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.




Terrorism and Democracy


Book Description

Terrorism is here to stay and it will probably beset the newly emerging democracies of eastern Europe and the Soviet Union. However such political violence can be combatted and this is a study of terrorism and how it has been successfully contained in contemporary first world democracies.




Asymmetric Autonomy and the Settlement of Ethnic Conflicts


Book Description

Throughout the world many sovereign states grant one or more of their territories greater autonomy than other areas. This arrangement, known as asymmetric autonomy, has been adopted with greater regularity as a solution to ethnic strife and secessionist struggles in recent decades. As asymmetric autonomy becomes one of the most frequently used conflict resolution methods, examination of the positive and negative consequences of its implementation, as well as its efficacy, is vital. Asymmetric Autonomy and the Settlement of Ethnic Conflicts assesses the ability of such power distribution arrangements to resolve violent struggles between central governments and separatist groups. This collection of new case studies from around the world covers a host of important developments, from recentralization in Russia, to "one country, two systems" in China, to constitutional innovation in Iraq. As a whole, these essays examine how well asymmetric autonomy agreements can bring protracted and bloody conflicts to an end, satisfy the demands of both sides, guarantee the physical integrity of a state, and ensure peace and stability. Contributors to this book also analyze the many problems and dilemmas that can arise when autonomous regions are formed. For example, powers may be loosely defined or unrealistically assigned to the state within a state. Redrawn boundaries can create new minorities and make other groups vulnerable to human rights violations. Given the number of limited self-determination systems in place, the essays in this volume present varied evaluations of these political structures. Asymmetric state agreements have the potential to remedy some of humanity's most intractable disputes. In Asymmetric Autonomy and the Settlement of Ethnic Conflicts, leading political scientists and diplomatic experts shed new light on the practical consequences of these settlements and offer sophisticated frameworks for understanding this path toward lasting peace.




Regional Autonomy, Cultural Diversity and Differentiated Territorial Government


Book Description

Regional Autonomy, Cultural Diversity and Differentiated Territorial Government assesses the current state of the international theory and practice of autonomy in order to pursue the possibility of regional self-government in Tibet. Initiated by a workshop and roundtable with political representatives from different autonomous regions, including His Holiness the 14th Dalai Lama, this book brings together a group of distinguished international scholars to offer a much-needed enquiry into solutions to the Tibetan quest for ‘genuine’ autonomy. Examining the Chinese framework of regional self-government, along with key international cases of autonomy in Europe, North America and Asia, the contributors to this volume offer a comprehensive context for the consideration of both Tibetan demands and Chinese worries. Their insights will be invaluable to academics, practitioners, diplomats, civil servants, government representatives, international organisations and NGOs interested in the theory and practice of autonomy, as well as those concerned with the future of Tibet.




Autonomy, Self Governance and Conflict Resolution


Book Description

Conflicts over the rights of self-defined population groups to determine their own destiny within the boundaries of existing states are among the most violent forms of inter-communal conflict. Many experts agree that autonomy regimes are a useful framework within which competing claims to self-determination can be accommodated. This volume explores and analyses the different options available. The contributors assess the current state of the theory and practice of institutional design for the settlement of self-determination conflicts, and also compare and contrast detailed case studies on autonomous regimes in the former Yugoslavia, the Crimea, Åland, Northern Ireland, Latin America, Indonesia and Vietnam.