MODULE-DESCRIPTION

It is clear that in discussing current European minority protection and promotion of diversity, historical concepts of state formation and nation-building have not produced a uniform model of an 'ideal' nation state, rather two distinct models with varying respective ideological underpinnings. On the one hand there is the 'French' revolutionary model based upon the notion of strict equality of individuals as encapsulated within the term citoyen with the consequence that such "differences" will not legally be recognised except through the principle of individual non-discrimination. On the other hand, several constitutions of East and Central European states provide for specific legal recognition of 'difference' of language, religion or culture through various forms of representation and participation of ethnic groups within political decision-making processes. Such norms shape legal and political debate in public international, comparative and human rights law today.

In the first phase of the module, we shall discuss in detail with leading experts the international and interregional systems of the United Nations, the OSCE and the Council of Europe, examining not only the several legal sources but also the specific monitoring and adjudication mechanisms. Consequentially, there will be a strong emphasis upon case law and practice through case studies, moot trials and role-plays.

Such discussion will be followed by discussion of the wide range of linguistic, educational and political rights for minorities as found in different national constitutional systems. The autonomy statute for South Tyrol will also be presented as a "success story" of conflict settlement and model of minority protection. Issues of globalisation and European integration will also be examined in a specific context of minority protection. A further special emphasis will explore legal issues of cultural diversity and preservation of identity as an increasingly significant concept.

As a conclusion to this module and the Masters course, it is therefore discussed what form of European Union would actually be desirable. What is it that forms the core of European "identity" and can this identity overcome the ethno-national legacy of the past? Can European integration finally overcome those so-called realist options which uphold a system of ethno-national and regional divide, particularly in relation to conflict areas such as Kosovo or Northern Ireland?

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