Editors' preface Tolerance through Law

Part One Framework

Chapter 1 History of the South Tyrol Conflict and its Settlement (Emma Lantschner)

I. Introduction

II. (South) Tyrol: A Land of Transit

III. Fascist Oppression in South Tyrol

IV. The First Autonomy Statute: An Unsatisfactory Solution

V. The Second Autonomy Statute: The Powers to the Provinces

VI. Conclusions

Chapter 2 Protection of Minorities under International Law and the Case of South Tyrol (Roberta Medda-Windischer)

I. Introduction

II. The International Anchoring of the South Tyrol Issue

III. The International Settlement of the South Tyrol Dispute

IV. Concluding Remarks

Chapter 3 South Tyrol's Special Status within the Italian Constitution (Francesco Palermo)

I. Italian Asymmetric Regionalism and its Evolution

II. The 'Peripheral' Position of South Tyrol

Part Two Self-Governance

Chapter 4 Institutions of Self-Government (Giuseppe Avolio)

I. Introduction

II. Institutions

III. Legislative Procedure

IV. Concluding Remarks

Chapter 5 Legislative and Administrative Autonomy (Sara Parolari and Leonhard Voltmer)

I. Legislative Powers

II. Administrative Powers

Chapter 6 The Financial System of the Autonomous Province of Bolzano/Bozen (Thomas Benedikter)

I. The General Framework of Financing Italy's Regions with a Special Statute

II. The Financial System of the Province of Bolzano/Bozen Today

III. The Development of Provincial Revenues 1990–2005

IV. Some Concluding Remarks

Chapter 7 What it Means to be Special in Relations with the Central State: Institutions and Procedures (Jens Woelk)

I. Introduction

II. Italy's Cooperative Regionalism: Procedures and Institutions

III. South Tyrol's Special Position in Italy's Regional System

IV. Relations with the State in European Aff airs

V. Perspectives: After the Constitutional Reform of 2001

Chapter 8 Implementation and Amendment of the Autonomy Statute (Francesco Palermo)

I. Introduction

II. Implementation of the Autonomy Statute

III. The Amendment Process of the Autonomy Statute

IV. Looking for the Core of the South Tyrolean Autonomy

Chapter 9 Cross-border Cooperation between Historical Legacies and New Horizons (Alice Engl and Carolin Zwilling)

I. Introduction

II. A Look Back on the Development of Cross-border Cooperation between Tyrol, South Tyrol and Trentino

III. The Legal Bases for Cross-border Cooperation between Tyrol, South Tyrol and Trentino

IV. Soft-Law Cooperation as Best Functioning Solution

Chapter 10 Regional Autonomies Providing Minority Rights and the Law of European Integration: Experiences from South Tyrol (Gabriel N. Toggenburg)

I. Introduction: Regional Autonomies and Minority Groups as Shadows Within the EU System

II. Concrete Experiences of the South Tyrolean Autonomy

III. Conclusion: Regional Autonomies and Minority Groups as Increasingly Important Entities within the EU System

Part Three Minority Rights

Chapter 11 Individual and Group Rights in South Tyrol: Article 2 as ,Grundnorm' of the Autonomy Statute (Jens Woelk)

I. Introduction

II. The Basic Compromise: the Gruber-Degasperi Agreement

III. The 'Grundnorm': Establishing Balances

IV. From the Agreement to the Autonomy Statute: Dual Nature and Gaps

V. Balances as Essential Core and Substance

Chapter 12 Quota System, Census and Declaration of Affi liation to a Linguistic Group (Emma Lantschner and Giovanni Poggeschi)

I. Introduction

II. The Quota System

III. The Normative Background to the Census and the Declaration of Linguistic Affiliation

IV. Conclusions

Chapter 13 The Educational System in South Tyrol (Siegfried Baur and Roberta Medda-Windischer )

I. Introduction

II. Historic and Socio-linguistic Conditions of School Policy in South Tyrol

III. Important Aspects of Education Policy since 1972

IV. Foreign Pupils and the Educational System in South Tyrol

V. Conclusions

Chapter 14 Linguistic Rights and the Use of Language (Cristina Fraenkel-Haeberle)

I. Origins of the Problem

II. Separation as the Instrument for Stabilization

III. The Public Administration

IV. Trials and Proceedings

V. Toponymy

VI. Forms of Protection

VII. Future Prospects: the Value of Multilingualism

Chapter 15 A 'Minority within a Minority': the Special Status of the Ladin Valleys (Günther Rautz)

I. Introduction

II. Historical and Geographical Background of the Ladins in Italy

III. The Status of the Ladins in Italy

IV. The Ladins as a 'Minority within a Minority'

Chapter 16 South Tyrol's Special Status in Private Law: the 'Entailed Farm' and the 'Grundbuch' Systems (Giovanni Poggeschi)

I. Introduction

II. The System of the 'Entailed Farm', the Austrian Law of 1900 and the Act of the Province of Bolzano/Bozen of November 2001

III. The Legitimacy of the System of the 'Entailed Farm' According to the Constitutional Court

IV. The 'Grundbuch' System of Registration of Real Properties

V. Conclusions

Part Four Lessons to be Learned

Chapter 17 South Tyrol's Consociational Democracy: Between Political Claim and Social Reality (Günther Pallaver)

I. Consociational Democracy

II. The Principle of Ethnic Division

III. The Breaches in the Model

IV. The Erosion of the Logic in the System of Ethnic Separation

V. The Tense Relationship between the Collective Rights of Minorities and Individual Rights

Chapter 18 Complex Power Sharing as Conflict Resolution: South Tyrol in Comparative Perspective (Stefan Wolff)

I. Introduction

II. Complex Power Sharing and Existing Theories of Conflict Resolution

III. Complex Power Sharing beyond South Tyrol: an Empirical Analysis

IV. Conclusion: Complex Power Sharing Lessons from South Tyrol and Beyond

Chapter 19 Is there a South Tyrolean 'Model' of Conflict Resolution to be Exported? (Joseph Marko)

I. Segregation or Integration? The Main Issues Surrounding the Regulation of Conflict in the Balkans

II. The Complementary Functions of Segregation and Integration in the South Tyrolean Model

III. South Tyrol on the Way to a Multi-ethnic European Region: Problems Related to the Transfer from Territorial to Functional Autonomy

Appendix (Alice Engl and Alexandra Tomaselli)

Editors

Authors

Index