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Internazionalizzazione del diritto costituzionale e costituzionalizzazione del diritto internazionale delle differenze. = The internationalization of constitutional law and the constitutionalization of international law: differences. European Diversity and Autonomy Papers-EDAP (2009), 2

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Abstract

Il trattamento giuridico delle differenze ha assistito, negli ultimi anni, alla convergenza di due fenomeni epocali: da un lato la proliferazione degli strumenti internazionali per la protezione delle minoranze etno-nazionali, dall’altro la sfida del pluralismo e le sue ripercussioni giuridiche. Il concomitante effetto di questi due fenomeni ha dato vita a ciò che potrebbe definirsi il nuovo diritto delle differenze, che presenta aspetti per molti versi innovativi rispetto al passato, sia sotto il profilo delle fonti, sia rispetto al modo di operare degli strumenti da queste prodotti. Si tratta di una sfida fondamentale per il giurista, che costringe a confrontarsi con problemi e strumenti parzialmente nuovi. Il presente contributo prova a toccare alcuni degli elementi principali di questa nuova sfida.

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Filling the Frame. Five years of monitoring the Framework Convention for the Protection of National Minorities
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The History of Legal Protection of Minorities in Europe (XVIIth -XXth Centuries)
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