OSCE National Minority Rights in the United States: The Limits of Conflict Prevention

Abstract:     
This article explores the role and structure of the Organization for Security and Cooperation in Europe (OSCE) in the late 1990's during a period when it was undergoing a dramatic expansion of its mandate in response to the end of the Cold War. In particular the article describes the OSCE's creation of the concept of national minority rights. It presents an analysis of whether the rights and obligations of OSCE members, as stated in the various statements issued by OSCE members, states have become customary international law. Finally, it explores the question of whether US courts would recognize the existence of the OSCE's national minority rights in the United States.

Number of Pages in PDF File: 56

Keywords: OSCE, CSCE, Organization for Security and Cooperation in Europe, Helsinki Final Act, opinio juris, customary international law, gentleman's agreement, Cold War, national minority rights

JEL Classification: K33

Accepted Paper Series