CEU Electronic Theses and Dissertations, 2009
| Author | Körtvélyesi, Zsolt László |
|---|---|
| Title | Collective Compensation as a Legal Tool of Minority Protection? |
| Summary | The thesis reviews different possible areas of collective compensation, mainly in the case of minorities as claimants, looks at the possible arguments and counter-arguments, then focuses on the issue of indigenous land claims, namely on the post-Mabo situation in Australia and the Sami struggle for land rights. The central question of the thesis is to what extent political claims can be converted into legally enforceable rights, and what is the role of arguments based on past injustices (historical grievances) and on the present situation. The conclusion suggests that past related considerations should lead to a judicial answer for the whether or not (compensation is due), and the what, while the legislation can consider how is this compensation apt here and now. |
| Supervisor | Várady, Tibor |
| Department | Nationalism Studies MA |
| Full text | https://www.etd.ceu.edu/2009/kortvelyesi_zsolt.pdf |
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