapting the Social Identity Theory’s (SIT) concept of “social identity” to the discussions of “European identity,” offering a novel approach that remedies previous definitional and ontological problems of the term. The conceptualization of a “European social identity” is generated here to invite a reconsideration of conventional understandings of how minorities’ group identities are formed. Presenting itself as a challenge to nations and nationality, the European integration process has yet to achieve its supra-national ideal, falling instead into the trap of nationalizing those who are subsumed under the category of minorities in practice—arguably because of a faulty theoretical understanding of the term. The new “Others” of Europeanization have been chosen specifically to emphasize, despite the EU’s “united in diversity” rhetoric, the marked lack of united destiny and common heritage of selected European nationals. Among these new Others, Russophones in the Baltic states, the Roma people, populations of the Western Balkans, immigrants and guest workers, and Muslims residing in European countries have all been excluded from Europe’s new social identity. Through in-depth historical analysis, this book aims to correct this problem, providing both European studies and broader political science literatures with a new understanding of minorities that is more dynamic both in practice and theory.

International Human Rights Law and Practice

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Publisher : Cambridge University Press
ISBN 13 : 1009306391
Total Pages : 1033 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis International Human Rights Law and Practice by : Ilias Bantekas

Download or read book International Human Rights Law and Practice written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2024-02-15 with total page 1033 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its fourth edition, Bantekas and Oette's textbook on international human rights law is the key text around the globe for both undergraduate- and graduate-level courses in law and other disciplines with a human rights dimension. It covers theoretical approaches to rights as well its practice, from grassroots activism to strategic litigation. In addition to classical topics of human rights, the book includes chapters on the interface between investment/trade and human rights, terrorism, the protection of vulnerable persons (such as LGBTQIA+, persons with disabilities, older persons and others), the rights of women, international criminal and humanitarian law, the right to development and sustainable development, reparations and victims' rights, and many others. It has been widely adopted by instructors across the globe for LLM/JD and LLB courses.

Minorities, Rights and the Law in Malaysia

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Author :
Publisher : Routledge
ISBN 13 : 1000050025
Total Pages : 206 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Minorities, Rights and the Law in Malaysia by : Thaatchaayini Kananatu

Download or read book Minorities, Rights and the Law in Malaysia written by Thaatchaayini Kananatu and published by Routledge. This book was released on 2020-03-09 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the mobilisation of race, rights and the law in Malaysia. It examines the Indian community in Malaysia, a quiet minority which consists of the former Indian Tamil plantation labour community and the urban Indian middle-class. The first part of the book explores the role played by British colonial laws and policies during the British colonial period in Malaya, from the 1890s to 1956, in the construction of an Indian "race" in Malaya, the racialization of labour laws and policies and labour-based mobilisation culminated in the 1940s. The second part investigates the mobilisation trends of the Indian community from 1957 (at the onset of Independent Malaya) to 2018. It shows a gradual shift in the Indian community from a "quiet minority" into a mass mobilising collective or social movement, known as the Hindu Rights Action Force (HINDRAF), in 2007. The author shows that activist lawyers and Indian mobilisers played a crucial part in organizing a civil disobedience strategy of framing grievances as political rights and using the law as a site of contention in order to claim legal rights through strategic litigation. Highly interdisciplinary in nature, this book will be of interest to scholars and researchers examining the role of the law and rights in areas such as sociolegal studies, law and society scholarship, law and the postcolonial, social movement studies, migration and labour studies, Asian law and Southeast Asian Studies.

Minorities and Nationalism in Turkish Law

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Author :
Publisher : Routledge
ISBN 13 : 1317095790
Total Pages : 336 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Minorities and Nationalism in Turkish Law by : Derya Bayir

Download or read book Minorities and Nationalism in Turkish Law written by Derya Bayir and published by Routledge. This book was released on 2016-04-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the on-going dilemma of the management of diversity in Turkey from a historical and legal perspective, this book argues that the state’s failure to accommodate ethno-religious diversity is attributable to the founding philosophy of Turkish nationalism and its heavy penetration into the socio-political and legal fibre of the country. It examines the articulation and influence of the founding principle in law and in the higher courts’ jurisprudence in relation to the concepts of nation, citizenship, and minorities. In so doing, it adopts a sceptical approach to the claim that Turkey has a civic nationalist state, not least on the grounds that the legal system is generously littered by references to the Turkish ethnie and to Sunni Islam. Also arguing that the nationalist stance of the Turkish state and legal system has created a legal discourse which is at odds with the justification of minority protection given in international law, this book demonstrates that a reconstruction of the founding philosophy of the state and the legal system is necessary, without which any solution to the dilemmas of managing diversity would be inadequate. Adopting an interdisciplinary approach, this timely book will interest those engaged in the fields of Middle Eastern, Islamic, Ottoman and Turkish studies, as well as those working on human rights and international law and nationalism.

COVID-19 and the Right to Health in Africa

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1040028934
Total Pages : 289 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis COVID-19 and the Right to Health in Africa by : Ebenezer Durojaye

Download or read book COVID-19 and the Right to Health in Africa written by Ebenezer Durojaye and published by Taylor & Francis. This book was released on 2024-05-28 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection draws upon a range of thematic and regional case studies and uses the right to health as a normative framework to explore the devastating impact of the COVID-19 pandemic in Africa. Drawing lessons from across the continent, the book discusses the challenges faced by African states seeking to ensure the availability, accessibility, and quality of health care in the context of the COVID-19 pandemic. In particular, the volume explores the impact of the pandemic on the right to health of vulnerable and marginalized groups, such as women, children, elderly persons with disabilities, refugees and asylum seekers, and people from disadvantaged communities. Due to the poor funding of the healthcare systems, access to health-related services was limited to these groups in many African countries, thereby leading to avoidable COVID-19-related deaths through shortages of vital supplies, including diagnostic tests, ventilators, and oxygen cylinders. Chapters in the volume also explore the contentious issues of vaccine mandates, equity, resource allocation, and the rights of healthcare providers during the pandemic. This collection will be of interest to students of public health, human rights, and the social sciences, as well as to academics and policymakers with an interest in the nexus between the COVID-19 pandemic and public health policy in Africa.

Human Rights Related Trade Measures Under International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004163425
Total Pages : 517 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Human Rights Related Trade Measures Under International Law by : Anthony Cassimatis

Download or read book Human Rights Related Trade Measures Under International Law written by Anthony Cassimatis and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: When does international law allow a State or group of States to adopt trade measures in order to "coerce" another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on "Trade "and" ..." issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.

Modernity, Minority, and the Public Sphere

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Author :
Publisher : BRILL
ISBN 13 : 9004323287
Total Pages : 329 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Modernity, Minority, and the Public Sphere by : S.R. Goldstein-Sabbah

Download or read book Modernity, Minority, and the Public Sphere written by S.R. Goldstein-Sabbah and published by BRILL. This book was released on 2016-07-18 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modernity, Minority, and the Public Sphere: Jews and Christians in the Middle East explores the many facets associated with the questions of modernity and minority in the context of religious communities in the Middle East by focusing on inter-communal dialogues and identity construction among the Jewish and Christian communities of the Middle East and paying special attention to the concept of space.This volume draws examples of these issues from experiences in the public sphere such as education, public performance, and political engagement discussing how religious communities were perceived and how they perceived themselves. Based on the conference proceedings from the 2013 conference at Leiden University entitled Common Ground? Changing Interpretations of Public Space in the Middle East among Jews, Christians and Muslims in the 19th and 20th Century this volume presents a variety of cases of minority engagement in Middle Eastern society. With contributions by: T. Baarda, A. Boum, S.R. Goldstein-Sabbah, A. Massot, H. Müller-Sommerfeld, H.L. Murre-van den Berg, L. Robson, K.Sanchez Summerer, A. Schlaepfer, D. Schroeter and Y. Wallach

Legacies of the Permanent Court of International Justice

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004244948
Total Pages : 425 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Legacies of the Permanent Court of International Justice by : Malgosia Fitzmaurice

Download or read book Legacies of the Permanent Court of International Justice written by Malgosia Fitzmaurice and published by Martinus Nijhoff Publishers. This book was released on 2013-01-09 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Legacies of the Permanent Court of International Justice' assesses the continuing relevance of the first 'world court' and shows how, for better or worse, it has shaped our thinking about binding legal dispute resolution.

Raphael Lemkin and the Concept of Genocide

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Publisher : University of Pennsylvania Press
ISBN 13 : 0812248643
Total Pages : 320 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Raphael Lemkin and the Concept of Genocide by : Douglas Irvin-Erickson

Download or read book Raphael Lemkin and the Concept of Genocide written by Douglas Irvin-Erickson and published by University of Pennsylvania Press. This book was released on 2017 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raphaël Lemkin was one of the twentieth century's most influential human rights figures, coining the word "genocide" in 1942 and working to embed the idea into international law. This book sheds new light on the concept of genocide, exploring the connection between Lemkin's philosophical writings, juridical works, and politics.