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Vol 21 No 11 Nov/Dec 2016

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-State Governance Through Territorial Autonomy: A Comparative Study in Constitutional Law of Powers, Procedures and Institutions


ISBN13: 9783642200472
Published: July 2011
Publisher: Springer-Verlag
Country of Publication: Germany
Format: Hardback
Price: £153.00



This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These elements are used for a comparative analysis of the constitutional law that regulates the position of six currently existing special jurisdictions, the Åland Islands in Finalnd, Scotland in the United Kingdom, Puerto Rico in the United States of America, Hong Kong in China, Aceh in Indonesia and Zanzibar in Tanzania. The current sub-state entities examined can be arranged in relation to Memel in a manner that indicates that Hong Kong and the Åland conform to the typical territorial autonomy, while Puerto Rico and Aceh should probably not be understood as territorial autonomies proper. At the same time, the territorial autonomies can be distinguished from federally organized sub-state entities.

Contents:
Introduction.- The Autonomy of Memel.- The Relationship between Federalism and Autonomy.- Conflict Resolution in a Self-Determination Context as a General Frame for Sub-State Arrangements.- The Distribution of Powers.- Participation in Decision-Making.- The Executive Power.- International Relations.- Concluding Remarks.