Dromina-Volok N. The Concept of Racial Discrimination in International Law.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0516U000230

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

04-03-2016

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis presents the holistic international legal concept of racial discrimination, formulated through the prism of the paradigm-forming concept of fundamental equality, its genesis, philosophical basis, essence, normative definition, current status and development trends. The notion of fundamental equality ("basic equality") reflects an equal value and equal dignity of all people. The author argues that racial discrimination is a direct and obvious denial of fundamental equality with regards to racially categorized and equated individuals and social groups. The definition of the international antidiscrimination law as a complex branch of international law regulating international cooperation in combating discrimination is suggested in the thesis. The conceptosphere of the international antidiscrimination law is based on the key metaconcepts of "equality" and "justice", which have ancient origins and enduring significance. The egalitarian nature of the international antidiscrimination law evolves from the recognition of fundamental equality as a doctrinal key for perceiving discrimination as a legal concept and social phenomenon. The process of the international antidiscrimination law institutionalization is studied. The sub-brunch of the international antidiscrimination law, - racial antidiscrimination law - is distinguished for the purpose of this research. It includes the "general" part, being a conceptual basis for the development of its categorical framework and creating a general mechanism of combating racial discrimination; and the "specific" part, containing special international legal mechanism of protection against discrimination of certain categories of victims of racial discrimination.

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