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8/10/2019 Relacoes Culturais

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Vienna with the creation of a large, wealthy, and powerful nation-state in central

Europe. Moreover, it is a useful case study besides Italian unification for the broader

concept of "nationalism" as a historical agent.

Uti Possidetis is a Latin term which means as you possess. According to one

explanation of this principle of international law, the parties to a treaty can retain

possession of what they have acquired by force during the war. Territories and property

can remain in the hands of a belligerent state after a war, unless otherwise provided by a

treaty. When a war ends a treaty formed can adopt the principle of uti possidetis, or the

principle of status quo ante bellum, or a combination of the two. The principle of status

quo ante bellum means the state of things before the war. If a treaty consists of no

condition regarding the possession of property and territory taken by force, the doctrine

of uti possidetis will prevail. More recently, the principle has been used in a modified

form to establish the frontiers of newly independent states following decolonization, by

ensuring that the frontiers followed the original boundaries of the old colonial territories

from which they emerged. The first practical implication of uti possidetis traces back to

anti-colonial independence movements in Latin America in the 19th century. The same

principle was applied to Africa and Asia following the withdrawal of European powers

from those continents. In 1964 the Organisation of African Unity passed a resolution

stating that the principle of stability of borders the key principle of uti possidetis

would be applied across Africa. Dissolution of the Soviet Union and Yugoslavia also

followed the principle of status quo regarding international boundaries. Uti possidetis

juris, as it stands at the present, is based on two ideas: self-determination and the non-

interference in the internal affairs of other countries.

Twentieth century relations among civilizations have moved beyond the unidirectional

influence of the west on the rest. Instead, "multidirectional interactions among all

civilization" has been maintained. In other words, cultural influence became

interdependent; western civilizations are influenced by smaller, less powerful

civilizations around the world.


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As a result of the Russian Revolution and the reaction against it, the conflict of nations

yielded to the conflict of ideologies, first among communism, fascism-Nazism and

liberal democracy, and then between communism and liberal democracy.

As a result of the Paris Peace Conference a series of Minority Treaties entered into force

and became the cornerstone of the League of Nations system of minorities. The

Minority Treaties, recognized as history's first minority treaties, were an important step

in protection of minorities and recognition of human rights, bringing the subject to an

international forum. In them, for the first time, states and international communities

recognized that there are people living outside normal legal protection and who required

an additional guarantee of their elementary rights from an external body, as protection

within individual states itself may not be sufficient. Prior the Second World War there

was no claim for the universality of minority rights. The minority issue in the inter-war

period was exclusively a foreign policy issue.

The Convention codified the declarative theory of statehood as accepted as part of

customary international law. Under the Montevideo Convention, an entity is a State

when it possesses: (1) a permanent population; (2) a defined territory; (3) a government

and (4) the capacity to enter into relations with other states. Article 3 of the Convention

declares that statehood is independent of recognition by other states.

The Convention codified the declarative theory of statehood as accepted as part of

customary international law. Under the Montevideo Convention, an entity is a State

when it possesses: (1) a permanent population; (2) a defined territory; (3) a government

and (4) the capacity to enter into relations with other states. Article 3 of the Convention

declares that statehood is independent of recognition by other states.

The massive and systematic human rights abuses committed during World War II

promoted the development of human rights protection. In 1948 international

organizations adopted several important conventions recognising the universality of

human rights such as theAmerican Declaration of the Rights and Duties of Man(April,

1948), the Convention on the Prevention and Punishment of the Crime of Genocide (December, 1948) and the Universal Declaration of Human Rights. Since the


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Declaration was adopted on 10 December, this date was chosen to honor the first global

enunciation of human rights (Human Rights Day).

TheEuropean Court of Human Rightswas set up in Strasbourg, on the 21 January 1959

as a part of the European Convention on the Protection of Human Rights and

Fundamental Freedoms (1951). As one of the most important international courts it

aims to apply and protect the civil and political rights of European citizens. Since 1998

it has sat as a full-time court and individuals can apply to it directly. Its jurisdiction has

been recognised by 47 European States. Judgments delivered by the Court are

binding on the countries concerned and have led governments to alter their legislation

and administartive practice in a wide range of areas.

Between January and December of 1960, 17 sub-Saharan African nations, including 14

former French colonies, gained independence from their former European colonists.

1962 was a crucial period in international relations for several reasons. On 14 October

the United States discovered soviet nuclear missile sites under construction in Cuba.

President Kennedy ordered a naval blockade of the island and all U.S. military forces

were prepared for launch, but on 28 October Khruschev announced the withdrawal of

the missiles. The crisis is regarded as one of the most dangerous moment of the Cold

War. It coincided closely with the Sino-Indian War (October 1962) which was fought

between the emerging regional powers of China and India along their shared border in

the heights of the Himalayan mountains in Ladakh and Aksai Chin. Even though the

Cold War is over, this territory still belongs to China.

TheInternational Convention on the Elimination of All Forms of Racial Discrimination

is a United Nations Convention adopted and opened for signature by the General

Assembly on 21 December 1965 and entered into force on 4 January 1969. According

to the document, racial discrimination is a situation where a person or a group is treated

differently because of their race, descent, colour, national or ethnic origin and this

treatment impairs or intended to impair their human rights and fundamental freedoms.All human rights including political, economic, social and cultural fields are to be


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ensured to everyone without racial discrimination. In order to do so states are monitored

by the Committee on the Elimination of Racial Discrimination to fulfill their

obligations.

By the middle of the 20th century the customary international law of treaties had grown

a fairly extensive body of rules. The problem was resolved by the adaptation of the

Vienna Convention on the Law of Treatieson 22 May 1969 (entered into force on 27

January 1980). The Convention is an essential component of the contemporary

international legal order, it has been ratified by more than hundred states and some

countries that have not ratified recognize it as a restatement of customary law and

binding upon them as such.

The 1970s were a remarkable decade in that it was the time when cultural diversity

became a matter of serious concern in international affairs and, at the same time, when

the number of nongovernmental organizations set up, to supplement and in some

instances even to supplant the work traditionally carried out by states. The two

phenomena were interrelated in that both reflected the growth of civil society and, by

the same token, the decline of state authority. Promotion of human rights required

international cooperation. World conferences began to be held, with or without the

sponsorship of the United Nations, that addressed the rights of diverse groups such as

"prisoners of conscience," ethnic minorities, women, the handicapped, or other groups

subject to discrimination. Protection of ethnic minorities got importance in international

relations. Right of minorities rooted in human rights and influenced by collective

cultural and social rights. As key international document in these years, the Helsinki

Final Act was an agreement signed by 35 nations (the United States, the Soviet Union,

Canada and every European country except Albania). It concluded the Conference on

Security and Cooperation in Europewhich event was designed to reduce tension and

lead to greater cooperation between the Soviet Union and the Western Bloc.

In December 1987, a collective Palestinian uprising erupted against Israel in the West

Bank and Gaza areas. The incident called Intifada, shaking off started on 6December. Its deep roots lay in the Israeli occupation of the West Bank and Gaza


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territories, but it is widely accepted that this time the main reasons were a series of

rumors and false allegations. Even though it was the first time that Palestinians acted

together as a nation, they did not achieve independence. The international community

has paid great attention to the conflict which paved the way for future negotiations

between the two parts culminating in the Oslo Accords(1993).

Due to the collapse of communist regimes in the late 1980s and early 1990s, the

reunification of Germany in 1990, and continued German membership in the North

Atlantic Treaty Organization (while the Warsaw Pact disintegrated), the allies could

plausibly claim that they won the Cold War. The aftermath of this victory has, however,

been characterized by many problems of economic hardship, political instability, the

proliferation of weapons of mass destruction, and ethnic strife in successor states of the

Soviet Union and Yugoslavia. As Soviet power faded some regional powers became

more significant actors in international relations. At the same time the number of

sovereign states has increased. International organizations, states, corporations, non-

governmental organizations and terrorist groups have developed into new centers of

power.

Minority rights have been acknowledged through several international treaties as

distinct rights of minority groups. Since their different identities require special

protection from discrimination and special action to promote the preservation of their

cultural diversity, religions and languages, this UN Declaration adopted by the UN

General Assembly in 1992 considered to be a milestone in human rights protection,

however it is non-binding. One of its main aims is that states should provide individuals

belonging to minority groups with sufficient opportunities for education in their mother

tongue. Members of minorities have the right to fully and effectively exercise all

their human rights and their equal participation in public sphere needs to be supported.

After the end of the Cold War and the fell of communism in 1989/1990 the Republic of

Yugoslavia began to fall apart as well. First Croatia, then Slovenia declared

independence from the federation which had been held together only by agressive

suppression of its constituent ethnicities. The root cause of the conflict was areferendum (29 February 1992) declaring the independence of Bosnia. Following this


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violence at the same time. According to the resolution came into force in 2011, all

member states must provide autonomous status within its territory. Host states shall be

responsible for providing autonomous executive and legislative power and must have

constitutional and financial guarantees for establishment of such institutions.

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