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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 2010 volume, features special focus sections on Education, Minorities in the Media and Minorities and Religion.
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.

Series:

Claudia Tavani

Is the use of mechanisms that only focus on the protection of individual human rights sufficient to protect the cultural identity of minorities? Much more can be achieved by adopting a system that applies the principles of equality and non-discrimination, and encompasses the recognition of a collective right to cultural identity. Culture and cultural identity are indeed important for the identification of groups and ethnicity. But are the Roma an ethnic group? Are they a minority? In answering these questions, Italy is used as a case study to illustrate the limits of non-discrimination provisions and the need to recognise the collective right to cultural identity.

The Concept of Group Rights in International Law

Groups as Contested Right-Holders, Subjects and Legal Persons

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Corsin Bisaz

The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in contemporary international law. Among some of its findings is the observation that an ideological way of arguing about this legal category is widespread
among scholars as well as practitioners; it sees this ideological framing as one of the main reasons why international law has so far been very reluctant to provide group rights and to call them by their name. Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through international law. Such an approach could turn group rights into an arguably minor, but nevertheless, highly relevant legal category of international law.

Laws, Lawyers and Texts

Studies in Medieval Legal History in Honour of Paul Brand

Series:

Edited by Susanne Jenks, Jonathan Rose and Christopher Whittick

The essays in this volume in honour of Paul Brand, Senior Research Fellow of All Souls College, Oxford, match his career and interests in the world of legal history as well as medieval social and economic history and textual studies. The topics explored include the Angevin reforms, legal literature, the legal profession and judiciary, land law, the relation between the crown and the Jews, the interaction of the Common Law with Canon and Civil Law, as well as procedural and testamentary procedures, the management of both ecclesiastical and lay estates and the afterlife of medieval learning. Like Brand’s own work, all the essays are grounded on detailed studies of primary sources. The result is a high quality scholarly book that will be of interest and use to medieval scholars, students and non-specialists with wide-ranging and varied interests.
Contributors include Sir John H. Baker*, David Carpenter, David Crook, Charles Donahue, Jr, Barbara Harvey, Richard H. Helmholz, John Hudson, Paul Hyams, David J. Ibbetson, Susanne Jenks, Janet S. Loengard, Alexandra Nicol, Bruce R. O'Brien, Robert C. Palmer, Sandra Raban, Jonathan Rose, Henry Summerson and Sarah Tullis.

*Professor Jon Baker is the winner of the American Society for Legal History’s 2013 Sutherland Prize. The prize, which is awarded annually, is for the best article on English legal history published in the previous year. The Prize was awarded to John baker for his article “Deeds Speak Louder Than Words: Covenants and the Law of Proof, 1290-1321" in Laws, Lawyers and Texts: Studies in Medieval Legal History in Honour of Paul Brand, ed. Susanne Jenks, Jonathan Rose and Christopher Whittick (2012). For more information about the Prize see: http://aslh.net/about-aslh/honors-awards-and-fellowships/sutherland-prize/

The Struggle for Female Suffrage in Europe

Voting to Become Citizens

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Edited by Blanca Rodriguez Ruiz and Ruth Rubio Marín

Whilst scholarship on women’s suffrage usually focuses on a few emblematic countries, The Struggle for Female Suffrage in Europe casts a comparative look at the articulation of women’s suffrage rights in the countries that now make up the political-unity-in-the-making we call the European Union. The book uncovers the dynamics that were at play in the recognition of male and female suffrage rights and in the definition of male and female citizenship in modern Europe. It allows readers to identify differences and commonalities in the histories of women’s disenfranchisement and sheds light on the role suffrage has played in the construction of female citizenship in European countries. It provides the background against which a new European paradigm of parity democracy is gradually asserting itself.

Competing Fundamentalisms and Egyptian Women’s Family Rights

International Law and the Reform of Sharī’a-derived Legislation

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Jasmine Moussa

The debate surrounding women’s family rights under Sharī’a-derived law has long been held captive to the competing fundamentalisms of universalism and cultural relativism. These two conflicting perspectives fail to promote practical tools through which such laws can be reformed, without prejudice to their religious nature. This book examines the development of Egypt’s Sharī’a-derived family law, and its compatibility with international obligations to eliminate discrimination against women. It highlights the interplay between domestic reform processes, grounded in the tools of takhayyur, talfiq and ijtihad, and international institutions and mechanisms. In attempting to reconcile these two seemingly dissonant value systems, this book underscores the shortcomings of Egypt’s legislation, proposes particular reforms, while simultaneously presenting alternatives to insular interpretations of international women’s rights law.

Series:

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 2008/9, features two special focus sections on Contemporary Challenges of Globalization and Minority Issues in South Asia.
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.

Old and New Islam in Greece

From Historical Minorities to Immigrant Newcomers

Series:

Konstantinos Tsitselikis

The legal and political habitus of Greece's Muslim population is discussed in a fascinating interdisciplinary historical overview of both indigenous minority and immigrant communities providing insights into the evolution and current state of minority and migration law. The book also speaks in a piercing fashion to the scholarly debate on communitarianism and liberalism, as Greece’s sui generis legal tradition and embrace of community rights often runs contrary to the country’s own liberal legal order and international human rights standards. How notions of ethnicity and citizenship have been challenged by recent Muslim immigration is further explored. The reader is therefore treated to a comprehensive analysis of minority rights pertaining to 'Old' and 'New' Islam in Greece within the European context.

Series:

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 2007/8, features two special focus sections on Minority Rights and Conflict and Participation.
Part II contains reports on the implementation of international instruments for the protection of minorities as well as new developments in relation to the legal protection of minorities at the national level.

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 UN Convention on the Rights of Persons with Disabilities

European and Scandinavian Perspectives

Series:

Edited by Oddný Mjöll Arnardóttir and Gerard Quinn

The International Convention on the Rights of Persons with Disabilities is the first human rights treaty adopted by the United Nations in the 21st century. It seeks to secure the equal and effective enjoyment of human rights for the estimated 650 million persons with disabilities in the world. It does so by tailoring gerneral human rights norms to their circumstances. It reflects and advances the shift away from welfare to rights in the context of disability. The Convention itself represents a mix between non-discrimination and other substantive human rights and gives practical effect to the idea that all human rights are indivisible and interdependent. This collection of essays examines these developments from the global, European and Scandinavian perspectives and the challenge of transposing its provisions into national law. It marks the coming of age of disabilty as a core human rights concern.