Accommodating National Identity

New Approaches in International and Domestic Law

This collection of essays brings together international lawyers with their perspectives on how the international community has coped with contemporary cases of nationalist crisis and constitutional lawyers from states which are attempting to facilitate the political expression of national identity through developments in federalism, devolution, and the protection of minority rights. The aim is to explore to what extent existing legal mechanisms permit a flexible engagement with, and accommodation of, the aspirations of national and ethnic groups. It would appear that a heightened level of fluidity in the interaction and exchange of normative standards now exists in the relationship between international and domestic law as both types of system confront the challenge which national identity continues to constitute. As this process marks a renewed preparedness on the part of legal systems to expand imaginatively to meet current problems it is hoped that this collection will highlight opportunities for an ongoing process of development in this complex and troubled area.

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'[T]he attraction of the volume lies in the extremely well-referenced scholarship on the conflicts and situations, and the broadly realistic but not cynical appproach of the authors.'
Patrick Thornberry, International Affairs, 77:2.
Introduction; S. Tierney.
National Identity and the Internationalisation of Constitutional Structures. From Yugoslavia to Bosnia: Accommodating National Identity in National and International Law; D. McGoldrick.
Canada's Two Solitudes: Constitutional and International Law in Reference re Secession of Quebec; P. Oliver.
The Road Back to Hell: the international response to the crisis in Kosovo; S. Tierney.
National Identity and the Construction of Constitutions. Scottish Devolution: Accommodating a Restless Nation; C.R. Munro.
Constitutional Accommodation of Ethnicity and National Identity in Nepal; S.P. Subedi.
National Identity and Minority Rights: the Interaction of International and Domestic Law. Accommodating an Emergent National Identity: the Roma of Central and Eastern Europe; I. Pogany.
The Rights of Ethnic Minorities in Pakistan: a Legal Analysis; S. Ali.
Ancient Peoples and New Nations in the Russian Federation: Questions of Theory and Practice; B. Bowring.
National Identity: the Territorial Question in International and Domestic Law. Transcending Territory: Towards an Agreed Northern Ireland; B. Thompson.
National Identity & the International Law of Self-Determination: the Stratification of the Western Saharan `Self'; J. Castellino.
Concluding Remarks; J. Rehman.
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