Yash Ghai - Böcker

This book, first published in 2000, deals with one of the most urgent problems of contemporary times: the political organisation of multi-ethnic states. Most major conflicts of our time are internal to the state and revolve around the claims of access to or the redesign of the state. Responses to ethnic conflicts have ranged from oppression and ethnic cleansing to accommodations of ethnic claims through affirmative policies, special forms of representation, power sharing, and the integration of minorities. One of the most sought after, and resisted, devices for conflict management is autonomy. Within an overarching framework that examines different understandings of ethnic consciousness and the variety of territorial autonomies, the authors examine the experiences of spatial distribution of power in Canada, India, China, South Africa, Ethiopia, PNG, Spain, the former Yugoslavia, Cyprus, Sri Lanka and Australia.

In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.

Autonomy provides a framework that allows for regions within countries to exercise self-government beyond the extent available to other sub-state units. This book presents detailed case studies of thirteen such autonomies from around the world, in which noted experts on each outline the constitutional, legal and institutional frameworks as well as how these arrangements have worked in practice to protect minority rights and prevent secession of the territories in question. The volume's editors draw on the case studies to provide a comparative analysis of how autonomy works and the political and institutional conditions under which it is likely to become a workable arrangement for management of the differences that brought it into being.

Autonomy provides a framework that allows for regions within countries to exercise self-government beyond the extent available to other sub-state units. This book presents detailed case studies of thirteen such autonomies from around the world, in which noted experts on each outline the constitutional, legal and institutional frameworks as well as how these arrangements have worked in practice to protect minority rights and prevent secession of the territories in question. The volume's editors draw on the case studies to provide a comparative analysis of how autonomy works and the political and institutional conditions under which it is likely to become a workable arrangement for management of the differences that brought it into being.