Living Together (Or Not) According To Law: Minorities And The Idea Of Establishing New Governments With The Relation In Self-Determination Rights
Minority issues took important part on the global agenda right after the time that nationalism and nation state systems become popular among the governments. As a result of this, almost all the nation state had minority problems in the early 19th century, especially following years of First World War. The first studies were done for recognition and protection of minorities in the League of Nations. Minority issues were discussed in every treaty after the First World War. But, these issues had been discussed in the United Nations for the first time, then, became a topic in the agenda of European Commission and Organization for Security and Co-Operation in Europe (OSCE) after the following years of the Second World War.
The notion, which takes a place in positive international law, has been accepted that governments exist for serving to their people and opposite notions canít be taken into account . Governments shouldnít expect the respect for its sovereignty, both inside and outside, if it is not in a position to protect the people. If the shield respect for territorial integrity of the country becomes human rights violations, this shield cannot be used anymore .
Self-determination rights of people have taken all the attention for a long time and overshadowed the human rights issues. The idea of human rights, which canít exist without peoplesí right, has come to the end. The relationship between human rights and peoplesí rights has been split up with dependency of individualís rights and self-determination rights so they could turn into a component of each other.
This idea was attached to Judge CanÁadoTrindadeís counselling report on Kosovo