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Chapter Summary

The question of whether and to what extent judicial discourse can make a contribution to the recognition of minority groups in law includes yet partly transcends the long-standing debate about how to define such groups in international law. Four aspects of recognition so are discussed in this chapter. First, recognition can involve minority groups in the sense of international law whose very existence is either opposed by the government or has been in fact deprived of legal consequences at the domestic level. Second, recognition can affect minority groups which do not entirely fit into existing international law definitions and categories or reflect specific social realities that are even removed from the traditional international law canon. Third, recognition can target, not the group as such, but the structures through which the group can manifest and preserve its identity. Fourth, recognition may occur on a purely domestic level.

Keywords: domestic courts; international law; recognition



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