Accommodating National Identity: New Approaches in International and Domestic Law

Front Cover
Stephen Tierney
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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Contents

Introduction
1
National Identity and the Intelnationalisation of Constitutional Structures
13
Constitutional and International Law in
65
the international response to the crisis in Kosovo
89
Accommodating a Restless Nation
133
Constitutional Accommodation of Ethnicity and National Identity
151
a Legal Analysis
189
Towards an Agreed Northern Ireland?
233
Concluding Remarks
285
Copyright

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