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.
"On the Admissibility of Group Rights,"
Annual Survey of International & Comparative Law: Vol. 9
, Article 5.
Available at: https://digitalcommons.law.ggu.edu/annlsurvey/vol9/iss1/5