Gnanapala Welhengama - Minorities Claims: From Autonomy to Secession: International Law and State Practice

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Minorities Claims: From Autonomy to Secession

Dedicated to

Dr. Wemer F. Menski, Ph.D
Senior Lecturer in Law, School of Oriental and African Studies, University of London
For his contribution to the development of Ethnic Minority studies in English Law

and

Mr. John Backwell
Former Senior Lecturer in Social Work and Social Policy at the Liverpool John Moores University
For his understanding and friendship

First published 2000 by Ashgate Publishing

Reissued 2018 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright Gnanapala Welhengama 2000

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Publishers Note
The publisher has gone to great lengths to ensure the quality of this reprint but points out that some imperfections in the original copies may be apparent.

Disclaimer
The publisher has made every effort to trace copyright holders and welcomes correspondence from those they have been unable to contact.

A Library of Congress record exists under LC control number: 00132638

ISBN 13: 978-1-138-74038-9 (hbk)
ISBN 13: 978-1-315-18350-3 (ebk)

Contents

by Richard Jones

Guide

My enthusiasm for human rights increased when I was studying human rights at the London School of Economics in 1992-1993 under Rosalyn Higgins (then former Professor of Public International Law at LSE, now an honourable judge in the ICJ at the Hague), and during my studies at the School of Oriental and African Studies, in particular Ethnic Minorities and the Law with Dr. Menski. This placed me in an ideal position to examine closer issues relating to minorities.

This book is largely based on my Ph.D thesis. New materials, in particular, are included while most other chapters have been significantly revised.

I completed my Ph.D thesis under the supervision of Professor Dominic McGoldrick of the University of Liverpool. His expertise, advice and critical comments on many issues raised in my thesis have helped me enormously to analyse and present arguments objectively. Above all his guidance led me to come to conclusions on many contentious issues in very positive and constructive ways. I am grateful to Professor McGoldrick for agreeing to supervise me even though he was extremely busy as the Director of the International and European Law Unit.

Helpful comments made by Mr. David Turns, Lecturer in Law at the Faculty of Law, University of Liverpool and Professor Malcolm Evans at the Faculty of Law, University of Bristol, on many issues were instrumental in improving this work. Professor Nanette Neuwahl should be specially mentioned for her encouragement. Dr. Menski, Senior Lecturer in Law at the University of London, agreed to read the whole manuscript without any hesitance and made many useful suggestions. His comments and suggestions have undoubtedly contributed to the improvement of many chapters. However, I, alone, am responsible for any misinterpretation of law and facts and any other omissions or errors in this book.

A great number of my former colleagues at the School of Law at the John Moores University encouraged me in many ways. of these, former Director of the School of Law, Social Work and Social Policy, Professor Penelope Pearce, Bill Douglas (former Deputy Director), Richard Jones (Reader in Law), Stephan Jones (former Senior Lecturer in Law and now District Chairman of the Appeal Service, Social Security), and Simon Rahilly (Senior Lecturer in Social Work and Social Policy) should be mentioned with affection for their understanding and continuing friendship during difficult times. I also owe my gratitude to Robert Meanders and Elizabeth Douglas for their generosity and continuing support for my work.

John Backwell, former Senior Lecturer in Social Work and Social Policy at JMU, took great care in reading my whole manuscript. He spent many evenings commenting on my work or discussing and expressing his concerns about current ethnic conflicts. He and his wife, Gwen Backwell, are some of the most wonderful friends I have come across in this country.

My special thanks go to my son Chamene Welhengama and my wife Sandaseeli Welhengama for providing an environment in which 1 have been able to carry out my research. My son helped me on many occasions when my computer created problems. I am deeply grateful to both of them.

Finally my thanks should go to Mr. Stephen Cooper, Information Technology Manager, and Mr. Philip Gray, Faculty Administrator, both at the Liverpool Law School at the University of Liverpool for their assistance. They have always been prepared to help me whenever I needed it. I am also grateful to Chief Ben Agwuna, Director, Ms. Julie Smith, Mrs Gloria Hill Andre, Mr. Tony and Mr. Francis Odita of Charles Wootton College for helping me in various ways in my professional work. Also my gratitude goes to the staff of the Library of the Liverpool Law School, in particular, Mrs. Wendy Spalton, Mrs. Wendy Neale and Mrs. Chris Bennett, and the staff of the Liverpool City Library in helping me to find materials in completing this work. I would also like to acknowledge the supportive role of the staff at Ashgate Publishing Limited in the efficient production of this book.

Dr. G. Welhengama, Ph.D (Liverpool); LL.M (London); LL.B; BA (Sri Lanka); Attomey-at-Law of the Supreme Court of Sri Lanka; Formerly Research Fellow in Law and Head of the Institute of Minorities, School of Law, Social Work and Social Policy at the Liverpool John Moores University (1991-1997); for sometimes Tutor in Law, Sri Lanka Law College (1984).

January, 2000
Liverpool, UK

A/C.3/SR	Summary Reports of the 3rd Committee of the General Assembly
AJCIL	African Journal of Comparative International Law
AJIL	American Journal of International Law
ASIL	Proceedings of American Society of International Law
Bull. EC	Bulletin of the European Communities (now EU)
BYIL	British Year Book of International Law
Case W.Res.J.Int.L	Case Western Reserve Journal of International Law
CJIL	Colombia Journal of International Law
CSCE	Conference on Security and Co-operation in Europe
CYIL	Canadian Year Book of International Law
ECHR	European Convention on Human Rights
ECOSOC	Economic and Social Council
EJIL	European Journal of International Law
ESCOR	Official Reports of the Economic and Social Council
Eur.Ct. HR	European Court of Human Rights
FRY	Federal Republic of Yugoslavia
GA Res.	General Assembly Resolutions
GAOR

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