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Autonomy and Self-Determination
Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy. Autonomy and Self-Determinationoffers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of is...
Cultural and Linguistic Minorities in the Russian Federation and the European Union
This is the first comprehensive volume to compare the sociolinguistic situations of minorities in Russia and in Western Europe. As such, it provides insight into language policies, the ethnolinguistic vitality and the struggle for reversal of language shift, language revitalization and empowerment of minorities in Russia and the European Union. The volume shows that, even though largely unknown to a broader English-reading audience, the linguistic composition of Russia is by no means less diverse than multilingualism in the EU. It is therefore a valuable introduction into the historical backgrounds and current linguistic, social and legal affairs with regard to Russia’s manifold ethnic and linguistic minorities, mirrored on the discussion of recent issues in a number of well-known Western European minority situations.
Democratic Constitutionalism in India and the European Union
Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.
The Universal Declaration of Human Rights
The adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948 by the United Nations General Assembly marked a groundbreaking moment in the field of international law. Not only would it start to move away from its original conception as an exclusively State-centered domain: it would also mark the progressive transformation of international law into a law for humankind. This instrument started a codification and institution-building process that would slowly evolve into a complex framework of treaties, bodies and procedures revolving around the protection of the human being against the actions – or omissions – of the State. This commentary provides a specific analysis and reflection of how each one of the rights enshrined therein have evolved over time.
Linguistic Justice for Europe and for the World
In Europe and throughout the world, competence in English is spreading at a speed never achieved by any language in human history. This growing dominance of English is frequently perceived as being grossly unjust. This book is the first systematic treatment of the of the normative aspects of language policy and how this relates to justice.
Minority Language Protection in Europe
This volume contains a selection of papers based on presentations given at the international conference entitled "The European Charter for Regional or Minority Languages: Achievements and Challenges", co-organised by the Council of Europe, The Government of Spain, The Government of the Basque Country And The University of the Basque Country, which was held in Bilbao (Spain) on 20 and 21 April 2009. This work looks at the future prospects of the charter in the light of the experience gained over the first decade of the charter's existence. it is evident that governments bear the primary responsibility in preparing for ratification and in applying the charter, and this is illustrated by case studies for some states parties To The charter. However, regional and local authorities also play a very important role in relation To The charter as they are confronted on a daily basis with the use and protection of minority languages
Linguistic Justice
Globalization and migration are producing societies of increasing linguistic diversity. At the same time, English is achieving unprecedented global dominance, smaller languages are becoming 'extinct' at an alarming rate, and ethnic tensions in countries from Belgium to Tibet continue to centre on questions of language. Against this background, the issue of how to ensure justice between speakers of different languages becomes a pressing social concern. Matters of 'linguistic justice' are therefore drawing increasing scholarly attention across a range of disciplines. How does international law contribute to linguistic justice? This book explores that question by conducting a comprehensive, int...
Deconstructing Self-Determination in International Law
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
The European Charter for Regional Or Minority Languages
This publication considers the charter for Regional or Minority Languages from a legal perspective. It illustrates the charter ratification process in individual states, presents implementation case studies for some states parties, assesses the influence of this instrument on domestic law and the legal implications of non-compliance. Some papers also explore more general issues surrounding the charter, weighing the advantages and disadvantages of a broad interpretation of the undertakings of states parties and looking at the challenge of adapting this instrument to a changing society.
The European Union as Protector and Promoter of Equality
This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-di...
