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Within the Middle East there are a wide range of minority groups
outside the mainstream religious and ethnic culture. This book
provides a detailed examination of their rights as minorities
within this region, and their changing status throughout the
twentieth and twenty-first centuries. The rights of minorities in
the Middle East are subject to a range of legal frameworks, having
developed in part from Islamic law, and in recent years subject to
international human rights law and institutional frameworks. The
book examines the context in which minority rights operate within
this conflicted region, investigating how minorities engage with
(or are excluded from) various sites of power and how state
practice in dealing with minorities (often ostensibly based on
Islamic authority) intersects with and informs modern
constitutionalism and international law. The book identifies who
exactly can be classed as a minority group, analysing in detail the
different religious and ethnic minorities across the region. The
book also pays special attention to the plight of minorities who
are spread between various states, often as the result of conflict.
It assesses the applicable domestic legislative instruments within
the three countries investigated as case studies: Iraq, Syria, and
Lebanon, and highlights key domestic remedies that could serve as
models for ensuring greater social cohesion and greater inclusion
of minorities in the political life of these countries.
The absence of a regional system of human rights protection for
Asia, and the ambivalence of some Asian states towards existing
human rights regimes often results in a lack of awareness of the
plight of minorities in these states. The existing human rights
literature on Asia tends to focus on the debate of cultural
relativism. On the other hand, minority rights literature largely
ignores Asia. This book tackles this lacuna by undertaking an
analysis of the minority rights legal regimes in India, China,
Malaysia and Singapore, while also locating this discussion in the
context of a wider debate on human rights in Asia. India and China,
the world's most populous states, face similar problems vis-a-vis
minorities, yet tackle these using starkly different techniques.
Malaysia and Singapore, vocal in their articulation of 'Asian
Values', have taken opposing stances over minority rights. Malaysia
has sought to establish Malay hegemony using minority rights tools
in favour of the majority, while Singapore deliberately adopted a
doctrine of meritocracy, nonetheless emphasising ethnic fault-lines
within its population. Together the four states reflect not only
the complex layers of culture and identity within Asian states, but
also the vastly different political systems and contrasting
conceptions of the role of law in the continent. Through its
examination of minority rights theory and its application in
specific cases, this book provides a useful comparative model for
the assessment of other states within Asia, thereby taking an
important first step towards understanding the situation of
minorities within the entire continent.
Countries in the Pacific face unique challenges of survival and
progress in establishing themselves and participating fully in
international society. Their geographic isolation from the rest of
global society is compounded by complex layers of often competing
national and indigenous identities among their populations built
through wave upon wave of migration. This has created rich
diversity, competing regimes and real challenges in terms of
state-building, ethnic identity, social policy cohesion and
development in post-colonial settings. The issues studied here
would be of interest to scholars from a range of different
disciplines such as Law, Politics, Sociology and Anthropology. By
examining the theory and practice of minority rights law in states
such as Fiji and Papua New Guinea, alongside their more familiar
neighbours Australia and New Zealand, this book makes a unique
contribution in a region often ignored in the literature.
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.
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