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The Resource The concept of cultural genocide : an international law perspective, Elisa Novic

The concept of cultural genocide : an international law perspective, Elisa Novic

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Summary
This thesis seeks to determine whether the evolution of international law has allowed for the concept of cultural genocide to be addressed in spite of its non-codification. It firstly provides an assessment of the evolution of the concept of cultural genocide, from a technique to a process of genocide, also known as 'ethnocide'. Acknowledging that the codification of the concept is unlikely in the future, it therefore undertakes a study of the evolution of international law with regard to the main components of the concept, namely genocide, culture and group. The evolution of the legal concept of 'genocide' raises the question of the interpretation of the international definition of genocide, which is enshrined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, so as to encompass instances of cultural destruction. The state of international and domestic judicial practice illustrates the limits of an evolutionary interpretation. In contrast, international law has evolved considerably in relation to the protection of some groups and their culture, so that customary international law, and especially international human rights law, may be deemed to prohibit group cultural destruction and consequently entail State responsibility. The thesis argues that this evolution could ground the articulation of an international law-based approach to the concept of cultural genocide both by allowing for its criminalisation through the crime against humanity of persecution and by providing tools for a stronger framework of State responsibility, especially in the context of genocide prevention. Furthermore, this approach would give rise to the possibility of further conceptualising reparation for the intended cultural damage. Against this background, the thesis firstly draws conclusions as to the irrelevance of enclosing the debate exclusively at the level of the genocide legal framework and, secondly, as to the relevance of cultural genocide as a 'paralegal concept', an understanding which would drive the interpretation of international legal norms, especially in cases involving indigenous peoples' cultural harm
Language
eng
Work
Publication
Extent
ix, 310 pages
Note
Examining Board: Professor Francesco Francioni, EUI (Supervisor); Professor A. Dirk Moses, EUI (Co-Supervisor); Professor Yvonne Donders, University of Amsterdam; Professor Ana F. Vrdoljak, University of Technology, Sydney
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Instance
Label
The concept of cultural genocide : an international law perspective
Title
The concept of cultural genocide
Title remainder
an international law perspective
Statement of responsibility
Elisa Novic
Creator
Contributor
Subject
Language
eng
Summary
This thesis seeks to determine whether the evolution of international law has allowed for the concept of cultural genocide to be addressed in spite of its non-codification. It firstly provides an assessment of the evolution of the concept of cultural genocide, from a technique to a process of genocide, also known as 'ethnocide'. Acknowledging that the codification of the concept is unlikely in the future, it therefore undertakes a study of the evolution of international law with regard to the main components of the concept, namely genocide, culture and group. The evolution of the legal concept of 'genocide' raises the question of the interpretation of the international definition of genocide, which is enshrined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, so as to encompass instances of cultural destruction. The state of international and domestic judicial practice illustrates the limits of an evolutionary interpretation. In contrast, international law has evolved considerably in relation to the protection of some groups and their culture, so that customary international law, and especially international human rights law, may be deemed to prohibit group cultural destruction and consequently entail State responsibility. The thesis argues that this evolution could ground the articulation of an international law-based approach to the concept of cultural genocide both by allowing for its criminalisation through the crime against humanity of persecution and by providing tools for a stronger framework of State responsibility, especially in the context of genocide prevention. Furthermore, this approach would give rise to the possibility of further conceptualising reparation for the intended cultural damage. Against this background, the thesis firstly draws conclusions as to the irrelevance of enclosing the debate exclusively at the level of the genocide legal framework and, secondly, as to the relevance of cultural genocide as a 'paralegal concept', an understanding which would drive the interpretation of international legal norms, especially in cases involving indigenous peoples' cultural harm
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Cataloging source
IT-FiEUI
http://library.link/vocab/creatorName
Novic, Elisa
Date time place
Defence date: 10 June 2014
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2014.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses
  • EUI theses
http://library.link/vocab/subjectName
  • Genocide (International law)
  • Human rights
  • Cultural property
  • Multiculturalism
Label
The concept of cultural genocide : an international law perspective, Elisa Novic
Link
Instantiates
Publication
Note
Examining Board: Professor Francesco Francioni, EUI (Supervisor); Professor A. Dirk Moses, EUI (Co-Supervisor); Professor Yvonne Donders, University of Amsterdam; Professor Ana F. Vrdoljak, University of Technology, Sydney
Bibliography note
Includes bibliographical references (pages 269-310)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb17549139
Dimensions
30 cm.
Extent
ix, 310 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)1088497154
Label
The concept of cultural genocide : an international law perspective, Elisa Novic
Link
Publication
Note
Examining Board: Professor Francesco Francioni, EUI (Supervisor); Professor A. Dirk Moses, EUI (Co-Supervisor); Professor Yvonne Donders, University of Amsterdam; Professor Ana F. Vrdoljak, University of Technology, Sydney
Bibliography note
Includes bibliographical references (pages 269-310)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb17549139
Dimensions
30 cm.
Extent
ix, 310 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)1088497154

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