Summary

Abstract

Since the end of the Cold War, the OSCE has been on the forefront of minority protection: both with regard to standard setting and implementation. Its documents paved the way for endeavours by the Council of Europe and the UN. Two aspects of the OSCE minority protection system are especially interesting from an international legal perspective: As the OSCE adopts politically and not legally binding documents, the process of lawmaking as well as the binding effect of OSCE norms differ from legal ones. Second, the system is rooted not only in human rights like more traditional systems affecting the protection of national minorities, but also in conflict prevention. This allows for creative norm setting and finds its strongest expression in the creation of the High Commissioner on National Minorities as conflict prevention instrument.