Document Type

Article

Disciplines

International Law

Abstract

From an international legal point of view, claims by ethnic groups pose serious questions touching upon fundamental principles of international law. The right to existence of ethnic minorities; equality and non-discrimination measures; and the question of the relationship between self-determination, participation, and minority rights are some of the most important issues that arise. The integration of ethnic groups in regional and national decision-making processes, minority-benefiting power-sharing arrangements, and territorial claims (notably autonomy and secession) implicate key aspects of international law and should accordingly be regulated by international law. These key aspects center on three series of questions:

1. Does the active protection and empowerment of ethnic groups and as a consequence, the favorable treatment of minorities, undermine fundamental principles of equality in international human rights law? What is the "acceptable" level of difference in treatment?

2. How can international law contribute to the protection of minorities? What are the legal standards regulating ethnic groups' rights to exist, protecting minorities from political and economic discrimination, and enhancing the preservation of a group's ethnic identity?

3. What role does international law play in empowering ethnic groups? How can minority participation in state and local government be secured? Are power-sharing arrangements and autonomy compatible with international legal principles? How should territorial claims such as demands for secession and independence be addressed in international law?

This Article examines the challenges that claims of ethnic groups pose to international law and points out the weaknesses and loopholes in the protection of minorities. It gives recommendations on how international law could effectively contribute to dealing with ethnic claims and shows the limits of an international law approach to ethnic issues.

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