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Minority Treaties refer to the treaties, League of Nations Mandates,〔In the south West Africa Case the International Court of Justice noted that the mandates were always regarded as treaties or conventions. See International Law Reports, Elihu Lauterpacht, Cambridge University Press, 1971, ISBN 0-521-46382-3, page 93〕 and unilateral declarations 〔In the Albanian Schools case the Permanent Court of International Justice held that Declarations made before the League Council were tantamount to a treaty. See International Human Rights in Context, Henry J. Steiner, Philip Alston, Ryan Goodman, Oxford University Press US, 2008, ISBN 0-19-927942-X, page 100〕 made by countries applying for membership in the League of Nations and United Nations. Most of the treaties entered into force as a result of the Paris Peace Conference. The treaties conferred basic rights on all the inhabitants of the country without distinction of birth, nationality, language, race or religion and protected the rights of all nationals of the country who differed in race, religion, or language from the majority of the inhabitants of the country. The country concerned had to acknowledge the clauses of the treaty: as fundamental laws of state; and as obligations of international concern placed under the guarantee of the League of Nations, or United Nations.〔 and United Nations General Assembly Resolution 181, Part I. - Future Constitution and Government of Palestine, C. Declaration, Chapter 4: Miscellaneous Provisions〕 ==Background== The protection of religious and minority rights had been a matter of international concern and the subject of protections ever since the days of the Peace of Westphalia.〔Essays on International Law and Organization, Leo Grossman, BRILL, 1984, ISBN 0-941320-15-4, page 5〕 The concept of granting title to a territory on the basis of minority rights treaties started in the 1870s with Serbia, Montenegro, and Romania.〔see (Defending the Rights of Others, Carole Fink, page 37. )〕 At the Versailles Peace Conference the Supreme Council established 'The Committee on New States and for The Protection of Minorities'. All the new successor states were compelled to sign minority rights treaties as a precondition of diplomatic recognition. It was agreed that although the new States had been recognized, they had not been 'created' before the signatures of the final Peace Treaties.〔THE JEWS AND MINORITY RIGHTS, (1898-1919), OSCAR I. JANOWSKY, COLUMBIA UNIVERSITY PRESS, 1933, page 342〕 Clemenceau noted in an aide-memoire attached to the Polish treaty that the minority protections were consistent with diplomatic precedent: The new treaties gave minorities the right to appeal directly to the League or UN General Assembly. In the case of the Mandates and the UN Partition Plan for Palestine compromissory clauses provide for the International Court's jurisdiction.〔(Summary of the work of the League of Nations, January 1920-March 1922, League of Nations Union, 1922, page 4 ) and (United Nations General Assembly Resolution 181, Part I. - Future Constitution and Government of Palestine, C. Declaration )〕 The victorious powers attempted to ensure the stable development of the region between defeated Germany and Soviet Russia, a region characterized by the existence of many ethnic groups and the emergence of new nations. The idea behind the Minority Treaties was that by subjecting those countries to the scrutiny of others and to the threat of sanction and intervention from the newly created international body, the League of Nations, the rights of minorities would be safeguarded. As with most of the principals adopted by the League, the Minorities Treaties were a part of the Wilsonian idealist approach to international relations, and as with the League itself, the Minority Treaties were increasingly ignored by the respective governments, with the entire system mostly collapsing in the late 1930s. Despite the political failure they remained the basis of international law. After World War II the legal principles were incorporated in the UN Charter and a host of international human rights treaties. Many international law norms and customary practices developed in the inter-war years by the League of Nations are still in use today. The procedures for managing intrastate and inter-ethnic issues include international supervision, regional economic unions, minority protection, plebiscites, and territorial partition. The Palestine and Bosnian Partition Plans and European Union practice are modern examples of conditioning recognition of statehood on human rights, democracy, and minority protection guarantees.〔see the discussion on pages 97-98 and footnote 353 in (Managing Babel: The International Legal Protection of Minorities in the Twentieth Century, Li-ann Thio, Martinus Nijhoff Publishers, 2005, ISBN 90-04-14198-7 )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Minority Treaties」の詳細全文を読む スポンサード リンク
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