{"title":"国际法中少数群体的定义","authors":"M. Shaw","doi":"10.1163/9789004219120_004","DOIUrl":null,"url":null,"abstract":"If minorities are to be treated as distinct entities in international law, then the problem of identification immediately arises. In order to examine the nature of the group that would constitute a minority, one must first extract the notion of \"peoples\" in the full international law sense of self-determination from the equation. The fact that it has proved so difficult to agree upon a definition of minorities, when the core elements are apparent, is a reflection of the fears of States, particularly in the Third World, as to the consequences that may flow. The foreboding that recognition of minorities may lead to secessionist demands, or at the least to difficulties in encouraging integration and a national consensus, must be overcome. In the last resort, reassurance and encouragement, coupled with a healthy measure of international supervision, is likely to prove more effective than an agreed formula of words. Keywords:Definition of minorities; international law; national consensus; self-determination","PeriodicalId":344076,"journal":{"name":"Israel Yearbook on Human Rights, Volume 20 (1990)","volume":"9 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1990-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"16","resultStr":"{\"title\":\"The Definition of Minorities in International Law\",\"authors\":\"M. Shaw\",\"doi\":\"10.1163/9789004219120_004\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"If minorities are to be treated as distinct entities in international law, then the problem of identification immediately arises. In order to examine the nature of the group that would constitute a minority, one must first extract the notion of \\\"peoples\\\" in the full international law sense of self-determination from the equation. The fact that it has proved so difficult to agree upon a definition of minorities, when the core elements are apparent, is a reflection of the fears of States, particularly in the Third World, as to the consequences that may flow. The foreboding that recognition of minorities may lead to secessionist demands, or at the least to difficulties in encouraging integration and a national consensus, must be overcome. In the last resort, reassurance and encouragement, coupled with a healthy measure of international supervision, is likely to prove more effective than an agreed formula of words. Keywords:Definition of minorities; international law; national consensus; self-determination\",\"PeriodicalId\":344076,\"journal\":{\"name\":\"Israel Yearbook on Human Rights, Volume 20 (1990)\",\"volume\":\"9 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1990-11-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"16\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Israel Yearbook on Human Rights, Volume 20 (1990)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/9789004219120_004\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Israel Yearbook on Human Rights, Volume 20 (1990)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/9789004219120_004","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
If minorities are to be treated as distinct entities in international law, then the problem of identification immediately arises. In order to examine the nature of the group that would constitute a minority, one must first extract the notion of "peoples" in the full international law sense of self-determination from the equation. The fact that it has proved so difficult to agree upon a definition of minorities, when the core elements are apparent, is a reflection of the fears of States, particularly in the Third World, as to the consequences that may flow. The foreboding that recognition of minorities may lead to secessionist demands, or at the least to difficulties in encouraging integration and a national consensus, must be overcome. In the last resort, reassurance and encouragement, coupled with a healthy measure of international supervision, is likely to prove more effective than an agreed formula of words. Keywords:Definition of minorities; international law; national consensus; self-determination