Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
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AUC IURIDICA, Vol 59 No 1 (2013), 267–275
Zánik mezinárodněprávní ochrany menšin z éry Společnosti národů a Pařížská mírová konference 1946–1947
René Petráš
published online: 29. 01. 2015
abstract
Termination of the International Protection of Minorities Promoted by the League of Nations and the Paris Peace Conference 1946–1947 The Paris Peace Conference in 1946 tried to solve many problems of the post-war world, in particular, those in relation to earlier German allies. The issue of minorities was one of them. Hungary, in particular, reminded that neighbouring countries including Czechoslovakia had adopted rather extensive obligations with respect to minorities after WWI, and claimed that the rights of those minorities were not respected after WWII. The purpose of this paper is not to describe in details the formation and development of the international protection of minorities under the supervision of the League of Nations; however, it should be mentioned what complex circumstances brought that protection to its end. All states located between Germany, Italy and the USSR were forced, after the First World War, to accept those obligations which were almost identical in all cases. The supervision of the protection of minority rights was a duty of the League of Nations. After WWII in 1950, the United Nations Organization refused to adopt the minority obligations, which therefore became considered extinct. However, this issue was not clear during the Paris Conference in 1946, and gave rise to controversies. Considering minority provisions inserted in peace agreements after WWII adopted during the Paris Peace Conference between 1946 and 1947 it is obvious that the only focus was on non-discrimination whilst other special rights of minorities were absent, particularly the right to use their mother tongue in schools and in dealings with administrative bodies. There was no will to respect special rights of minorities after 1945. Similar attitude can be seen in the Universal Declaration of Human Rights 1948. The lack of confidence with respect to the rights of minorities, except for guarantees of nondiscrimination regarding the race, language and religion, was apparent after WWII. This approach can be seen in the 1960s or even in the 1990s.
keywords: the legal position of minorities; international law; international protection of minorities; beginning of the cold war; Paris Peace Conference 1946–1947; transfer of minorities; peace treaties; Hungarian minorities; League of Nations; history of Czechoslovakia právní postavení menšin; mezinárodní právo; mezinárodněprávní ochrana menšin; počátky studené války; Pařížská mírová konference 1946–1947; transfery menšin; mírové smlouvy; maďarské menšiny; Společnost národů; dějiny Československa
Zánik mezinárodněprávní ochrany menšin z éry Společnosti národů a Pařížská mírová konference 1946–1947 is licensed under a Creative Commons Attribution 4.0 International License.
230 x 157 mm
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ISSN: 0323-0619
E-ISSN: 2336-6478
