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Book Review: Minority Rights in Europe: The Scope for a Transnational Regime , by Hugh Miall. (Pinter, London, 1993)

Book Review: Minority Rights in Europe: The Scope for a Transnational Regime , by Hugh Miall.... EUROPEAN PUBLIC LAW Hugh h1iall (ed.), hfinority Rights in Ez~rope: The Scope for a Tvcensnationnl Regime (Pinter, Londcn, 1993) 120 pp, ISBN 1-85567230-8, Hb £22.50; ISBN 1-85567-321-6, Pb 59-99 This is a collection oS eight essays on specific case studies of minority rights issues and programmes within Europe. Hugh Miall, who has edited this useful col!ection; sets the agenda for the book in his introductory chapter. The dual-edged sword of nationalisin - its unifying qualities set against the fatal impact which secession has on states - is emphasized in this chapter, and is a theme which is continued in the contributions of James Mayall and Patrick Thornberry. iMayall, for example, examines the crises generated by self-determination cases 2nd proposes interesting new possibilities for the future, including the further application of the Maastricht idea of subsidiarity as and where appropriate. The hopeful strategy of 'peaceful secession' is mooted, or in the alternative, when the worst of ali scenarios occurs, for forcible intervention as a direct and immediate safeguard of those minority rights which are threatened. As is the general case with essays, more analysis could have been forthcoming, to flesh out the nature of the proposals offered. Mayall, for instance, could have further developed these ideas of action (later touched on by Miall in his concluding remarks), particularly in light of the recent practice which has seen for example the creation of the Czech and Slovak Republics, as well as in Africa, Eritrea. One of the more thorough going accounts is provided by Tom Hadden on the Northern Ireland question. This is a cautious analysis of the difficulties which arise in squaring Northern Ireland with pre-existing legal paradigms and perceptions. A more flexible approach is called for, where human rights ideals are more realistically to be achieved by addressing the specific issues of 'double minority9 cases. Other essays include the analysis (and wider lessons and implications) of autonomy in South Tyrol (Anthony Alcock), the former Yugoslavia (Zoran Pajic), and, Albania, Bulgaria, Greece, Kosovo and Macedonia (Hugh Poulton). The concluding essays relate to the exisring 'transnational regimes' in the form of the Council of Europe (Klaus Schumann) and the CSCE, its incarnation at that time (Richard Dalton). Clearly, the coverage is rather ambitious for a volume of only 120 pages, and lack of depth in analysis is the obvious price to be paid for such brevity. However, this remains a short but convenient and clear exposition of the common and diverse challenges which face Europe in the on-going endeavour of securing the best of all possible deals for the protection of minorities and their legal rights. Dino Kritsiotis University of Nottingham http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

Book Review: Minority Rights in Europe: The Scope for a Transnational Regime , by Hugh Miall. (Pinter, London, 1993)

European Public Law , Volume 2 (1) – Feb 1, 1996

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Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
1354-3725
Publisher site
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Abstract

EUROPEAN PUBLIC LAW Hugh h1iall (ed.), hfinority Rights in Ez~rope: The Scope for a Tvcensnationnl Regime (Pinter, Londcn, 1993) 120 pp, ISBN 1-85567230-8, Hb £22.50; ISBN 1-85567-321-6, Pb 59-99 This is a collection oS eight essays on specific case studies of minority rights issues and programmes within Europe. Hugh Miall, who has edited this useful col!ection; sets the agenda for the book in his introductory chapter. The dual-edged sword of nationalisin - its unifying qualities set against the fatal impact which secession has on states - is emphasized in this chapter, and is a theme which is continued in the contributions of James Mayall and Patrick Thornberry. iMayall, for example, examines the crises generated by self-determination cases 2nd proposes interesting new possibilities for the future, including the further application of the Maastricht idea of subsidiarity as and where appropriate. The hopeful strategy of 'peaceful secession' is mooted, or in the alternative, when the worst of ali scenarios occurs, for forcible intervention as a direct and immediate safeguard of those minority rights which are threatened. As is the general case with essays, more analysis could have been forthcoming, to flesh out the nature of the proposals offered. Mayall, for instance, could have further developed these ideas of action (later touched on by Miall in his concluding remarks), particularly in light of the recent practice which has seen for example the creation of the Czech and Slovak Republics, as well as in Africa, Eritrea. One of the more thorough going accounts is provided by Tom Hadden on the Northern Ireland question. This is a cautious analysis of the difficulties which arise in squaring Northern Ireland with pre-existing legal paradigms and perceptions. A more flexible approach is called for, where human rights ideals are more realistically to be achieved by addressing the specific issues of 'double minority9 cases. Other essays include the analysis (and wider lessons and implications) of autonomy in South Tyrol (Anthony Alcock), the former Yugoslavia (Zoran Pajic), and, Albania, Bulgaria, Greece, Kosovo and Macedonia (Hugh Poulton). The concluding essays relate to the exisring 'transnational regimes' in the form of the Council of Europe (Klaus Schumann) and the CSCE, its incarnation at that time (Richard Dalton). Clearly, the coverage is rather ambitious for a volume of only 120 pages, and lack of depth in analysis is the obvious price to be paid for such brevity. However, this remains a short but convenient and clear exposition of the common and diverse challenges which face Europe in the on-going endeavour of securing the best of all possible deals for the protection of minorities and their legal rights. Dino Kritsiotis University of Nottingham

Journal

European Public LawKluwer Law International

Published: Feb 1, 1996

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