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The Uyghurs 维吾尔人
IF 0.7 Q3 LAW Pub Date : 2022-09-20 DOI: 10.1163/15718115-bja10090
Hilly Moodrick-Even Khen
The concept of cultural genocide has been abrogated from the Convention on the Prevention and Punishment of the Crime of Genocide (1948). The article elaborates on the concept of cultural genocide, its development, and its exclusion from the Genocide Convention and claims for its reconsideration in the discourse on genocide. It uses the Uyghurs’ case study to exemplify how the prohibition on cultural genocide against ethnic groups can become a soft law norm through states’ practice and legal instruments of international law that support the concept of cultural genocide. The article concludes with the legal and political merits of the prohibition on cultural genocide as a soft law norm. It focuses on how this process can promote the fight against genocide—particularly in the case of powerful states in the international arena, such as China.
《防止及惩治灭绝种族罪公约》(1948年)已废除了文化灭绝种族的概念。本文阐述了文化种族灭绝的概念、发展及其在《灭绝种族罪公约》中的排除,并要求在关于灭绝种族罪的论述中重新考虑这一概念。它以维吾尔人的案例研究为例,说明禁止针对少数民族的文化灭绝是如何通过支持文化灭绝概念的国家实践和国际法法律文书成为软法律规范的。文章最后总结了禁止文化灭绝作为一种软法律规范的法律和政治价值。它侧重于这一进程如何促进反对种族灭绝的斗争,特别是在国际舞台上的强国,如中国。
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引用次数: 1
Where Ethnoregionalism and Nationalism Meet 民族主义与民族主义的交汇点
IF 0.7 Q3 LAW Pub Date : 2022-09-08 DOI: 10.1163/15718115-bja10091
A. mus, T. Jakubowski, Justyna Kijonka, Paweł Sarna
Three decades ago, political science and legal studies took almost no interest in a small region in Central Europe called Upper Silesia. Today, the scholarly literature in many disciplines is growing due, among other things, to the references to the situation of Silesians made by the Advisory Committee of the Framework Convention for the Protection of National Minorities in the Fourth Opinion on Poland. However, most of those studies do not include analysis of the most important political context: ethnopolitics in the Republic of Poland, its past and present. In this paper, we aim to explore the dynamic relations between Poles and Silesians and the consequences of those relations on public law. We also analyse the rise of the ethnoregionalist movement in Upper Silesia. Then, we analyse ethnopolitics in Poland in relation to Upper Silesia, especially in the context of Polish national identity.
三十年前,中欧一个名为上西里西亚的小地区对政治学和法律研究几乎没有兴趣。今天,由于《保护少数民族框架公约》咨询委员会在关于波兰的第四次意见中提到了西里西亚人的情况,许多学科的学术文献正在增长。然而,这些研究大多不包括对最重要的政治背景的分析:波兰共和国的民族政治及其过去和现在。在本文中,我们旨在探讨波兰人和西里西亚人之间的动态关系,以及这些关系对公法的影响。我们还分析了上西里西亚民族区域主义运动的兴起。然后,我们分析了波兰与上西里西亚的民族政治,特别是在波兰民族认同的背景下。
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引用次数: 0
The Palestinian Citizens of Israel: Nationality and Identity of Arabs in the Jewish State 以色列的巴勒斯坦公民:犹太国阿拉伯人的国籍和身份
IF 0.7 Q3 LAW Pub Date : 2022-08-25 DOI: 10.1163/15718115-bja10087
Cecilia Gialdini
The article addresses the condition of the Palestinian citizens of Israel as a minority trapped into a Jewish state. It investigates the status of the minority both under a legal perspective – focusing on the norms regarding the definition of minority in the Israeli state-, and under a social and political perspective. The paper moves forward to analysing the attitude of the Israeli state towards its Palestinian citizens and the actual recognition of minority rights, in particular regarding the preservation of group identity.
这篇文章论述了以色列的巴勒斯坦公民作为一个被困在犹太国家的少数民族的状况。它从法律角度- -侧重于以色列国家关于少数民族定义的规范- -以及从社会和政治角度调查了少数民族的地位。本文进一步分析了以色列国家对其巴勒斯坦公民的态度,以及对少数民族权利的实际承认,特别是在保护群体身份方面。
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引用次数: 0
Excessive State Intervention in Regulating Minority Educational Institutions: An Insidious Constitutional Aberration 国家对少数民族教育机构监管的过度干预:一种深层次的宪法背离
IF 0.7 Q3 LAW Pub Date : 2022-08-25 DOI: 10.1163/15718115-bja10088
D. K. Kaul
This article explores the extent of state regulation in aided minority educational institutions. It analyses the decision in the Sk. Md. Rafiq, which goes contrary to the settled law of limited state interference. In matters of selection and appointment of teachers, the state can prescribe only certain criteria to achieve ‘educational excellence’ in the ‘national interest’. However, the impugned statutory provisions have virtually eroded the autonomy that the management board of the institution hitherto enjoyed. The ripples of this decision are far-reaching, given this unprecedented judicial affirmation of virtually unbridled state intervention. State control is necessary to ensure that such institutions maintain basic standards in imparting education. It cannot pave the way for a situation where the board is bound by state recommendations. A moderate state role in such institutions is essential for the preservation of the minority character of institutions under Article 30(1) of the Indian Constitution.
本文探讨了国家对资助少数民族教育机构的调控程度。它分析了拉菲克案的判决,该判决违背了有限国家干预的既定法律。在选择和任命教师方面,国家只能规定某些标准,以实现“国家利益”的“卓越教育”。然而,受到质疑的法定条款实际上侵蚀了该机构管理委员会迄今享有的自主权。鉴于这一史无前例的对几乎不受约束的国家干预的司法肯定,这一决定的涟漪影响深远。国家控制是必要的,以确保这些机构在传授教育方面保持基本标准。它不能为董事会受各州建议约束的情况铺平道路。根据《印度宪法》第30(1)条,在这些机构中,适度的国家作用对于维护机构的少数民族性质至关重要。
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引用次数: 0
Negotiating Aspirations in Displacement 流离失所者的谈判愿望
IF 0.7 Q3 LAW Pub Date : 2022-08-16 DOI: 10.1163/15718115-bja10086
Zubia Willmann-Robleda
This article explores women’s aspirations during different stages of seeking asylum and settling in Norway and how their aspirations were influenced by each stage’s characteristics and circumstances. Two ethnographic fieldwork phases involved following nine women during approximately one and a half years through the asylum process and the early stages of settlement in Norway (2017–2019). The data show that while living in an asylum centre, the women’s narratives about their aspirations were permeated primarily by their uncertain circumstances. After settling in the municipalities, they began to encounter multiple limitations to their aspirations, which led them to become demotivated and eventually readjust their aspirations. This article shows the effects that the experience of being an asylum seeker and that of resettling in a new country has on people’s aspirations and motivation, something which can in turn have an influence on how they decide to incorporate into the new society.
本文探讨了妇女在挪威寻求庇护和定居的不同阶段的愿望,以及每个阶段的特点和情况如何影响她们的愿望。两个人种学实地调查阶段涉及在大约一年半的时间里,通过庇护程序和在挪威定居的早期阶段(2017-2019)跟踪9名妇女。数据显示,在生活在庇护中心期间,这些妇女对自己愿望的叙述主要是由她们不确定的环境所渗透的。在城市定居后,他们的愿望开始受到多方面的限制,这导致他们失去动力,最终重新调整他们的愿望。这篇文章显示了寻求庇护者的经历和在一个新的国家重新定居的经历对人们的愿望和动机的影响,这反过来又会影响他们如何决定融入新社会。
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引用次数: 0
The Fosen Case and the Protection of Sámi Culture in Norway Pursuant to Article 27 iccpr Fosen案与挪威萨米文化的保护
IF 0.7 Q3 LAW Pub Date : 2022-08-16 DOI: 10.1163/15718115-bja10085
Ø. Ravna
The International Covenant on Civil and Political Rights has been a part of Norwegian law since 1999. It has, however, been of greater importance in the political sphere than in the courts. In the fall of 2021, the Supreme Court of ruled that the construction of two wind power plants were violating the rights of Indigenous Sámi reindeer herders pursuant to the Article 27 iccpr. In the presentation, the Supreme Court’s use of Article 27 is analysed in order to determine its impact on protecting Indigenous rights in Norway, including where the threshold for violation lays when interference in Sámi reindeer husbandry areas take place.
《公民权利和政治权利国际公约》自1999年以来一直是挪威法律的一部分。然而,它在政治领域比在法庭上更为重要。2021年秋天,最高法院裁定,根据《国际刑法典》第27条,建造两座风力发电厂侵犯了萨米土著驯鹿牧民的权利。在陈述中,分析了最高法院对第27条的使用,以确定其对保护挪威土著权利的影响,包括在萨米驯鹿饲养区发生干预时侵犯的门槛在哪里。
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引用次数: 0
Why are Eurasian Communities Disappearing in Malaysian Society? 为什么欧亚族群在马来西亚社会消失?
IF 0.7 Q3 LAW Pub Date : 2022-07-04 DOI: 10.1163/15718115-bja10082
S. Pandian, S. Vega, Nur Hafeeza Ahmad Pazil
This article examines the reasons behind the disappearance of the Eurasian minority in Malaysia to shed light on and understand the general community issues such as discrimination, neglect and slight to no political representation. This is illustrated by the British government’s attitude towards Eurasians, the national identity narrative based on the majority racial categories, policies enforced by the Malaysian government and the prejudices that Eurasians face in their communities, and the racism that mixed individuals are exposed to while living in Asian society. Most factors, including identity problems, racism, the inferiority of mixed-race, discrimination, denial of political representation, and the national policies such as the National Education Policies, New Economic Policy (nep), and the National Language Act has caused many Eurasians to emigrate abroad or to other Commonwealth countries. Currently, Eurasians face reduced visibility and influence as their numbers continue to be overwhelmed by other majority races, including Chinese, Indians and Malays. After independence, the Eurasians became a forgotten community in Malaysia as the nation chose to forget the activities of the Eurasian community during the colonial period. Illustrating the study’s conceptual framework and analysing the literature reviewed revealed that the Eurasians are a marginalised minority group whose identity, nationality, culture, and existence are defined by Malaysian national policies in economic, educational, and language acts.
本文探讨了马来西亚欧亚少数民族消失的原因,以揭示和理解普遍存在的社会问题,如歧视、忽视和很少或没有政治代表。英国政府对欧亚混血儿的态度、基于多数种族类别的国家身份叙事、马来西亚政府实施的政策和欧亚混血儿在社区中面临的偏见,以及混血儿在亚洲社会生活时所面临的种族主义,都说明了这一点。大多数因素,包括身份问题,种族主义,混血儿的自卑,歧视,拒绝政治代表,以及国家政策,如国家教育政策,新经济政策(nep)和国家语言法案,导致许多欧亚人移民到国外或其他英联邦国家。目前,欧亚混血儿面临着知名度和影响力的下降,因为他们的数量继续被其他多数种族所压倒,包括华人、印度人和马来人。独立后,马来西亚选择忘记欧亚族群在殖民时期的活动,因此欧亚族群成为被遗忘的族群。说明研究的概念框架和分析文献综述表明,欧亚人是一个被边缘化的少数群体,其身份、国籍、文化和存在是由马来西亚国家政策在经济、教育和语言行为中定义的。
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引用次数: 0
Democratic Regime in Myanmar and the Rights of the Rohingya Community 缅甸民主政权与罗兴亚人的权利
IF 0.7 Q3 LAW Pub Date : 2022-06-17 DOI: 10.1163/15718115-bja10084
Arpita Mohajon, K. Uddin
The right of ethnic minorities, particularly those of the Rohingyas, have been continually and repeatedly denied in Myanmar. When Aung San Suu Kyi’s party came into power, the right of various ethnic groups, especially the rights of Rohingyas during Suu Kyi’s regime were violated. Unfortunately, the conditions for the Rohingya have continued to worsen. The findings of this research show that the human rights of Rohingya in Myanmar were challenged during Aung San Suu Kyi’s so-called democratic regime via ethnic cleansing owing to the absence of real democratic norms, unequal treatment, and state-sponsored violations of human rights against the Rohingya community. The key reasons behind the failure to ensure the rights of the ethnic Muslim minority include militarism in the democratic structure, a lack of democratic institutions, international politics and the interest of powerful countries, a lack of democratic culture, and an aggressive attitude towards the Rohingya. Finally, the paper proposes some policy implications.
少数民族的权利,特别是罗兴亚人的权利,在缅甸一直被一再剥夺。昂山素季的政党执政时,各民族的权利,特别是昂山素季政权时期罗兴亚人的权利受到侵犯。不幸的是,罗兴亚人的处境继续恶化。这项研究的结果表明,在昂山素季所谓的民主政权期间,由于缺乏真正的民主规范、不平等待遇和国家支持的对罗兴亚社区的侵犯人权行为,缅甸罗兴亚人的人权受到了种族清洗的挑战。未能确保穆斯林少数民族权利的关键原因包括民主结构中的军国主义、缺乏民主制度、国际政治和强国利益、缺乏民主文化以及对罗兴亚人的侵略态度。最后,本文提出了一些政策启示。
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引用次数: 0
State Integration vs. Minority Protection through Regional Self-Determination: The Åland Case 国家一体化与通过区域自决保护少数民族:奥兰案例
IF 0.7 Q3 LAW Pub Date : 2022-06-16 DOI: 10.1163/15718115-bja10083
Bjarne Lindström
In this contribution, Åland’s autonomy as a model for the protection of territorial minorities is analysed and evaluated. The geopolitical background is today’s Europe with, in general, quite strong state integration tendencies. The focus is on Åland’s autonomy’s ability to successfully deliver on the original promises regarding the greatest possible regional self-determination and language protection given at its inception in 1921 by the League of Nations and the Finnish state. Comparisons are made with similar European and Nordic autonomies. The conclusion is that Åland’s position in international law and in the Finnish Constitution remains, thanks primary to its historical origin, relatively strong. However, two negative factors are identified: the severely limited de facto home rule, and the asymmetric partnership between the autonomy and the state. The contribution concludes with a number of lessons learned regarding the legal and political conditions for well-functioning and long-term sustainable autonomies within the framework of today’s sovereign European and Nordic states.
在这篇文章中,分析和评价了奥兰自治作为保护领土少数群体的典范。地缘政治背景是今天的欧洲,总体上具有相当强烈的国家一体化趋势。重点是奥兰自治能否成功兑现1921年成立时国际联盟和芬兰政府对尽可能大的地区自决和语言保护的最初承诺。与类似的欧洲和北欧自治进行了比较。结论是,奥兰在国际法和芬兰宪法中的地位仍然相对稳固,这主要归功于其历史渊源。然而,发现了两个负面因素:严重有限的事实上的自治,以及自治与国家之间的不对称伙伴关系。文章最后总结了在当今欧洲和北欧主权国家框架内,良好运作和长期可持续自治的法律和政治条件方面的一些经验教训。
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引用次数: 0
The Plight of Boat Refugees to Thailand 乘船前往泰国的难民的困境
IF 0.7 Q3 LAW Pub Date : 2022-05-12 DOI: 10.1163/15718115-bja10081
Hassan Al Imran
Thailand is a coastal State, and the plight of Rohingya boat refugees from Myanmar is an ongoing issue there. However, Thailand has no refugee laws and the State is also a non-State party to the 1951 Refugee Convention. Refugee issues are being treated under ad hoc decisions in Thailand; therefore, refugees have no legal status there, they are treated as illegal immigrants. Moreover, being a coastal State, Thailand rigorously controls its seas. However, Thailand signed on to core international human rights instruments which ensure protection from torture, including their guarantee of civil and political rights to all individuals within its territory. As a State-party to international maritime laws, Thailand also has obligations to assist any person at sea. Against this background, this article examines the challenges of refugee protection in Thailand, where special focus is given to the Rohingya boat refugees within an examination of its maritime laws. In conclusion, it suggests a solution for refugee protection in Thailand under the existing regime. While particular literature on the Rohingya boat refugees in Thailand is very limited, it is expected that the article will fill the gap in existing literature regarding the boat refugee issue in Thailand.
泰国是一个沿海国家,来自缅甸的罗兴亚船民的困境是一个持续存在的问题。但是,泰国没有难民法,该国也是1951年《难民公约》的非缔约国。在泰国,难民问题正在根据特别决定加以处理;因此,难民在那里没有合法地位,他们被视为非法移民。此外,作为一个沿海国家,泰国严格控制其海洋。但是,泰国签署了确保不受酷刑的核心国际人权文书,包括保障其领土内所有个人的公民权利和政治权利。作为国际海事法的缔约国,泰国也有义务协助海上的任何人。在此背景下,本文探讨了泰国难民保护面临的挑战,并在审查其海事法时特别关注罗兴亚船难民。最后,它提出了在现有制度下保护泰国难民的解决办法。虽然关于泰国罗兴亚船难民的具体文献非常有限,但预计这篇文章将填补有关泰国船难民问题的现有文献的空白。
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引用次数: 1
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International Journal on Minority and Group Rights
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