Minority groups and judicial discourse in international law :
Pentassuglia, Gaetano.
Minority groups and judicial discourse in international law : a comparative perspective /
by Gaetano Pentassuglia.
- Leiden ; Boston : Martinus Nijhoff Publishers, 2009.
- xxv, 276 p. ; 25 cm.
- International studies in human rights ; v. 102 .
- International studies in human rights ; v. 102. .
Includes bibliographical references (p. [265]-271) and index.
Contents Minority protection : a story in movements; The UN debate; The emerging fourth movement; Saramaka as an illustration of judicial discourse; A note on terminology and structure; Spaces of group identity; Domestic courts and international law; Indirect protection : spaces of freedom or the 'hands off approach'; Direct protection : diffusing general human rights; Private and family life; Property; Education, language, participation; Non-discrimination; Reconciling majority and minority interests; Involvement in the decision-making process; (Positive) equality as a justificatory test; Reconciling interests within the group; Women and the group; Dissenters and group representation; Right to judicial protection; Locus standi and injured party; Continuing effects of rights violation; Evidence; Dimensions of judicial discourse : preliminary observations; Courts in plural societies; The theoretical debate; The case of socio-economic rights; International jurisprudence re-assessed; Expanding on the procedural model; Between substance and procedure; Interpretation as cross-fertilisation; On judicial persuasiveness; Between universalism and justice.