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Tolerance Through Law
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.
Nationalism, Secessionism, and Autonomy
The strength of secessionism in liberal-democracies varies in time and space. Inspired by historical institutionalism, Nationalism, Secessionism, and Autonomy argues that such variation is explained by the extent to which autonomy evolves in time. If autonomy adjusts to the changing identity, interests, and circumstances of an internal national community, nationalism is much less likely to be strongly secessionist than if autonomy is a final, unchangeable settlement. Developing a controlled comparison of, on the one hand, Catalonia and Scotland, where autonomy has been mostly static during key periods of time, and, on the other hand, Flanders and South Tyrol, where it has been dynamic, and also considering the Basque Country, Québec, and Puerto Rico as additional cases, this book puts forward an elegant theory of secessionism in liberal-democracies: dynamic autonomy staves off secessionism while static autonomy stimulates it.
Constitutional Law and Regionalism
This topical book analyses the practice of negotiating constitutional demands by regional and dispersed national minorities in eight multinational systems. It considers the practices of cooperation and litigation between minority groups and central institutions in Australia, Britain, Canada, New Zealand, Italy, Spain, and the U.S. and includes an evaluation of the implications of the recent Catalan, Puerto Rican and Scottish referenda. Ultimately, the author shows that a flexible constitution combined with a versatile constitutional jurisprudence tends to foster institutional cooperation and the recognition of the pluralistic nature of modern states
Regional Autonomy, Cultural Diversity and Differentiated Territorial Government
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.
Globalization, Technologies and Legal Revolution
The book "Liber Amicorum in Memory of Sergio Ortino" is covering Globalization, Technologies and Constitutional Theory, Supranational Integration, Federalism and Minorities, Territorial and Cultural Diversity Management. Colleagues, alumni and friends of Professor Ortino tried to trace his research approach looking into new fields explaining legal phenomena. The essays collected in the book look beyond the traditional academic horizon which was too tight and narrow for Professor Ortino's innate search for new challenges, new disciplines and cross-disciplinary inputs. This ample look was always important for Professor Ortino in order to deepen the knowledge in fields that are essential to bet...
Ethnicity, Nationalism and the European Cold War
Explores the continuity of ethnic and national politics during the Cold War.
EU Citizens’ Economic Rights in Action
Ever since its inception, one of the essential tasks of the EU has been to establish the internal market. Despite the impressive body of case law and legislation regarding the internal market, legal and factual barriers still exist for citizens seeking to exercise their full rights under EU law. This book analyses these barriers, and proposes ways in which they may be overcome.Next to analysing the key barriers to exercising economic rights more generally, this book focuses on three areas which represent the applications of the four basic freedoms: consumer rights, the rights of professionals in gaining access to the market, and intellectual property rights in the Digital Single Market. With...
Local Governance in Multi-Layered Systems
The book provides a comprehensive analysis of local government in federations. It fills the gap in current legal research and positions local government in federal studies through the lenses of comparative law, adopting a more nuanced approach to local government. The book considers the shortcomings between the black-letter constitution and its operational rules. Whether (and how) the regime of local government is implemented is more relevant than its formal-but-ineffective recognition. The comparative survey discloses the variety local institutions take in different federal contexts. Divided into three parts, the book comprises chapters investigating local government in systems that, to var...
Courts and Diversity
The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.
Highs and Lows of European Integration
In light of Europe’s prolonged state of crisis, this book reassesses the challenges and prospects of the European integration process. Scholars from diverse disciplines reflect on various types of integration by analyzing political, economic and sociological variables, while also taking legal and cultural constraints into account. Readers will learn about the dilemmas and challenges of the European transformation process as well as political reforms to overcome these challenges. The book is divided into four parts, the first of which discusses the external dimension of the European Union, including a review of development aid policies and EU foreign policy. In turn, the second part focuses on institutional change and asymmetrical integration in the EU. The third part is devoted to the rise of populism and nationalism, including an analysis of the role of civil society organizations in the Brexit. In closing, the last part highlights the crisis of the Euro as a symbol of European integration and the emerging social and economic divide between countries of the North and South.
