From the dawn of modern international law, manifold treaties (especially peace treaties) have recognized the rights of specific minorities in specific territories. Today -- with Eastern Europe once more in turmoil and with minority groups all over the world clamouring for recognition -- there is a growing awareness that, irrespective of the observance of the fundamental freedoms of individuals, minority groups have their legitimate interests that must be appreciated and accommodated. This collection of essays grew out of an international legal colloquium, held at the Faculty of Law of Tel Aviv University in March 1990. Some of the papers have already been published in volume 20 of the Israel Yearbook on Human Rights, but others are printed here for the first time. The authors come from different parts of the world and represent different legal backgrounds. They are by no means at one in their analysis of the human rights of minority groups, but they all share the sense that problems of minorities cannot be brushed aside or glossed over. It is not too hazardous to forecast that these problems will actually intensify in the 21st century. Whereas they cannot be solved through exclusively legal means, international and constitutional lawyers must do their utmost to identify flash points and to offer at least some prescriptive guidelines. This is the principal purpose of the present volume.
This text examines the relationship between the idea of legitimacy of law in a democratic system and equality. It seeks to demonstrate how a conception of democratic legitimacy is necessary for understanding and reconciling equality and political legitimacy.
Since the end of the Cold War, mounting tensions related to national minorities have increased international efforts to contain and to solve these inter-ethnic disputes. While much has been written about the efforts of international organizations, such as the United Nations, the Council of Europe and the OSCE, in this respect, much less attention has been paid to the advances in minority issues made on a bilateral level. Many former socialist states have concluded bilateral treaties to improve their relations, and these treaties often include clauses relating to mutual national minorities. Against this background, and at the request of the High Commissioner on National Minorities, the Foundation on Interethnic Relations in The Hague convened two meetings of legal experts to discuss the relevance of bilateral treaties for the settlement of inter-ethnic disputes. These meetings form the basis of the current publication, which includes an analysis and a collection of case studies. The case studies center around Poland, Hungary and Russia and offer a comprehensive survey of the network of bilateral treaties and the role of minority rights within these instruments. The book also contains the English translation of the main parts of the relevant bilateral agreements that are ordinarily difficult to access for scientific research. This book will therefore serve as an important instrument for anyone involved in the study of inter-ethnic conflict and minority rights.