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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 2006/7, features two special focus sections on Crossborder Cooperation and Minorities in Eastern Europe and Diversity Managment and Integration.
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.

International Norms and Standards for the Protection of National Minorities

Bilateral and Multilateral Texts with Commentary

Björn Arp

A broad network of bilateral treaties for the protection of national minorities has been set up during the past fifteen years. They complement and further develop the Framework Convention for the Protection of National Minorities and other multilateral instruments. Some texts are genuine international treaties, while others are non-binding political documents. The present book brings all these texts together in a reliable English translation, which offers practitioners and researchers easy access to and supplies knowledge on the present state of development of the conventional and customary sources of law in this field. The introductory study helps further understanding of the legal character of the texts and explains how to work with these often complex and interrelated sources of law.

William Kurt Barth

This work addresses the question: how has the evolution of a legal regime within the United Nations and regional organisations influenced state behaviour regarding recognition of minority groups? The author assesses the implications of this regime for political theorists’ account of multiculturalism. This research bridges a gap between normative questions in political theory on multiculturalism and the international law on minorities. It does so by means of case studies of legal challenges involving two groups, namely, the Aboriginal peoples of Canada, and the Roma peoples in Europe. The author concludes by discussing the normative implications of the minority regime for helping to resolve conflicts that arise out of state treatment of minority groups.

Property Rights, Indigenous People and the Developing World

Issues from Aboriginal Entitlement to Intellectual Ownership Rights

David Lea

This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion

Settling Self-Determination Disputes

Complex Power-Sharing in Theory and Practice

Edited by Marc Weller and Barbara Metzger

The study is the result of an international collaborative project supported and funded by the Carnegie Corporation of New York. This multi-year venture has involved a research team of some forty chapter authors and commentators. The research has been accompanied by three major workshops on project methodology, initial chapter reviews and final discussions. A point was made of including both scholars and practitioners involved in power-sharing settlements in the review process, in the hope that more would be learned about the actual implementation of the settlements under investigation. The project team was united in its wish to explore whether long-standing secessionist conflicts have been addressed effectively through the significant number of self-determination settlements that were generated in response to the wave of internal conflicts of the 1990s. It was also committed to testing whether consociationalist and integrative techniques of conflict settlement really are as mutually exclusive as is sometimes supposed, or whether they can in fact be mutually reinforcing. Finally, the project derives its impetus from the necessity to critically rethink the doctrine of self-determination. One may question whether its traditional, restrictive interpretation will be adequate in confronting the wide variety of future challenges to the territorial integrity of states.

Tolerance through Law

Self Governance and Group Rights in South Tyrol

Edited by Jens Woelk, Joseph Marko and Francesco Palermo

The autonomous province of South Tyrol in Northern Italy is generally considered to be one of the most successful examples for the solution of ethnic conflicts. The autonomy arrangement is characterized by detailed legal safeguards and strong guarantees creating a special and unique position within the Italian legal system and in a comparative perspective. This book gives an analysis of the evolution of the legal instruments and institutions of self-government and minority protection through power-sharing as well as of the experience gathered during decades of the implementation of a "working autonomy". It thus provides insights regarding the state and the evolution of this specific case as well as for the general tendencies in the development of territorial autonomy and minority protection.

Marc Weller

This book traces the failure of international action in Kosovo from the late 1980s until NATO intervention in 1999, and endeavours to explain why, during that time, so many opportunities for making peace were squandered. Applying methodology developed by the EU Conflict Prevention Network, it divides the conflict into four main phases and examines how, at each, chances for settlement were either lost or overlooked. It considers policy alternatives available at the time, and hypothesises reasons why these were ultimately discarded. Drawing on a wide range of sources, including the author’s own experience of the negotiations process, this book presents a hitherto unexplored thesis of the Kosovo conflict, that of a ‘lag’ in international action in relation to the situation on the ground, and seeks to draw from these failures some central lessons for the future of conflict prevention.

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Sylvie Langlaude

The child’s right to religious freedom in international law has never been considered in a comprehensive fashion, yet key issues include the prevention of indoctrination, religious clothing, the relationship of the child with parents and religious communities, and the duties of the state to the child. Building on a sociological analysis of religious children, a body of international legal materials is analysed against a theoretical model of what the child’s right ought to be. This book is the first attempt at analysing what international law says on the question, the result is a compelling analysis of the definitive position of international law on the child’s right to religious freedom.

Law and Ethnic Plurality

Socio-Legal Perspectives

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Edited by Prakash Shah

The large-scale establishment of ethnic minorities and diasporic communities in Europe has gained the attention of social science scholars for a number of decades now. However, legal interest in this field has remained relatively underdeveloped, and few scholars have addressed emerging legal issues to any significant degree. This collection of contributions by leading writers in the field of ethnic migration and diaspora studies therefore provides some important interdisciplinary perspectives of how ethnic/diasporic minorities in British and European contexts interact with the official legal system. This volume makes a significant contribution in assessing the role of law in current debates on the integration of ethnic and religious minorities of migrant origin in the EU. The chapters derive from papers first delivered at a lecture series on ‘Cultural Diversity and Law’ at the Institute of Advanced Legal Studies. The contributors’ disciplinary interests range across law, anthropology, sociology, geography and political theory, and each one addresses the issues within his or her field of study by adopting approaches that place law within its wider social and political context. The topics covered range from a number of ‘public’ and ‘private’ law issues as well as the more conceptual realms of jurisprudence. They include marriage laws, approaches to dispute resolution, the role of courts and juries in the criminal justice system, drugs policies and the criminalisation of minorities, free speech and blasphemy, planning laws and the construction of religious buildings, composition of the judiciary, the normative foundations of cultural diversity in law, and integration and law. The compilation should therefore attract an interest beyond its core readership in law, making legal issues accessible to a whole range of students and policy makers within the social sciences.

Beyond Systemic Discrimination

Educational Rights, Skills Acquisition and the Case of Roma

Series:

Päivi Gynther

This coherent and pragmatically relevant monograph examines the soundness of the legal framework in education. Deriving from the disadvantage doctrine, it presents an analytical scheme for diagnosing whether or not domestic education law is in harmony with international human rights and minority rights law. The book examines law as a system and focuses on the reported perpetuation of educational disadvantage among Roma all over Europe. This focus suggests that minority individuals falling into several partly overlapping categories may become subjected to educational discrimination even by states that appear to fulfil relevant international standards. A functional approach to skills acquisition is suggested as a constructive way forward towards sustainable and inclusive education systems.