Autonomy: Applications and Implications

Front Cover
Markku Suksi
Martinus Nijhoff Publishers, 1998 M03 6 - 370 pages
Autonomy arrangements have gradually become more numerous, & different developments in respect of autonomy can be discerned in the fields of international & domestic law. The patterns of autonomy are quite disparate, but because various fields of law treat autonomy in different ways, it is fruitful to inquire into the applications of autonomy & to ask what autonomy as such implies. Autonomy is a multi-faceted phenomenon which on the one hand contains the issue of devolution or decentralization of law-making or other normative powers in the institutional fabric of the country without any minority protection component; on the other hand it may in addition contain an explicit minority protection component designed to offer special protection to minority groups in society. Especially in the latter sense, the issue of effective participation of a minority in the government is an important issue, & in this respect, there is a connection between autonomy & a general understanding of democracy.

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Contents

Introduction
1
On the Legal Understanding of Autonomy
7
On the Ethics of Minority Protection
33
Ambiguities and Clarifications
43
Autonomy as a ConflictSolving Mechanism An Overview
59
Some Theoretical Considerations
66
Summary and Discussion
72
SelfDetermination and Autonomy in International Law
79
Modes of Entrenchment
156
Protection Under International Law?
164
Concluding Remarks
168
Regionalism and Federalism in the Italian Constitutional Experience
173
Theory and Practice
176
A Constantly Evolving Relationship
178
The Federal State v the Regional State
182
Replacing Regions with Cantons?
184

Autonomy in the United Nations Era
86
Need for an Active Role by International Organs
94
The League of Nations and Minority Rights
102
Collective Elements in the UN Declaration on Minorities
108
The 1201 Question in Central Europe
114
Conclusions
121
The Normative Background
126
Preparatory Work for a Declaration
129
The Issue of Indigenous SelfDetermination
132
Concluding Remarks
136
The Procedural Position of Autonomous Regions Before International Judicial and QuasiJudicial Organs
139
International Court of Justice
141
European Commission and Court of Human Rights
142
European Court of Justice
144
Human Rights Committee
147
Conclusions
149
PART III
151
European Autonomies
152
Distinguishing Federal and Regional States
185
Linguistic Minorities
187
Regional and State Competence in Relation to Linguistic Minorities
190
Conclusion
193
The Making of the Estado de las Autonomías
195
Unity and Autonomy
197
Autonomy and the British Constitution
223
Concept Content History and Role in
251
The Context of Cultural Autonomy in Time and Space
261
Some Normative Considerations in the Light of International
272
The Definition of Indigenous Peoples and Persons
282
Conclusions
293
The OSCE Interest in Crimea
301
Autonomy and the Council of Europe With Special Reference
317
Territorial Autonomies the European Charter of Local Self
337
Concluding Remarks
357
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