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The autonomous province of South Tyrol in Northern Italy is generally considered to be one of the most successful examples for the solution of ethnic conflicts. This book gives an analysis of the evolution of the legal instruments and institutions of self-government and minority protection through power-sharing as well as of the experience gathered during decades of the implementation of a "working economy." It thus provides insights regarding the state and the evolution of this specific case as well as for the general tendencies in the development of territorial autonomy and minority protection.
“One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.
This volume, Minority Self-Government in Europe and the Middle East: From Theory to Practice, is novel from several perspectives. It combines theory with facts on the ground, going beyond legal perspectives without neglecting existing laws and their implementation. Theoretical discussions transcend examining existing autonomy models in certain regions. It offers new models in the field, discussing such critical themes as environmentalism. Traditional concepts such as self-determination and well-known successful autonomy examples, including the Åland Islands, Basque and Catalonian models, are examined from different perspectives. Some chapters in this volume focus on certain regions (including Turkey, Syria, and Iraq) which have only recently received scholarly attention. Chapters complement one another in terms of their theoretical inputs and outputs from the field.
This unique book examines the international law of minority rights as it has been applied in the Balkans since the First World War, contending that this region, where minority rights issues are acute and abundant, holds the promise of an enforceable regime of international minority rights that would promote both human rights law and peace in the Balkans. Published under the Transnational Publishers imprint.
An unclouded look at territorial autonomy back and forward, 100 years after the establishment of the first "modern" territorial autonomy in a democratic state: the Åland Islands in Finland in 1921/22. Where has autonomy been successful to ensure minority protection and self-government, where has it failed, where is it in crisis, where is it aspired to? In which cases would autonomy settle open conflicts between states and regional communities, and in which cases of national emancipation is autonomy no longer sufficient? In 2021, after 100 years of experience with territorial autonomy in all parts of the world, this concept for solving sub-state conflicts is still underestimated. Background information and assessments on the development to date and on the perspectives for the application of territorial autonomy in various regions worldwide by the author of "The World's Modern Autonomy Systems", conversations with ten outstanding personalities from politics and science in these regions and a foreword by the South Tyrolean politician and scientist Oskar Peterlini, former senator in Rome. Thomas Benedikter is an economist and political scientist, publicist, working for South Tyrol's Center for Political Studies and Civic Education POLITiS.
Ethnic conflicts have shaped the 20th century in significant ways. While the legacy of the last century is primarily one of many unresolved conflicts, the author contends that Western Europe has a track record in containing and settling ethnic conflicts which provides valuable lessons for conflict management elsewhere. Focusing on ethno-territorial crossborder conflicts in Alsace, the Saarland, South Tyrol, and Northern Ireland, Andorra and the New Hebrides, the author develops a four-dimensional analytical framework that synthesizes the distinct factors that influence the complex relationship between host-state, kin-state, actors in the disputed territory, and in the international context.
Can national minorities participation in decision-making processes be achieved in any constitutional context ? Can developing international standards assist governments in devising national policies? What are the challenges if states are to use cultural autonomy to improve minority participation? This publication presents The UniDem Seminar on The participation of minorities in public life, which took place in Zagreb on 18 and 19 May 2007, discussed ways of answering these topical questions. This publication contains the reports presented and discussed at the UniDem Seminar organized by the European Commission for Democracy through law (the Venice Commission), under the patronage of the President of the Republic of Croatia and in cooperation with the Ministry of Foreign Affairs and European Integration of the Republic of Croatia, the University of Zagreb and the University of Glasgow.