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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.
This volume, Minority Self-Government in Europe and theMiddle 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.
“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.
South Tyrol, a region in the heart of the Alps about half the size of Connecticut, brings into sharp focus an important part of twentieth-century history. Tyrol, a province that had been part of Austria for over 500 years and was almost totally German-speaking, was split in two after World War I and the southern part awarded to Italy as "spoils of war." The first phase to follow after the split of Tyrol was systematic subjection by the Italian Fascists of what had been a regional majority in South Tyrol, but was now a minority within Italy. In a second phase, to gain an Italian majority, the country was settled with Italians from the south, who had a totally different mentality from the Italians residing in South Tyrol. With the emergence of National Socialism in Germany, and eventually with the Hitler-Mussolini Agreement of 1939, a third phase emerged: an experiment in "ethnic cleansing" called the "Option." Eighty-six percent of all South Tyroleans agreed to leave South Tyrol and become citizens of "Greater Germany." After World War II, the region was not returned to Austria: South Tyrol became the first victim of the Cold War. It took almost forty years of hard bargaining before South Tyrol was granted real autonomy in 1969. This resolution is now regarded as a model for solving minority conflicts. Rolf Steininger traces the history of this troubled region during several periods: 1918-1922, in which he covers the period from the division of Tyrol to the march on Bozen; 1922-1938, in which he reviews fascist policy towards South Tyrol; the "Option" of 1939; the resettlement and so-called reunification from 1943-1945; South Tyrol's role as a bargaining chip in the Cold War, and the Gruber-Gasperi Agreement of 1946; and the volume closes with a discussion of the plan negotiated in 1969 for a new autonomy for South Tyrol that came to be known as the "Package." Rolf Steininger is professor and head of the Institute of Contemporary History at the University of Innsbruck. He is European Union Jean-Monnet Professor, senior fellow of the Eisenhower Center for American Studies of the University of New Orleans, board member of the European Community Studies Association, and the author of numerous books, articles, and television documentaries.