Minority Rights and Liberal Democratic Insecurities The Challenge of Unstable Orders PDF
Preview Minority Rights and Liberal Democratic Insecurities The Challenge of Unstable Orders
Minority Rights and Liberal Democratic Insecurities 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 who are 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. Anna-Mária Bíró is Director of the Tom Lantos Institute, Budapest, an international research and education institution in the human rights of minorities. Dwight Newman is Professor of Law and Canada Research Chair in Indigenous Rights in Constitutional and International Law at the University of Saskatchewan. Minority Rights and Liberal Democratic Insecurities The Challenge of Unstable Orders Edited by Anna-Mária Bíró and Dwight Newman Managing Editor – Sean Waller First published 2023 by Routledge 4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business a GlassHouse book © 2023 selection and editorial matter, Anna-Mária Bíró and Dwight Newman; individual chapters, the contributors The right of Anna-Mária Bíró and Dwight Newman to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library ISBN: 978-1-032-14546-4 (hbk) ISBN: 978-1-032-14547-1 (pbk) ISBN: 978-1-003-23987-1 (ebk) DOI: 10.4324/9781003239871 Typeset in Bembo by Apex CoVantage, LLC Contents List of Figures viii List of Tables ix List of Contributors x Acknowledgements xii Introduction 1 ANNA-MÁRIA BÍRÓ AND DWIGHT NEWMAN PART I Interdisciplinary Perspectives on Minority Rights Within the Changing International Order 5 1 International Order, Diversity Regimes and Minority Rights: A Longue Durée Perspective 7 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 39 FERNAND DE VARENNES 3 The Double-Edged Sword of External Citizenship and Minority Protection in Post-Communist Europe 55 SZABOLCS POGONYI 4 Unstable Orders and Changing Minority Protection: The Effects of Urbanisation 76 BENGT-ARNE WICKSTRÖM vi Contents PART II Migration, New Threats to Minority Identity and the Complexities of Religious Identities 97 5 Undocumented Migrants, Refugees and Asylum Seekers: Can Minority Rights Law Stabilise the Unsettled Order? 99 ALEXANDRA XANTHAKI 6 Anti-immigrant Populism and the Duty of Respectful Engagement 117 PATTI TAMARA LENARD 7 Minority Identity in Digital Governance and the Challenges of Online Hate Speech and Content Regulation 135 KYRIAKI TOPIDI 8 Minority Rights Implications of Changing State Engagement with Religion 156 DWIGHT NEWMAN PART III Distinctive Issues with Indigenous Peoples and Roma 169 9 An Unsettled Liberal Democratic Order and Indigenous Peoples’ Legal Rights 171 MATTIAS ÅHRÉN 10 Roma Participation as a Challenge for Minority Norms 189 IULIUS ROSTAS PART IV Citizenship, Anti-immigrant Populism and Emergency Contexts 215 11 American Citizenship and State Abandonment 217 BRIANA L. McGINNIS Contents vii 12 The Covid-19 Factor: How the Virus Shapes Relations Between States, Regions and Minorities in Europe 233 ATTILA DABIS AND BÉLA FILEP Index 256 Figures 4.1a Iso-cost Curve: Spatial good. 81 4.1b Iso-cost Curve: Non-spatial good. 81 4.2.a P opulation development in Transylvania: Number of persons with Romanian or Hungarian as mother tongue in Transylvania. 83 4.2.b Population development in Transylvania: Number of persons with Romanian or Hungarian as mother tongue in Cluj-Napoca/Kolozsvár. 83 4.3a Population development in Uusimaa/Nyland: Number of persons with Finnish, Swedish or other languages as mother tongue in Uusimaa/Nyland. 85 4.3b P opulation development in Uusimaa/Nyland: Number of persons with Finnish, Swedish or other languages as mother tongue in Helsinki/Helsingfors. 85 4.4a Percentage rule: Rural area. 90 4.4b Percentage rule: Urban area. 90 4.5a “Finnish” rule: Rural area. 91 4.5b “Finnish” rule: Urban area. 91 Tables 4.1 Changes in the Hungarian- and Romanian-speaking populations of Transylvania from 1948 to 1992. 83 4.2 Changes in the Swedish- and Finnish-speaking populations in Uusimaa/Nyland from 1930 to 2018. 85 10.1 Percentage of Europeans who have a favourable/ unfavourable opinion of Roma/Muslims/Jews in their country. 201
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