Chapter

The Dialectic of International Law and the Contested Approaches to Minority Rights

Errol P Mendes

in Islamic Law and International Human Rights Law

Published in print October 2012 | ISBN: 9780199641444
Published online January 2013 | e-ISBN: 9780191741104 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199641444.003.0020
The Dialectic of International Law and the Contested Approaches to Minority Rights

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One question facing the international community is the following: can humanity be given the protection of what is now called minority rights under international law? This chapter argues that the source of such rights is that identity tied to cultural, ethnic, cultural, and religious communities, which is part of what it means to be human and possessed of human dignity. However, the particular nature of international law must be considered, given the diversity, not only of human identities, but also of sovereign states. The chapter examines how the Hegelian thesis and antithesis results in multiple types of synthesis of minority rights in the international law dialectic that includes the role of minorities themselves as non-state actors.

Keywords: minority rights; international law; human rights; Hegel; human identity

Chapter.  10462 words. 

Subjects: Human Rights and Immigration

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