A Look on National Minority Rights Recognition and Institutionalization in International Law

Bc. Erhan Komurcu

Master's thesis

Abstract:

The aim of this paper is to demonstrate that underrepresentation of collective minority rights causes a serious legitimacy compromise in international law. With its current configuration, international law seems to be lacking a fully institutionalized fair position for addressing interests of sub-state "people" who demand particular collective identity rights from their respective states. The current form of rights in international law has been interpreted predominantly in terms of egalitarian individual human rights, subjugating the "collective" under it. Thus, such attitude by downplaying interests of collective identity claims rightfully raises concerns about legitimacy of international law. The main argument of the paper, in line with liberal multicultural differentiated rights theory, would be that because no state is etno neutral in real practice, national minorities must be recognized to have their own parallel nation building programs. Only such recognition would make the current status of international law to be legitimate.

Keywords

national minority rights, international law

Language used: English

Date on which the thesis was submitted / produced: 16. 12. 2009

Thesis defence

• Date of defence: 12. 1. 2010
• Supervisor: prof. PhDr. Vít Hloušek, Ph.D.
• Reader: JUDr. Mgr. Ivo Pospíšil, Ph.D.

Masaryk University

Faculty of Social Studies

Master programme / field:
Political Science / European Politics (Eng.)