Accommodating National Identity: New Approaches in International and Domestic Law
Martinus Nijhoff Publishers, Aug 29, 2000 - Law - 302 pages
This collection of essays brings together international lawyers with their perspectives on how the international community has coped with contemporary cases of nationalist crisis and constitutional lawyers from states which are attempting to facilitate the political expression of national identity through developments in federalism, devolution, and the protection of minority rights. The aim is to explore to what extent existing legal mechanisms permit a flexible engagement with, and accommodation of, the aspirations of national and ethnic groups. It would appear that a heightened level of fluidity in the interaction and exchange of normative standards now exists in the relationship between international and domestic law as both types of system confront the challenge which national identity continues to constitute. As this process marks a renewed preparedness on the part of legal systems to expand imaginatively to meet current problems it is hoped that this collection will highlight opportunities for an ongoing process of development in this complex and troubled area.
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accepted accommodation According action administrative agreement applied Assembly authorities Bosnia British Canada chapter claims concerned Constitution Contact Group continued Court crisis cultural decision democratic Eastern economic effect elections equality established ethnic groups Europe European example existence FATA Federation footnote force former Gypsies Hindu human rights implementation important independence institutions interests international law Irish issues jirga King Kosovo language legislative linguistic London majority March matters means Minister minorities national identity nationalist negotiations Nepal Northern Ireland OSCE Pakistan Parliament particular parties peace persons political population position practice present Press principle protection provinces Quebec question recognition reference regard region relations religious remains representatives Republic Resolution respect response result Roma rule Russian Scotland Scottish Security Council self-determination situation social status territory Tribal Areas Union United Western Yugoslavia