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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...
National Identity in EU Law
With a focus on how national identity impacts the decision-making of the European Court of Justice, Elke Cloots provides an innovative adjudication scheme that purports to assist the ECJ in its search for a proper balance between respect for national identity and European integration.
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.
Language Policy and the Future of Europe
This volume offers an insider perspective on language policy in the EU, bringing together two key figures well acquainted with its development to reflect critically on the future of language policy and practices in post-Brexit Europe. Born out of Alice Leal’s English and Translation in the European Union, this volume features annotated interviews with Seán Ó Riain, newly appointed Multilingualism Officer by the Irish diplomatic service, whose decades of experience in key milestones in EU language policy offer a unique perspective on its development. Each chapter, bookended by a contextual introduction and a closing commentary by Leal, addresses such key questions as: How long can the EU ...
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...
The Legal Effects of EU Soft Law
This incisive book evaluates the legal effects of soft law, its foundations and how they behave in some of the most innovative areas of EU law. Combining theory, language and sectoral insights, this comprehensive review uses case studies to shed new light on the three core areas of soft law.
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.
Minority Governance in and beyond Europe
Minority Governance in and beyond Europe offers a review of contemporary developments in minority relations. The publication addresses normative and institutional developments in a pan-European context. It tackles the theoretical and practical implications of power-sharing; the dichotomy of ‘old’ and ‘new’ minorities; human rights violations; public institutions for minority protection and abating discrimination; theoretical reflections on minority activism; political participation of minorities; justifications of minority protection; the evolution of language rights, and minorities in relation to EU law. It offers a lens that provides the reader with a clearer understanding about academic thinking and indicates where political will is needed to advance the minority rights protection regime in the future. Compiled to celebrate the 10th anniversary of the European Yearbook of Minority Issues, and offering a selection of the most important articles published in the Yearbook, this collection will be of great interest to scholars, students and policy-makers engaging in minority-related activities and interested in multiethnicity and cultural pluralism in Europe
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.
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.
