Czecho/Slovakia: Ethnic Conflict, Constitutional Fissure, Negotiated Breakup

by Eric Stein

Overview

As the clock struck midnight on December 31, 1992, Czechoslovakia, the only genuine democracy in post-World War I Central-Eastern Europe, broke up into two independent successor states. This book explores the failed search for a postcommunist constitution and it records in a lively style a singular instance of the peaceful settlement of an ethnic dispute.
For more than three years after the implosion of the Communist regime in 1989, the Czechs and Slovaks negotiated the terms of a new relationship to succeed the centralized federation created under communism. After failing to agree to the terms of a new union, the parties agreed on an orderly breakup.
In the background of the narrative loom general issues such as: What are the sources of ethnic conflict and what is the impact of nationalism? Why do ethnic groups choose secession and what makes for peaceful rather than violent separation? What factors influence the course of postcommunist constitutional negotiations, which are inevitably conducted in the context of institutional and societal transformation? The author explores these issues and the reasons for the breakup.
Eric Stein, a well-known scholar of comparative law and a native of Czechoslovakia, was invited by the Czechoslovak government to assist in the drafting of a new constitution. This book is based on his experiences during years of work on these negotiations as well as extensive interviews with political figures, journalists, and academics and extensive research in the primary documents. It will appeal to historians, lawyers, and social scientists interested in the process of transformation in Eastern Europe and the study of ethnic conflict, as well as the general reader interested in modern European history.
Eric Stein is Hessel E. Yntema Professor Emeritus, University of Michigan Law School. He previously served with the United States Department of State in the Legal Advisor's Office. He is the author of many books and articles on comparative law and the law of the European Community.

Product Details

ISBN-13:	9780472021871
Publisher:	University of Michigan Press
Publication date:	05/06/2010
Sold by:	Barnes & Noble
Format:	eBook
Pages:	416
File size:	840 KB

About the Author

Eric Stein is Hessel E. Yntema Professor Emeritus, University of Michigan Law School. He previously served with the United States Department of State in the Legal Advisor's Office. He is the author of many books and articles on comparative law and the law of the European Community.

Table of Contents

Contents Foreword Acknowledgments Preface Abbreviations 1. The Questions 2. Some Thoughts on Nationalism and Ethnic Conflict 3. Sources of Ethnic Conflict 4. On Negotiation for a Constitution: General Criteria Prologue 1. Constitution Makers and Foreign Advisors 2. A Lesson in Self-Knowledge 3. On Asymmetric Federation—and Beyond 4. A Parenthesis: On a Good "Gestalt" 1. Environmental Conditions: Geography, Demography, Ethnicity, Economy 2. Social Conditions: History, Religion, Culture 3. An Interlude: A "Contempt" Theory 4. Political Conditions 1. The Scope and Flexibility of Constitutions 2. On Modifying Constitutions 3. On Supremacy of Federal Law 4. The Constitution as a Symbol 5. On Secession and Referendum 6. The Constitution and Society 7. What Federation? 8. The Arena First Act 1. "The Hyphen War": A Revelation (January−April 1990) 2. Negotiating a Power-Sharing Law (April−December 1990) 3. The New Power-Sharing Law (December 1990) 1. The Elections 2. Political Differentiation in Context 3. An Afterthought: More on "the Heroes" 4. An Interlude: The Federal Assembly, a Success Story? Second Act 2. Comments by the International Group 3. The President's Legislative Initiative (March 1991) 4. "From Castles to Manors": Presidential Talks (Winter−Spring 1991) 5. A Side Issue: Moravia-Silesia 6. An Interlude: Bratislava and Prague in Spring 1991 1. The Darkening Sky 2. The Referendum Law Adopted 3. The Republic Legislatures Take Over: New Bottles—Old Wine (September−November 1991) 1. An Appeal to Citizens 2. The Five Legislative Proposals 4. The Federal Assembly Response 5. Some Thoughts and Afterthoughts 6. Coda: Behind the Budget Imbroglio 1. Prelude to Milovy 2. In Snowbound Milovy: An Agreement in Sight? 3. The Milovy Text in the Presidia 4. "The Three Heads" in the Federal Assembly: The Dead End 1. The Campaign 2. The June 1992 Elections: "The Center Cannot Hold" 3. Monday Morning After and Hindsight 4. Prague in Spring 1992: The Last Interlude Third Act 1. The Five Rounds (June−July 1992) 2. The Context 3. Round Five: A New Political Agreement 4. In the Federal Assembly, Again Referendum? (August 1992) 5. Round Six: Setting the Date 6. Summing Up: Spotlight on "the Heroes-Villains" 1. An Overview 2. The Defiant Federal Assembly (September−October 1992) 3. Toward a New Form of Coexistence: Bilateral Treaties (October−November 1992) 1. New Federal Government Program 2. Dividing Federal Property 3. The Vote 5. At the End: Again the "Extinction" Bill Fourth Act 1. The Slovak Constitution, September 1992: Montesquieu Bowdlerized? 2. The Czech Constitution, December 1992: Back to 1920? A Comparative Parenthesis Epilogue 1. Sources of Ethnic Conflict and Causes of Separation 2. On Eliminating Differences: A Taxonomy Applied 3. On Multiple Transformations 4. "Strategic Elements" of Constitutional Negotiations 5. Forums and Tactics 6. The "Intervenor" 7. The Last Afterthought Annexes Annex I: The International Conference, Bratislava, June 1991 1. The Allocation of Powers 2. The Institutional Structure: The Parliament 3. The President: Back to 1920? 4. Ethnic Minorities 5. On Impartial Advice 1. The "Opening" Issue 2. At the Federal Level 3. Constitutions for Independent Republics 4. Concluding Thoughts on the "Opening" Selected Bibliography Index