국제법상 소수자보호의 변화－유럽 소수자보호 골격조약을 중심으로－
The Change of Minority Protection under International Law -with Special Reference to the Framework Convention for the Protection of National Minorities-
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Efforts to promote minority protection under international law have seen both change and continuity. The protection and guarantee of cultural identity for persons belonging to minority groups (as opposed to majorities) with full equality in their state of residence constituted the essential principle for classical minority protection under the League of Nations. This principle is still valid today. However, since the end of the Cold War the meaning of ‘minority protection’ has changed, going beyond the classical concept of minority protection. Respect for cultural diversity and intercultural dialogue in societies is more emphasized in terms of real and effective minority protection. This article analyses such changing aspects of minority protection under contemporary international law through the examination of the Framework Convention for the Protection of National Minorities (FCNM), which is the first-ever multilateral convention for the protection of national minorities. The classical concept of minority protection is no longer valid in this age of increasing global cooperative governance and international migration. Nevertheless, the argument that it is no longer necessary to distinguish between minority and majority within a state, given that the concept of the nation-state has been challenged qualitatively, is also unconvincing. What is more plausible is that the concept of the nation-state is being questioned due to its own complexities and contradictions. In this regard, the developmental practice with respect to minority protection within the framework of the FCNM is very suggestive. In particular, it is noteworthy that the Advisory Committee of the FCNM has largely contributed to the formulation of legal standards for the protection of minorities through its consistent recommendations. This is the very reason why specialists in the field of international minority protection should pay careful and particular attention to the evolutionary practice of the Advisory Committee of the FCNM.
Abstract
Efforts to promote minority protection under international law have seen both change and continuity. The protection and guarantee of cultural identity for persons belonging to minority groups (as opposed to majorities) with full equality in their state of residence constituted the essential principle for classical minority protection under the League of Nations. This principle is still valid today. However, since the end of the Cold War the meaning of ‘minority protection’ has changed, going beyond the classical concept of minority protection. Respect for cultural diversity and intercultural dialogue in societies is more emphasized in terms of real and effective minority protection. This article analyses such changing aspects of minority protection under contemporary international law through the examination of the Framework Convention for the Protection of National Minorities (FCNM), which is the first-ever multilateral convention for the protection of national minorities. The classical concept of minority protection is no longer valid in this age of increasing global cooperative governance and international migration. Nevertheless, the argument that it is no longer necessary to distinguish between minority and majority within a state, given that the concept of the nation-state has been challenged qualitatively, is also unconvincing. What is more plausible is that the concept of the nation-state is being questioned due to its own complexities and contradictions. In this regard, the developmental practice with respect to minority protection within the framework of the FCNM is very suggestive. In particular, it is noteworthy that the Advisory Committee of the FCNM has largely contributed to the formulation of legal standards for the protection of minorities through its consistent recommendations. This is the very reason why specialists in the field of international minority protection should pay careful and particular attention to the evolutionary practice of the Advisory Committee of the FCNM.
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