Settling Self-Determination Disputes: Complex Power-sharing in Theory and Practice

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Marc Weller, Barbara Metzger, Niall Johnson
BRILL, 2008 - Law - 793 pages
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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.
 

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Contents

Chapter 1 Nationalism Selfdetermination and the Doctrine of Territorial Unity James Mayall
5
Chapter 2 Why the legal Rules on Selfdetermination Do Not Resolve Selfdetermination Disputes Marc Weller
17
Chapter 3 The logics of Powersharing Consociation and Pluralist Federations Brendan OLeary
47
Part Two Case Studies
59
A Selfdetermination Agreement a Treaty a Consociation a Federacy Matching Confederal institutions intergovernmentalism and a Peace Process Bren...
61
Autonomy or Complex Powersharing? Anthony J Regan
125
The Case of Mindanao Southern Philippines Mark Turner
161
overcoming the Postconflict legacy in Bosnia and Herzegovina Florian Bieber
193
Chapter 14 electoral Arrangements in Systems of Complex Powersharing Andrew Reynolds
451
Chapter 15 Thirdparty involvement in Selfdetermination Conflicts Ulrich Schneckener
467
Part Four Functional Powersharing
501
Chapter 16 education Mark Turner
503
The Role of economic Policies John Bradley
531
Chapter 18 Policing Territories Previously Subject to Civil War and ethnic Violence Philip Towle
559
Chapter 19 The Military Dimension of Security Sector Governance in Complex Powersharing Arrangements Paul Cornish
571
legal Transition in Complex Powersharing Agreements Angela Hegarty
599

The Rambouillet Agreement and the Constitutional Framework Developed under UN Administration Marc Weller
243
Chapter 9 Powersharing in Macedonia? Farimah Daftary and Eben Friedman
265
experiences in Powersharing Priit Jrve
307
Chapter 11 Case Study of the Conflict in South ossetia Ketevan Tsikhelashvili and Natasha Ubilava
345
Section Two Crosscutting Analysis
383
Part Three Vertical Powersharing
385
Chapter 12 Addressing the Selfdetermination Dispute Marc Weller
387
A Review of Current Practices Stefan Wolff
407
Chapter 21 The Role of Human and Minority Rights in Complex Powersharing Jennifer JacksonPreece
627
Chapter 22 Bridges in Selfdetermination Disputes? external Relations of Subnational entities and Minority Groups Francesco Palermo
667
Part Five Conclusions
689
lessons from the Complex Powersharing Project John McGarry
691
Biographies
721
Bibliography
729
index
765
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About the author (2008)

Dr Marc Weller is the Director of the European Centre for Minority Issues, in Flensburg, Germany. He is also a Reader in international law at the University of Cambridge and a Fellow of the Lauterpacht Research Centre for International Law and Hughes Hall. He is the Director of the Carnegie Project on Resolving Self-Determination Disputes through Complex Power-sharing and of the Cambridge Rockefeller Project on Restoring an International Consensus of the Rules Governing the Use of Force. Dr Barbara Metzger is an Associate at the Centre of International Studies in Cambridge. From 2001 to 2005 she was a Senior Researcher with the Cambridge Carnegie Project on Complex Power-Sharing and Self-determination Disputes and has lectured at the University of Cambridge on human rights history, law and institutions in the international arena.

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