Regional Autonomy, Cultural Diversity and Differentiated Territorial Government assesses the current state of the international theory and practice of autonomy in order to pursue the possibility of regional self-government in Tibet. Initiated by a workshop and roundtable with political representatives from different autonomous regions, including His Holiness the 14th Dalai Lama, this book brings together a group of distinguished international scholars to offer a much-needed enquiry into solutions to the Tibetan quest for ‘genuine’ autonomy. Examining the Chinese framework of regional self-government, along with key international cases of autonomy in Europe, North America and Asia, the contributors to this volume offer a comprehensive context for the consideration of both Tibetan demands and Chinese worries. Their insights will be invaluable to academics, practitioners, diplomats, civil servants, government representatives, international organisations and NGOs interested in the theory and practice of autonomy, as well as those concerned with the future of Tibet.
Introduction Neither Panacea, nor Pandora’s Box: Comparing Autonomy with a View on Tibet and China Jens Woelk Part I Differentiated Territorial Government in China: Potential for Tibet? 1. Foreign Influence and Constitutionalism in the PRC: A Western Perspective on Change and Uncertainty in Contemporary Chinese Legal Culture John W. Head 2. The Rule of Law in China: Fundamental Uncertainties. About "Decoding" a Fundamental Concept John W. Head 3. Dilemmas of "Genuine Autonomy" for Tibet Yash Ghai 4. Chinese Policies on Regional Self-Government: The Case of Tibet Michael C. Davis 5. The Memorandum on Genuine Autonomy for the Tibetan People: An Explanatory Introduction to the Tibetan Proposal Michael C. Van Walt van Praag Part II Practice of Regional Autonomy: Experiences Compared 6. From Compromise to Compact? Working Autonomy in South Tyrol Jens Woelk 7. Asymmetric Regionalism in Spain: Catalonia and the Basque Country Rafael Bustos Gisbert 8. Devolution and Devolution Plus: Anti-foundationalist Foundations for Constitutionalism John Morison 9. Can Quebec’s Relative Autonomy within Canada be a Template for Tibet? Jean-François Gaudreault-Desbiens 10. The Autonomy of Aceh Hans-Joachim Heintze 11. Sometimes Guns Are the Answer. The Path to Autonomy in Tibet, Burma, and South Sudan David C. Williams 12. Territorial Autonomy in India Thomas Benedikter 13. Is Malaysian Federalism a Good or a Warning Example for Solving the China/Tibet Issue? A Brief Inquiry into a Half-Century Experiment in Asymmetric Federalism Andrew Harding Concluding Observations One Country, Three Systems: The Tibetan Quest for Genuine Autonomy Between European Experiences and Asian Perspectives Roberto Toniatti
During the past two decades, a substantial transformation of law and legal institutions in developing and transition countries has taken place. Whether prompted by the policy prescriptions of the so-called Washington consensus, the wave of democratization, the international human rights movement or the emergence of new social movements, no area of law has been left untouched. This massive transformation is attracting the attention of legal scholars, as well as scholars from other disciplines, such as politics, economics, sociology, anthropology and history. This diversity is valuable because it promotes cross-disciplinary dialogue and cooperation. It is also important because today the study of law cannot ignore the process of globalization, which is multifaceted and thus calls for inter-disciplinary skills and perspectives. Indeed, as globalization deepens, legal institutions at the national level are influenced and shaped by rules, practices and ideas drawn, imposed or borrowed from abroad.