Navigating the Unknown: Essays on Selected Case Studies about the Rights of Minorities: Studies in Territorial and Cultural Diversity Governance, cartea 15
Autor Bertus de Villiersen Limba Engleză Hardback – 6 apr 2022
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Specificații
ISBN-13: 9789004512108
ISBN-10: 9004512101
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Studies in Territorial and Cultural Diversity Governance
ISBN-10: 9004512101
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Studies in Territorial and Cultural Diversity Governance
Notă biografică
Bertus de Villiers (LL.D. 1989), University of Johannesburg, is a Visiting Professor at this university and a member of the judiciary in Australia. He has published extensively and given advice in several countries on the topic of human and minority rights, decentralisation and federalism and land reform. Most recently he co-edited Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts (Brill/Nijhoff, 2021).
Cuprins
Preface
1The Design of Institutions in Response to Diversity A Shot in the Dark or a Fine Art?
1 Introduction
2 To Accommodate, Integrate or Assimilate – That is the Question
3 Guidance to Institutional Design from International Law
3.1Inconsistency is the Name of the Game
3.2Selected International Legal Instruments: United Nations
3.3Regional Legal Instrument: European Framework Convention for the Protection of National Minorities
3.4From Theory to Practice: The (Non-binding) Lund Recommendations and Ljubljana Guidelines in Europe
4 Conclusion: Designing Institutions in Response to Diversity: A Shot in the Dark or a Fine Art?
2A Promise Not to Keep? Lessons from Central and Eastern Europe to Establish Cultural Councils and Relevance to the Afrikaans Community of South Africa
1 Introduction
2 The Advent of Cultural Councils in Central and Eastern Europe
3 The Promise of Cultural Councils in the 1996 Constitution of South Africa
4 The Origin of the Cultural Council-debate in South Africa
5 Contemporary Cultural Councils in Estonia, Hungary and the Russian Federation
5.1Legal Framework of the Cultural Councils
5.2Power and Functions of the Cultural Councils
5.3Observations of the Respective Cultural Councils
6 Lessons to be Drawn by the Afrikaans (and Other) Community
7 Conclusion
3Non-territorial Self-government and Socio-economic Empowerment The Roma of Hungary
1 Introduction
2 Hungary: An Overview of Nationality Self-government
2.1Population Composition
2.2Establishment of Nationality Self-governments
2.3Election of Nationality Self-governments
2.4Nationality Self-governing Non-territorial Institutions
2.5Nationality Self-government Functions
3 The Roma and Non-territorial Self-government
3.1Who Are the Roma?
3.2Nationality Self-governments for the Roma
3.3Outcomes of Roma Self-government
3.3.1 Criteria to Assess Success or Failure of Self-government
3.3.2 Competing Philosophies between Roma and Other Nationalities
3.3.3 The 2011-Reforms
3.3.4 Varied Experiences of Self-governments
3.3.5 Integration or Accommodation or Both?
3.3.6 Who is Responsible for Socio-economic Improvement of the Roma?
4 Summary
4Using Control Over Access to Land to Achieve Cultural Self-government (of Some Sort) Reflecting on the Experiences of Aboriginal People with the Right to Negotiate in Australia
1 Introduction
2 Characteristics of the Right to Negotiate
3 Aboriginal People of Australia – A Brief Overview
4 Recognition of Native Title
5 Incorporating Aboriginal Communities: A Legal Basis to Exercise Collective Rights
6 Right to Negotiate: Its Meaning and Effect
6.1How Does the Right to Negotiate Come into Existence?
6.2What Does the Right to Negotiate Entail?
6.3Support for Aboriginal People in “Good Faith” Negotiations
6.4Option for Indigenous Land Use Agreements as an Alternative to Right to Negotiate
6.5Compensation for Loss or Diminution of Native Title
7 The Right to Negotiate and Its Contribution to Aboriginal Self-determination
5Breaking New Ground for Indigenous Non-territorial, Cultural Self-government – the Noongar Settlement in Australia
1 Introduction
2 An ilua – a Publicly Registered Treatise for Land Access and Cultural Self-government
3 The Noongar People – Trailblazers for Community Self-government
4 The Road to Settlement: From Litigation to Negotiation
5 Essential Principles of the Noongar Settlement
6 Main Elements of the Noongar Compensation Package
7 The Noongar Settlement – a Proper Classification
8 The Noongar Settlement – Principles of Relevance to the Theory and Practice of Protection of Minority and Indigenous Rights
9 Conclusion
6Does a Constitution Have a Soul? The Role of Bundestreue in the Germany and Ubuntu in South Africa to Give Life and Identity to a Constitutional Text
1 Introduction
2 Introduction to the Term Bundestreue
3Bundestreue and its Relevance to the Conduct of Intergovernmental Relations
4 The Origin of Bundestreue
5Bundestreue in Its Practical Application
6Ubuntu – An Implied Term of Dignity, Fairness and Humanity
6.1Origin and Meaning of Ubuntu
6.2Reliance on Ubuntu by the Constitutional Court
7 Summary of Comparisons between Bundestreue and Ubuntu
8 Conclusion
7Flying a Flag for Freedom of Expression When Does a Historic Symbol of a Minority Turn into Hate Speech? The Case of the Old Flag of South Africa
1 Introduction
2 Background to the Flag Dispute
3 Events Leading to the Dispute about the Old Flag
4 Background to the Old Flag
5 Legal Framework
6 Judgment: Does the Display of the Old Flag Constitute Hate Speech?
7 Five Questions about Symbols and Hate Speech – Comparative Experiences
7.1General Comments on the Judgment
7.2Foreign Comparative and International Law
7.2.1 A Flag as Hate Speech
7.2.2 Universal Definition of Hate Speech
7.2.3 Can Hate Speech Be Influenced by Effluxion of Time?
7.2.4 Test for Hate Speech: Intention or Perception?
7.2.5 Balance between Freedom of Speech and Protection Against Hate Speech
8 Summary
8Concluding Observations
Bibliography
Index
1The Design of Institutions in Response to Diversity A Shot in the Dark or a Fine Art?
1 Introduction
2 To Accommodate, Integrate or Assimilate – That is the Question
3 Guidance to Institutional Design from International Law
3.1Inconsistency is the Name of the Game
3.2Selected International Legal Instruments: United Nations
3.3Regional Legal Instrument: European Framework Convention for the Protection of National Minorities
3.4From Theory to Practice: The (Non-binding) Lund Recommendations and Ljubljana Guidelines in Europe
4 Conclusion: Designing Institutions in Response to Diversity: A Shot in the Dark or a Fine Art?
2A Promise Not to Keep? Lessons from Central and Eastern Europe to Establish Cultural Councils and Relevance to the Afrikaans Community of South Africa
1 Introduction
2 The Advent of Cultural Councils in Central and Eastern Europe
3 The Promise of Cultural Councils in the 1996 Constitution of South Africa
4 The Origin of the Cultural Council-debate in South Africa
5 Contemporary Cultural Councils in Estonia, Hungary and the Russian Federation
5.1Legal Framework of the Cultural Councils
5.2Power and Functions of the Cultural Councils
5.3Observations of the Respective Cultural Councils
6 Lessons to be Drawn by the Afrikaans (and Other) Community
7 Conclusion
3Non-territorial Self-government and Socio-economic Empowerment The Roma of Hungary
1 Introduction
2 Hungary: An Overview of Nationality Self-government
2.1Population Composition
2.2Establishment of Nationality Self-governments
2.3Election of Nationality Self-governments
2.4Nationality Self-governing Non-territorial Institutions
2.5Nationality Self-government Functions
3 The Roma and Non-territorial Self-government
3.1Who Are the Roma?
3.2Nationality Self-governments for the Roma
3.3Outcomes of Roma Self-government
3.3.1 Criteria to Assess Success or Failure of Self-government
3.3.2 Competing Philosophies between Roma and Other Nationalities
3.3.3 The 2011-Reforms
3.3.4 Varied Experiences of Self-governments
3.3.5 Integration or Accommodation or Both?
3.3.6 Who is Responsible for Socio-economic Improvement of the Roma?
4 Summary
4Using Control Over Access to Land to Achieve Cultural Self-government (of Some Sort) Reflecting on the Experiences of Aboriginal People with the Right to Negotiate in Australia
1 Introduction
2 Characteristics of the Right to Negotiate
3 Aboriginal People of Australia – A Brief Overview
4 Recognition of Native Title
5 Incorporating Aboriginal Communities: A Legal Basis to Exercise Collective Rights
6 Right to Negotiate: Its Meaning and Effect
6.1How Does the Right to Negotiate Come into Existence?
6.2What Does the Right to Negotiate Entail?
6.3Support for Aboriginal People in “Good Faith” Negotiations
6.4Option for Indigenous Land Use Agreements as an Alternative to Right to Negotiate
6.5Compensation for Loss or Diminution of Native Title
7 The Right to Negotiate and Its Contribution to Aboriginal Self-determination
5Breaking New Ground for Indigenous Non-territorial, Cultural Self-government – the Noongar Settlement in Australia
1 Introduction
2 An ilua – a Publicly Registered Treatise for Land Access and Cultural Self-government
3 The Noongar People – Trailblazers for Community Self-government
4 The Road to Settlement: From Litigation to Negotiation
5 Essential Principles of the Noongar Settlement
6 Main Elements of the Noongar Compensation Package
7 The Noongar Settlement – a Proper Classification
8 The Noongar Settlement – Principles of Relevance to the Theory and Practice of Protection of Minority and Indigenous Rights
9 Conclusion
6Does a Constitution Have a Soul? The Role of Bundestreue in the Germany and Ubuntu in South Africa to Give Life and Identity to a Constitutional Text
1 Introduction
2 Introduction to the Term Bundestreue
3Bundestreue and its Relevance to the Conduct of Intergovernmental Relations
4 The Origin of Bundestreue
5Bundestreue in Its Practical Application
6Ubuntu – An Implied Term of Dignity, Fairness and Humanity
6.1Origin and Meaning of Ubuntu
6.2Reliance on Ubuntu by the Constitutional Court
7 Summary of Comparisons between Bundestreue and Ubuntu
8 Conclusion
7Flying a Flag for Freedom of Expression When Does a Historic Symbol of a Minority Turn into Hate Speech? The Case of the Old Flag of South Africa
1 Introduction
2 Background to the Flag Dispute
3 Events Leading to the Dispute about the Old Flag
4 Background to the Old Flag
5 Legal Framework
6 Judgment: Does the Display of the Old Flag Constitute Hate Speech?
7 Five Questions about Symbols and Hate Speech – Comparative Experiences
7.1General Comments on the Judgment
7.2Foreign Comparative and International Law
7.2.1 A Flag as Hate Speech
7.2.2 Universal Definition of Hate Speech
7.2.3 Can Hate Speech Be Influenced by Effluxion of Time?
7.2.4 Test for Hate Speech: Intention or Perception?
7.2.5 Balance between Freedom of Speech and Protection Against Hate Speech
8 Summary
8Concluding Observations
Bibliography
Index