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Edited by European Centre for Minority Issues and The European Academy Bozen/Bolzano

The European Yearbook of Minority Issues provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe.
Part I contains scholarly articles and, in the 2013 volume, features a special focus section on Bilateral Treaties - Bilateralization.
Part II contains reports on national and international developments.

Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook is an indispensable reference tool for libraries, research institutes as well as governments and international organisations.

The European Yearbook of Minority Issues is also available online.

Explaining Law

Macrosociological Theory and Empirical Evidence

Series:

Larry D. Barnett

Sociologist-lawyer Larry D. Barnett advances the macrosociological thesis that, in nations that are structurally complex and democratically governed, concepts and doctrines of law on society-central social activities are fashioned by society-level conditions, not by particular (or even prominent) individuals. Because a substantial body of social science research has found that law in a modern nation does not have a large, permanent effect on the frequency of such activities, the book contends that the content of law on the activities is a product, not a determinant, of the society in which the law exists. Explaining Law bolsters this contention with several original studies, and illustrates types of quantitative evidence that can be used to build a macrosociological theory of law.

Edited by Charles Chernor Jalloh and Alhagi B.M. Marong

Promoting Accountability under International Law for Gross Human Rights Violations in Africa is pre-eminently a study on the work and contribution of the first international judicial mechanism, the International Criminal Tribunal for Rwanda (ICTR), devoted exclusively to challenging impunity for serious international crimes committed in Africa. This volume is dedicated to the eminent international jurist Justice Hassan Bubacar Jallow, the Tribunal’s longest serving Chief Prosecutor and the first prosecutor of the United Nations Mechanism for International Criminal Tribunals. The noted scholar and practitioner contributors discuss various aspects of the law, jurisprudence and practice of the Tribunal over its twenty year existence, while also drawing lessons for current and future international courts such as the International Criminal Court. Themes covered include the role of the international prosecutor; the prosecution of sexual and gender-based crimes; the relationship between national and international courts; the role of other international institutions in challenging impunity; and the role of African languages in international criminal trials. Given its wide ranging substantive coverage, this book will be invaluable to anyone interested in criminal justice, human rights and humanitarian law whether in Africa or other parts of the world.

The Foundations of Modern International Law on Indigenous and Tribal Peoples

The Preparatory Documents of the Indigenous and Tribal Peoples Convention, and Its Development through Supervision. Volume 1: Basic Policy and Land Rights

Series:

Lee Swepston

Also available as a print set of two, see isbn 9789004373754
The International Labour Organization is responsible for the only two international Conventions ever adopted for the protection of the rights and cultures of indigenous and tribal peoples. The Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced Convention No. 107, are the only international Conventions ever adopted on the subject, and Convention No. 169 is the only one that can now be ratified. This volume, and its companion to be published at a later date, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights Of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted. The author of this unique study was responsible for many years for the supervision of both Conventions in the ILO’s supervisory machinery, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject of indigenous and tribal peoples.

Seeking Asylum in the European Union

Selected Protection Issues Raised by the Second Phase of the Common European Asylum System

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Edited by Céline Bauloz, Meltem Ineli-Ciger, Sarah Singer and Vladislava Stoyanova

Seeking asylum in the European Union (EU) today is as complex as the EU asylum system itself: the different forms of protection that exist do not remain easily accessible and are sometimes not tailored to the specific protection needs of asylum-seekers. The aim of this volume is to provide critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System. A broad range of issues are examined relating to access to and qualification for international protection and the further problems raised by this amended set of asylum instruments which continue to impede asylum-seekers from benefiting from effective protection in EU Member States.

With a foreword by Professor Hélène Lambert.

The United Nations Declaration on Minorities

An Academic Account on the Occasion of its 20th Anniversary (1992-2012)

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Edited by Ugo Caruso and Rainer Hofmann

Created in order to celebrate the 20th Anniversary of the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992-2012), this publication aims to offer readers a comprehensive review, written by a variety of scholars in the field, of the value and impact of the standards formulated in the Declaration. In so doing, it hopes to stimulate attention for and debate around the Declaration and its principles. The regional perspectives and case studies included further enable the identification of positive initiatives and good practices as well as persistent gaps in the implementation of the standards enshrined in the Declaration.

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Edited by Cristina Fraenkel-Haeberle, Sabine Kropp, Francesco Palermo and Karl-Peter Sommermann

Citizen Participation in Multi-level Democracies offers an overview of new forms of participatory democracy in federally and regionally organised multi-level states. Its four sections focus on the conceptual foundations of participation, the implementation and instruments of democracy, examples from federal and regional States, and the emergence of participation on the European level.
There is today a growing disaffection amongst the citizens of many states towards the traditional models of representative democracy. This book highlights the various functional and structural problems with which contemporary democracies are confronted and which lie at the root of their peoples’ discontent. Within multi-level systems in particular, the fragmentation of state authority generates feelings of powerlessness among citizens. In this context, citizens’ participation can in many cases be a useful complement to the representative and direct forms of democracy.

Federalism as Decision-Making

Changes in Structures, Procedures and Policies

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Edited by Francesco Palermo and Elisabeth Alber

Accounting for participation, separation of powers and democratic accountability, federalism gains momentum in times when traditional democratic legitimacy of institutional decision-making is challenged. Its ability to include multiple interests makes federalism a means to ensure good governance.
Based on a multidisciplinary analysis, the book tackles the question of whether federalism as a pragmatic governance tool provides answers to current challenges and what those answers are. Thirty-three leading experts critically examine to what extent federalism serves this purpose in compound states, looking at different countries and policies.
The volume revolves around five sub-themes: ‘federalism, democracy and governance’, ‘participation mechanisms and procedures’, ‘policy areas compared’, ‘institutional innovation and participatory democracy’ and ‘federalism: from theory to governance’.

Treading on Sacred Grounds

Places of Worship, Local Planning and Religious Freedom in Australia

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Noel Villaroman

In Treading on Sacred Grounds: Places of Worship, Local Planning and Religious Freedom in Australia, Noel Villaroman analyses the engagement of religious groups with local councils in Australia in their applications to build places of worship. Such applications often encounter opposition from local residents who are reluctant to share their neighbourhood or street with the newly arrived and less known ‘other.’ The local councils, being the planning authority that grants or refuses such applications, are caught in the middle of these disputes. Using the lens of international human rights law, the book probes the local councils’ actions and their repercussions to religious freedom. The book has concrete legal and social implications that it is bound to impact not only legal scholarship but also, crucially, policy makers.

Migration and Autonomous Territories

The Case of South Tyrol and Catalonia

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Edited by Roberta Medda-Windischer and Andrea Carlà

Migration is an increasingly important reality for sub-national autonomous territories characterized by large historical communities or minorities. The diverse claims of these groups, on the one hand, and of new communities arising from migration, on the other, bring complexity to the management of migration issue in the territories.
Migration and Autonomous Territories, edited by Roberta Medda-Windischer and Andrea Carlà, draws on the fields of migration and minority studies, to analyze the challenges associated with the need to reconcile diversity and unity in autonomous territories. The volume compares the cases of South Tyrol and Catalonia, characterized both by the presence of large historical communities and minorities, and significant migration aims, and sheds new light on how sub-national units deal with migration.