Annual Survey of International & Comparative Law


In this presentation I shall explore the question of whether or not it is defensible to grant legal group rights through international instruments and national legal systems. I shall proceed in the following way. First, I shall briefly examine the conceptual consistency between group rights and the framework of rights discourse, and I shall conclude that it is conceptually possible to include group rights in ordinary rights talk. Secondly, I shall explore what the basic requirements would be for the recognition of a group right. I shall suggest that the use of rights discourse bears a number of conceptual as well as normative constraints that carry important practical consequences, and that these constraints must be understood as conditions of admissibility for any group right.

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