National Minorities in Inter-State Relations

Ethno-cultural and State boundaries seldom overlap. Almost all States have minorities of some kind, with many belonging to communities which transcend State frontiers. These communities often serve as a bridge between States, fostering a climate of dialogue and tolerance. However, when transfrontier cultural ties take on political significance and States unilaterally take steps to defend, protect or support what they describe as “their kin” outside their jurisdiction, there is a risk of political tension or even violence. To what extent and how can States pursue their interests with regard to national minorities abroad without jeopardizing peace and good neighbourly relations? This is the question addressed by the OSCE High Commissioner on National Minorities in his Bolzano/Bozen Recommendations on National Minorities in Inter-State Relations. The book analyses the Recommendations from the legal and political/security perspective and engages in more general discussion on how questions of national minorities affect inter-State relations.
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Biographical Note

Francesco Palermo, PhD (Innsbruck University, 1998) is professor of comparative constitutional law (University of Verona) and director of the Institute for Studies on Federalism and Regionalism (Eurac, Bolzano/Bozen). Former Senior Legal Adviser to the OSCE High Commissioner on National Minorities and former Member of the Advisory Committee on the Framework Convention for the Protection of National Minorities.

Natalie Sabanadze, PhD in Politics and International Relations (Oxford University, 2005) is Senior Political Adviser to the OSCE High Commissioner on National Minorities. She has a number of publications in the fields of nationalism, international relations, minority rights and post-Soviet politics.

Table of contents

Preface, Knut Vollebaek

PART ONE
1. National Minorities in Inter-State Relations: Filling the Legal Vacuum?, Francesco Palermo
2. Diversity and Co-existence in International Society: The Bolzano/Bozen Recommendations in Historical Perspective, Jennifer Jackson Preece
3. Minorities, States and International Security: The Contribution of the Bolzano/Bozen Recommendations to Managing the “Minority Problem”, Petra Roter
4. The “Kinterested” State and the HCNM Bolzano/Bozen “Rules of Engagement”, Bogdan Auresu
5. A Reconsideration and More In-Depth Analysis of the Relationship between the Prohibition of (Racial) Discrimination and Minority Protection: The Bolzano/Bozen Recommendations on National Minorities in Inter-State Relations Revisited, Kristin Henrard
6. The Rights of Minorities and their Inter-State Dimension: Interrelationship between the HCNM Recommendations and the Framework Convention, Alan Phillips
7. The Bolzano/Bozen Recommendations on National Minorities in Inter-State Relations, Minority Rights and Trends in Minority Protection, Mitja Žagar
8. The Conferral of Citizenship en masse by Kin-States: Creeping Annexation or Responsibility to Protect?, Enrico Milano

PART TWO
9. States, Minorities and Regional Hegemons in South Caucasus: Whose Responsibility to Protect?, Natalie Sabanadze
10. A Reading of the Comprehensive Proposal for the Kosovo Status in Light of the OSCE HCNM Bolzano/Bozen Recommendations on National Minorities in Inter-State Relations, Annelies Verstichel
11. National Minorities in Inter-State Relations: Country Perspectives, Kinga Gál
12. The Bolzano/Bozen Recommendations on National Minorities in Inter-State Relations: The case of Estonia, Elena Jurado

APPENDIX
Bolzano/Bozen Recommendations on National Minorities in Inter-State Relations
Statement by Rolf Ekeus on “Sovereignty, Responsibility and national Minorities” (2001)
Venice Commission’s “Report on the Preferential Treatment of National Minorities by their Kin-State” (2001)

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Readership

Scholars and students interested in minority issues, international law, international politics and security, as well as government officials and practitioners from relevant State ministries, international organizations and minority NGOs.

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