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Minority groups and judicial discourse in international law : a comparative perspective / by Gaetano Pentassuglia.

By: Series: International studies in human rights ; v. 102.Publication details: Leiden ; Boston : Martinus Nijhoff Publishers, 2009.Description: xxv, 276 p. ; 25 cmISBN:
  • 9789004176720 (hardback : alk. paper)
  • 9004176721 (hardback : alk. paper)
Subject(s): DDC classification:
  • 341.4/853 22
LOC classification:
  • K3242 .P455 2009
Contents:
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.
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Holdings
Item type Current library Call number Status Date due Barcode
BOOKs BOOKs National Law School 341.481 PEN (Browse shelf(Opens below)) Available 27314

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.

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