International commercial arbitration: a transnational perspective
In: American casebook series
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In: American casebook series
A comment on Will Kymlicka's "Western Political Theory and Ethnic Relations in Eastern Europe" (2001) asserts that concepts of ethnocultural justice, public recognition, & accommodation of diversity are not novelties in Eastern Central Europe. Thus, it is contended that liberal-pluralist theory is not a revelation, but will have two key practical consequences: (1) Classical liberal teaching that speaks to ethnocultural neutrality might lead to majority aspirations & demagoguery & liberal canons might justify concepts equating majority with normalcy. (2) Liberal-pluralist concepts might provide a means to implement a policy of ethnocultural justice in the context of modern democracy. Three facets of ethnocultural justice are then identified: separate space for minorities, equitable sharing of public space, & neutralization of ethnic undercurrents & biases. The last facet is elaborated on in the context of former Yugoslavia before considering the Dayton Agreement as a lost opportunity for turning to Western liberal-pluralist political theory as a springboard to ethnocultural justice. It is concluded that the Eastern Central European experience demonstrates that ethnocultural neutrality & group-neutral regulation cannot accommodate cultural pluralism nor guarantee stable & peaceful ethnic majority-minority relations. Western liberal-pluralist theory eschews diversity & cannot provide viable models of accommodation & cohabitation in the context of ethnic pluralism. J. Zendejas
A comment on Will Kymlicka's "Western Political Theory and Ethnic Relations in Eastern Europe" (2001) asserts that concepts of ethnocultural justice, public recognition, & accommodation of diversity are not novelties in Eastern Central Europe. Thus, it is contended that liberal-pluralist theory is not a revelation, but will have two key practical consequences: (1) Classical liberal teaching that speaks to ethnocultural neutrality might lead to majority aspirations & demagoguery & liberal canons might justify concepts equating majority with normalcy. (2) Liberal-pluralist concepts might provide a means to implement a policy of ethnocultural justice in the context of modern democracy. Three facets of ethnocultural justice are then identified: separate space for minorities, equitable sharing of public space, & neutralization of ethnic undercurrents & biases. The last facet is elaborated on in the context of former Yugoslavia before considering the Dayton Agreement as a lost opportunity for turning to Western liberal-pluralist political theory as a springboard to ethnocultural justice. It is concluded that the Eastern Central European experience demonstrates that ethnocultural neutrality & group-neutral regulation cannot accommodate cultural pluralism nor guarantee stable & peaceful ethnic majority-minority relations. Western liberal-pluralist theory eschews diversity & cannot provide viable models of accommodation & cohabitation in the context of ethnic pluralism. J. Zendejas
In: Human rights quarterly, Band 19, Heft 1, S. 9-54
ISSN: 1085-794X
In: Human rights quarterly: a comparative and international journal of the social sciences, humanities, and law, Band 19, Heft 1, S. 9-54
ISSN: 0275-0392
The former Yugoslavia, & its contemporary successor states, have always had a minority problem, even if it was not always recognized as such. The federal constitution of 1974 made a terminological distinction between nations & nationalities -- the former referring to the Slavic nations that founded the Yugoslav state (including Serbs, Croats, Slovenes, Montenegrins, Macedonians, & Moslems), & the latter to various other minority ethnic groups. The significance of this distinction was intially symbolic, but it quickly assumed more practical importance after the breakup of Yugoslavia, as patterns of deprivation in Kosovo & Vojvodina reveal. Several possible legal strategies for minority protection are identified, the most crucial of which may be the enactment of legal rules based on empathy. M. Maguire
In: East European politics and societies and cultures: EEPS, Band 6, Heft 3, S. 260
ISSN: 0888-3254
In: Netherlands international law review: NILR ; international law - conflict of laws, Band 33, Heft 1, S. 135
ISSN: 1741-6191
In: Netherlands international law review: NILR ; international law - conflict of laws, Band 23, Heft 2, S. 137
ISSN: 1741-6191
Expanded judicial review of awards after hall street and in comparative perspective / John J. Barceló III -- Tibor Várady's advocacy before the International Court of Justice / David J. Bederman -- From "real seat" to "legal seat" : Germany's private international company law revolution / Peter Behrens -- The impact of community law on the determination of the personal law of companies / László Burián -- Public law, "ordre public" and arbitration : a procedural scenario and a suggestion / Richard M. Buxbaum -- Forging American arbitration policy : judicial interpretation of the Federal Arbitration Act / Richard D. Freer -- The decline of free thinking / Guy Haarscher -- Questions of arbitration and the case law of the European Court of Justice / Attila Harmathy -- Recognition of a recognition judgment within the European Union : "double exequatur" and the public policy barrier / Peter Hay -- European Union legislation and private international law : a view from Hungary / László Kecskés -- Constitutional democracy : outline of a defense / János Kis -- The European dream and its evolution in the architecture of the treaties of integration / Ferenc Mádl -- "Non-signatories" and the long arm of arbitral jurisdiction / Vladimir Pavic -- The pendulum swings back : the cooperative approach of German courts to international service of process / Hans-Eric Rasmussen-Bonne -- Internationale schiedsgerichtsbarkeit über kulturgut-streitigkeiten / Kurt Siehr -- About the Rome II regulation : the European unification of the conflict rules to torts / Lajos Vékás -- The United States and the jurisprudence of international tribunals / Johan D. van der Vyver.
On the relevance of history -- Three Becskerek stories -- Hungarian stories of Banat -- A story from the border of Banat -- Divorces, near divorces, and sham divorces -- Legends checked in legal files -- The development of the economic situation -- Exploiting fascism and anti-fascism in disputes between neighbors and churches.