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Borderlines in Private Law

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Minority Rights and Liberal Democratic Insecurities: The Challenge of Unstable Orders

Edited by: Anna-Mária Bíró, Dwight Newman

ISBN13: 9781032145464
Published: November 2022
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £125.00



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This book addresses the impact of a range of destabilising issues on minority rights in Europe and North America.

This collection stems from the fact that liberal democracy did not bring about the ‘end of history’ but rather that the transatlantic region of Europe and North America has encountered a new era of instability, particularly since the global financial crisis. The transatlantic region may have appeared to be entering a period of stability, but terrorist attacks on the soil of Euro-Atlantic states, the financial crisis itself, and other changes including mass migration, the rise of populism, changes in fundamental political conceptions, technological change, and most recently the Covid pandemic, have brought increasing uncertainties and instabilities in existing orders. In these contexts, the book investigates the resulting difficulties and opportunities for minority rights. Bringing together scholars from a range of disciplines, and engaged in work on various unstable orders, the book provides a unique, and largely neglected, perspective on present developments as well as addressing the pressing issue of the future of the minority rights regime at global, regional, and national levels.

This book will appeal to those with interests in minority rights, human rights, nationalism, law, and politics.

Subjects:
Human Rights and Civil Liberties, Law and Society
Contents:
PART I – Interdisciplinary Perspectives on Minority Rights within the Changing international Order
1. International order, diversity regimes and minority rights: a longue durée perspective
Anna-Mária Bíró and Corinne Lennox
2. Prefatory Remarks: An Inside Perspective from an Outsider: The UN Special Rapporteur’s View on Minority Rights at the UN
Fernand de Varennes
3. The Double-Edged Sword of External Citizenship and Minority Protection in Post-Communist Europe
Szabolcs Pogonyi
4. Unstable Orders and Changing Minority Protection: The effects of urbanization
Bengt‐Arne Wickström
PART II – Migration, New Threats to Minority Identity, and the Complexities of Religious Identities
5. Undocumented migrants, refugees and asylum seekers: Can Minority Rights Law stabilise the Unsettled Order?
Alexandra Xanthaki
6. Anti-immigrant Populism and the Duty of Respectful Engagement
Patti Lennard
7. Minority Identity in Digital Governance and the Challenges of Online Hate Speech and Content Regulation
Kyriaki Topidi
8. Minority Rights Implications of Changing State Engagement with Religion
Dwight Newman
PART III – Distinctive Issues with Indigenous Peoples and Roma
9. An Unsettled Liberal Democratic Order and Indigenous Peoples’ Legal Rights
Mattias Åhrén
10. Roma Participation as a Challenge for Minority Norms
Iulius Rostas
Part IV – Citizenship, Anti-Immigrant Populism, and Emergency Contexts
11. American Citizenship and State Abandonment
Briana L. McGinnis
12. The Covid-19 Factor: How the Virus Shapes Relations Between States, Regions and Minorities in Europe
Attila Dabis and Béla Filep