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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Accommodating National Identity: New Approaches in International and Domestic Law

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Edited by: Stephen Tierney

ISBN13: 9789041114006
ISBN: 9041114009
Published: June 2000
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £184.00

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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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Part I National identity and the internationalization of constitutional structures: from Yugoslavia to Bosnia - accommodating national identity in national and international law, D. McGoldrick; Canada's two solitudes - constitutional and international law in reference re secession of Quebec, P. Oliver; the road back to hell - the international response to the crisis in Kosovo, S. Tierney. Part II National identity and the construction of constitutions: Scottish devolution - accommodating a restless nation, C.R. Munro; constitutional accommodation of ethnicity and national identity in Nepal, S.P. Subedi. Part III National identity and minority rights - the interaction of international and domestic law: accommodating an emergent national identity - the Roma of Central and Eastern Europe, I. Pogany; the rights of ethnic minorities in Pakistan - a legal analysis, S. Ali; ancient peoples and new nations in the Russian Federation - questions of theory and practice, B. Bowring. Part IV National identity - the territorial question in international and domestic law: transcending territory - towards an agreed Northern Ireland, B. Thompson; national identity & the international law of self-determination - the stratification of the Western Saharan ""self"", J. Castellino; concluding remarks, J. Rehman.