Minorities, Refugees and Human Rights

Open Access
Authors
Publication date 2025
Host editors
  • Randall Lesaffer
  • Robert Kolb
  • Momchil Milanov
Book title The Cambridge History of International Law. - Volume X
Book subtitle International Law at the Time of the League of Nations (1920–1945)
ISBN
  • 9781108499231
ISBN (electronic)
  • 9781108633963
Pages (from-to) 501-554
Publisher Cambridge: Cambridge University Press
Organisations
  • Faculty of Law (FdR) - T.M.C. Asser Instituut
  • Faculty of Law (FdR)
Abstract
The chapter argues that post-1945 international human rights law cannot be understood without accounting for the interwar period and some core elements of human rights discourse which existed at the time. Whereas classical histories of human rights have focused on genealogy and teleology to spell out the advent of rights universalism, more recent work has anchored the origins of human rights in national political communities. Accounting for these new historiographies, this chapter distinguishes between nineteenth-century human rights discourse and post–Second World War international human rights law. Elements of the former and antecedents of the latter can be found in the interwar period, in particular in the legal regimes for the protection of refugees and minorities. Although it analyses the two regimes separately, it articulates their points of convergence and situates them in the context of rising nationalism and the advent of the individual as a subject of international law.
Document type Chapter
Language English
Published at https://doi.org/10.1017/9781108633963.018
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minorities-refugees-and-human-rights (Final published version)
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