Tolerance Through Law


Book Description

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


Book Description

“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.







Minority Self-Government in Europe and the Middle East


Book Description

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.







Minorities in the Balkans


Book Description

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.







100 Years of Modern Territorial Autonomy - Autonomy around the World


Book Description

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.




Extending Protection to Migrant Populations in Europe


Book Description

This comprehensive and innovative volume focuses on the usefulness and relevance of extending the scope of protections already in place for national minorities ('old minorities') to migrant populations ('new minorities') in Europe. Delving into a highly relevant but under-researched issue, the book examines the feasibility of expanding the system of protection for national minorities to migrant groups, as well as considering issues of diversity, security, socio-economic concerns and identity. Taking a multidisciplinary perspective, and combining insights from political science, law, sociology and anthropology, it asks the central question of how far the extension of policies and rights currently specific to national minorities is conceptually meaningful and beneficial to the integration of ‘new’ minorities. In doing so, it questions the feasibility and appropriateness of extending the scope of the protections already in place for national minorities to other categories of population. This book will be of key interest to scholars, students and practitioners of European Union politics, migration studies, minority studies and more broadly of sociology, international law and human rights.