There is a wide set of rules and political documents that refer to the right to cultural identity, in particular with regard to Indigenous Peoples. However, the definition of a right to cultural identity as a human right has been criticised. The risk of tensions and conflicts based on religious or ethnicity grounds puts culture in a central place in the process of defining peoples' identity. This is a relevant issue in contemporary multicultural societies, not limited to indigenous rights. The concept of cultural identity and rights has expanded from the individual right to participate in and enjoy cultural events and products, to a wider interpretation of collective cultural rights. This shift includes, for instance, the use of lands by indigenous peoples, the use of local languages, and the use of traditional forms of governance. The relevant legal discussion concerns how this recognition is defined and supported in both national and international law, and how judicial decisions have addressed this complex legal issue. The scope of this article is to explore the possible legal content of the right to cultural identity, with particular attention to the inter-American human rights system, which may help to clarify the legal content of the right to cultural identity in general, and of indigenous peoples in particular.Peer reviewe
United Nations (UN) peacekeeping operations have been increasingly deployed in many crisis contexts. The practice has been established by the UN to ensure peace and protect victims of different types of armed conflict. Unfortunately, during the past ten years, several cases of serious human rights violations committed by peacekeepers against people who should be protected by them have emerged. The UN has gone through a widespread analysis of the issues involved, from the managerial, administrative and legal points of view. The 2005 Zeid Report has provided the basis for further action within the UN system. Since then, several policy and legal measures have been discussed by relevant UN bodies and organs, and some new developments have taken place. This article offers an account and an analysis of the different steps taken within the UN to face difficult cases of misbehaviour, including human rights violations, which may lead to forms of criminal conduct. It takes into consideration the suggestions provided by the Zeid Report and subsequent UN documents. It focuses on legal developments and discusses the main problems in understanding the legal complexity of this phenomenon. The article includes updated documents and proposals that have been discussed and adopted until the most recent reports in 2009.
This book is one of the few comprehensive works focusing on the sub-regional institutions in the Latin American and Caribbean region. These organisations and institutions enrich the co-operation at sub-regional level, but, in most cases, are neglected in legal literature. They have mainly economic purposes but they also contribute to new forms of institutional co-operation in other areas, including financial, political and social matters. The volume addresses some of the most representative of these institutions, such as the Mercosur, the Andean Community and sub-regional financial organisations (e.g. Central American Bank for Economic Integration and Andean Development Corporation) as well as new developments including the UNASUR and the Alliance for the Pacific. It provides updated information on the structure and changes of the institutions, and constitutes a valuable resource for those wishing to keep pace with legal developments in the fast-moving world of international institutional law. The book will appeal to a wide audience including researchers and practitioners specialising in international law and international organisations and related disciplines
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