constitutional transitions at nyu law

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1 the center fr cnstitutinal transitins at nyu law 1. Summary f Prpsed Prject Dealing with Territrial Cleavages in Cnstitutinal Transitins Octber 2013 This prject cncerns the issues arising frm territrially cncentrated, plitically salient, cllective demands fr cnstitutinal accmmdatin in cntexts f cnstitutinal transitin. It examines the experiences f a significant number f cuntries that have had t deal with pressures fr territrial autnmy as part f attempted r successful cnstitutinal transitins (and smetimes a brader set f issues simultaneusly). Cnstitutinal transitins in this prject cncerns tw distinctive but related types f prcesses: Cnstitutinal transitins frm authritarian t demcratic rule, ften pst-cnflict, but als in envirnments f n-ging r ptential cnflict; and Cnstitutinal transitins (actual r ptential) within functining electral demcracies in respnse t claims fr territrial autnmy (and where plitical vilence pssibly is r has been a central issue). The prject will prduce: an edited vlume (t be published by Oxfrd University Press) drawing tgether and analyzing numerus case studies alng with thematic and synthetic chapters; wrking papers available n an n-line, pen surce basis, and psted as the prject prgresses; an issue paper, t be issued early in the prcess that wuld be designed t give practitiners in the field a preliminary surce f reflectin and guidance; and a plicy manual drafted n the basis f the findings f the prject and designed t guide principals and advisrs engaged in such transitinal prcesses. Prject findings will be reviewed at a majr cnference bringing tgether the authrs and ther academic experts, as well as advisrs and principals, ntably frm cuntries currently dealing with such transitinal challenges. This prject will make an imprtant cntributin t the plicy and academic cmmunities. There are substantial literatures n: the scial and plitical factrs shaping transitins t demcracy, including in pst-cnflict envirnments; the prcesses invlved in these transitins, including the strategies and tactics as well as the legal instruments; and cnstitutinal design t accmmdate territrial plitical mbilizatin within demcratic states. Hwever, there is little that fcuses n cmparisns f transitinal prcesses t demcracy and/r pst-cnflict envirnments where dealing with a new territrial structure fr the state has been a central issue. The prject will devte particular attentin t thse aspects f cnstitutinal prcesses that relate t the territrial dimensin f cnstitutinal transitin and design. Its case studies will include successes as well as blcked r failed prcesses. 2. The Plicy Questin Attempted cnstitutinal transitins are ften fraught, and can be especially s in cuntries with majr territrial cleavages and demands fr autnmy r even independence. Such challenges may cme frm ne regin r several and they may be seen as existential (with a threat f separatin) r nt. The plitical cntext f such challenges will vary by cuntry and within cuntries, and ver time. Fr example, when an ld authritarian regime has been defeated, there may be clear victrs, wh can manage the prcess f transitin, r there may be an unreslved cmpetitin fr pwer amngst different factins. The ld regime may be weakened but still in ffice; the state may be functining relatively nrmally r 139 MacDugal Street New Yrk, NY cnstitutinal.transitins@nyu.edu

2 the center fr cnstitutinal transitins at nyu law have failed ; the army may be united and lyal r neither. Questins f natinal security, elite views n natinal identity and natin-building, and the structure f cmpetitin amng plitical factins will prfundly shape the respnse t claims fr autnmy. The internatinal cmmunity (reginal r great pwers) may be actively engaged in trying t aid r influence the transitin in bth kinds f cases. The dynamics f each cuntry s prcess will be shaped by such factrs, and will shift as alliances and psitins evlve and as varius tests f plitical r military strength (thrugh electins and referendums r armed cnflict) alter the balance f pwer. All f this culd be true in a cuntry challenged by deep class, religius r ethnic cleavages that des nt have a significant territrial dimensin, but they can be even mre cmplex when there are demands t restructure the state t empwer reginally cncentrated minrities. Clearly, the depth and nature f the cleavages vary greatly acrss cuntries. There may be a distinct reginal minrity facing a hstile majrity, r a number f territrially distinct ppulatins seeking autnmy. There may nt be ne single grup which cnstitutes the majrity. The distributin f distinct linguistic, ethnic r religius ppulatins may be gegraphically cncentrated r interspersed. There may be crss-cutting cleavages such as ethnicity and religin. The gemetry f such divisins will influence the views and weight f different grups and be fundamental t the challenge f managing the prcess and design f new cnstitutinal arrangements. What unites the case studies fr this prject is that the issue f a territrial restructuring f the state is, r ught t be, n the cnstitutinal agenda. There may be a basic and fundamental disagreement n whether territrial restructuring shuld ccur. Alternatively, even if there is brad supprt fr r acceptance f such a restructuring, views n exactly what it entails may differ significantly. There are fur brad appraches t institutinal design that may address such territrial challenges: Federalism: the classic apprach t cnstitutinalizing territrial devlutin, nw practiced in sme 28 cuntries with a majrity f the ppulatin f demcracies. While highly varied in design, it is essentially symmetrical in that all reginal gvernments nrmally have largely the same pwers. It can include special measures t represent regins, r reginal gvernments, within central institutins. Special autnmy arrangements: These are asymmetric arrangements in which ne r a few regins have elected gvernments with pwers unique t them. Other regins may nt have elected gvernments at all. Federatins ccasinally have such special autnmy arrangements fr particular regins. Cnsciatinalism: This invlves pwer-sharing amng highly mbilized identity grups in which they make jint decisins; n sme issues, each grup may have a vet. It can invlve elements f segmental autnmy, which may be territrial (when the mdel verlaps with federalism) r nn-territrial (e.g. cultural r educatinal institutins). Unitary gvernment: There are n reginal gvernments with cnstitutinally prtected autnmy and demands fr greater autnmy that wuld be cnstitutinalized are refused. Hwever, there may be certain cncessins within a unitary framewrk, such as language rights r representatinal arrangements that prmte a minrity s place in state institutins. Of curse, the plicy may be ne f repressin and assimilatin (r the less ppressive integratin), 1 which it is hped will slve the prblem ver time. During the transitinal phase, ne r mre f these ptins may be n the table, and there will be debates abut the specifics f the mst likely mdel. In cases where there is t be devlutin t regins, there may be a questin as t definitin f the regins r the need fr a prcess t determine their definitin. There will als be issues abut the pwers t be devlved and pssibly abut representative arrangements within the central legislature, executive, curts and administratin. A particularly sensitive questin can be whether there is a right t secessin. Such issues can stir up deep emtins and pse existential questins abut the very nature f the cuntry. The debates can be further cmplicated r cnstrained by the interests and actins f internatinal actrs, whether they be neighbring states cncerned abut reginal stability and/r the demands f their wn minrities, r the brader internatinal cmmunity with ge-plitical r humanitarian cncerns. Success in dealing with these majr substantive 1 Fr the distinctin between assimilatin and integratin, see S. Chudhry (Ed.) Cnstitutinal Design fr Divided Scieties: Integratin r Accmmdatin? (OUP, 2008): Chs. 1 and 2. 2

3 the center fr cnstitutinal transitins at nyu law issues will depend n the nature f the territrial cleavages, the views f key leaders, and the prcesses adpted r available fr cnstitutinal change. Getting t an agreement can be a majr challenge. The prcesses adpted t try t achieve cnstitutinal change can play a central rle. In this regard, sme prminent questins are: Is there acceptance f the need fr sme srt f cnstitutinal dialgue r drafting prcess? If nt, why and what are the implicatins? Has there been mediatin r any ther prcess t seek agreement n basic principles prir t the cnstitutinal prcess? Have there been factrs that have encuraged key factins t cmprmise? Wh is t participate in the cnstitutinal prcess? Elected fficials nly? Have electins been held, and if s, were they reasnably fair and were they held thrughut the cuntry? If electins have nt been (r cannt be) held, hw is it decided wh participates in the cnstitutinal prcess? If there has been vilence, are there representatives f thse wh were in revlt? Of reginal grups that have nt engaged in vilence? Has an effective end t the vilence been agreed? Are all leading plitical grups prepared t engage? Is the main frum fr cnstitutinal drafting t be the legislature f the existing state (which may simultaneusly have mre traditinal rles in the gverning f the state), r a separate specialist bdy? In light f the territrial cleavages, what issues f legitimacy arise in cnstituting the drafting bdy? What is the decisin-rule within this bdy? Is the cnstitutinal prcess taking place under an existing cnstitutin and its rules fr cnstitutinal amendment, an interim cnstitutin, r sme ther quasi-cnstitutinal framewrk? If under an interim cnstitutin r quasi-cnstitutinal framewrk, what was the prcess fr adpting them? If it is agreed t create reginal institutins, what is the prcess and timing fr creating such institutins? Wuld reginal electins precede the ratificatin f the cnstitutin? What is the prcedure fr ratifying new cnstitutinal arrangements agreed t in negtiatins? Thrughut the prcess, have internatinal actrs been instrumental? In shaping (r limiting) utcmes? In prviding assistance and expertise? In sum, questins f prir agreement n principles, participatin, interim arrangements, legality and decisin-making frums, ratificatin, the invlvement f internatinal actrs, and the sequencing f key steps (electins, negtiatins, creatin f regins, ratificatin) can all be imprtant. Mrever, cuntries in transitin ften face myriad demanding issues, s that cnstitutin-making can cmpete fr attentin r pririty with the frmatin and management f gvernment in a difficult ecnmic and scial cntext, r with addressing majr security issues such as the refrm f the military r the dembilizatin and integratin f rebel frces. Such ther demands n pliticians can have a majr impact n any effrt t reslve majr cnstitutinal issues. This prject will need t cnsider all f these factrs, but its particular fcus will be n the prcesses and substantive issues that relate t the territrial dimensin f cnstitutinal design. 3. The Plitical Cntext and Chice f Case Studies The wrld has seen a remarkable spread f demcracy ver the last fifty years with declnizatin, the cllapse f dictatrships in Suthern Eurpe and Latin America, the end f the Sviet Unin, and the exhaustin f dictatrships in several African and Asian cuntries. Of curse, the prcess is nt always successful and reverses are pssible. But a striking develpment in many cuntries as they demcratize is the adptin f federalism r devlutin, cnsciatinalism, r special autnmy arrangements. While authritarian regimes are by their nature centralized, demcracy releases the ppular frces in a sciety, which ften demand devlutin r pwer-sharing. Our case studies are intended t include examples f each f the fur appraches t the management f territrial pluralism described abve, with a fcus n cuntries that have experienced cnflict (at least at the reginal level) and/r have been engaged in a majr cnstitutinal transitin twards demcracy r greater demcracy. They exclude cuntries that are still early in their transitinal prcess (such as Myanmar and Yemen) but we expect they wuld be strngly interested in the findings f ur prject. Federalism and devlutin: The earliest federatins were largely the prduct f separate entities cming tgether t frm a new, federal cuntry. Since the Secnd Wrld War, federalism has been adpted by cuntries 3

4 the center fr cnstitutinal transitins at nyu law where pressures fr reginal autnmy becme imprtant as the cuntry demcratizes r as a regin mbilizes plitically. This pathway t federalism is called hlding tgether, where the devlved arrangements are intended t accmmdate demands fr territrial autnmy and stabilize the plitical structure f the cuntry. This dynamic was present in the fllwing prpsed case studies: Ethipia: A calitin f rebel grups, led by a minrity factin, pted fr ethnic federalism as a way t stabilize their alliances after winning the civil war and prevent the breakup f the cuntry. Initially relatively demcratic, the regime has becme mre authritarian while still prmting its federal visin. India: The trauma f partitin weighed n the transitin t independence. India adpted a very deliberate and staged apprach t cnstitutin-making, including the restructuring f its states n a linguistic basis in rder t maintain its territrial integrity. Iraq: Kurdistan s effective autnmy was at the rt f the adptin f a federal mdel, which was intended t be symmetric but has in practice has turned ut t be quite different. The prcess was hurried and left majr issues unreslved and the key ppulatins unrecnciled t the new cnstitutinal rder. Kenya: Writing a new cnstitutin was a cnditin f the accrd reached fllwing the cmmunal vilence after natinal electins. During the transitinal perid, Kenya s gverning arrangements had sme cnsciatinal aspects (pwer-sharing amngst the majr parties), and the new cnstitutin has significant devlutin. Nepal: A very unstable cnstellatin f plitical parties emerged in electins after the end f the insurgency and verthrw f the king. A weak cnsensus emerged n federalism, but after five years the cnstituent assembly and natinal leadership prved unable t determine the mst basic features f the federatin, frcing electins. Nigeria: The cnstitutin was written under military directin ver an extended perid fllwing a civil war and it prvided fr a fundamental increase in the number f states in the federatin (frm three t 36). Since the return t civilian rule, there have been abrtive attempts t change parts f the cnstitutin. Spain: The pst-franc era was still strngly marked by the divisins f the civil war almst frty years befre. There was a reginal insurgency in the Basque cuntry. Demcratizatin gave pririty t reginalizatin, initially f an asymmetric variety. A current issue is the right f the autnmus cmmunities t hld referendums n autnmy. Suth Africa: The internal insurgency and external pressure led the apartheid regime t negtiate with the ANC and thers n a new regime. The interim arrangements were cnsciatinal. The cnstitutin is mildly federal, t reflect cncessins t the nn-black minrities and the Inkatha party. Cnsciatinalism: A number f Eurpean cuntries have had cnsciatinal arrangements fr perids f their histry. The apprach has been adpted in Nrthern Ireland, a nn-federal example. While it is rarely a first chice t manage territrial cleavages, it can be useful in situatins f deep distrust where minrities are nt prepared t envisage any frm f majritarian gvernment. Suth Africa als went thrugh a cnsciatinal phase, prir t cncluding its new cnstitutin; while the ultimate mdel was devlutinary r federal, the use f cnsciatinalism as part f the transitin prcess merits clse attentin, as it des in Kenya. Our prpsed case studies are bth examples where cnsciatinalism has been cmbined with federalism in the lnger-term arrangements: Cyprus: S far, a failed case, but ne in which the United Natins and utside pwers have been deeply invlved. Bsnia-Herzegvina: A cnsciatinal federatin was created by the Daytn Agreement. Special autnmy arrangements: These are relatively infrequent fr regins that are cntiguus with the main territry f a cuntry. The mst remarkable example in recent years is the very asymmetric devlutin in the United Kingdm t Sctland, Wales and Nrthern Ireland while England remains withut devlved gvernment. Our prpsed case studies are: 4

5 the center fr cnstitutinal transitins at nyu law Indnesia (Aceh): As Indnesia demcratized, it agreed t special autnmy fr Aceh, where there had been a serius insurrectin. Devlutin in the rest f the cuntry has been very limited. Philippines (Mindana): After many years f n-and-ff negtiatins an agreement is emerging that is intended t end the insurrectin. There is n scheme f devlutin fr the rest f the cuntry. Unitary gvernment: Many gvernments fear autnmy arrangements t separatist regins can be the first step t the breakup f the cuntry. There may als be idelgical r nrmative views abut the natin that are deeply hstile t recgnizing territrially cncentrated minrities (especially where they make distinctive claims t recnstitute the state alng plurinatinal lines). Our prpsed case studies are: Blivia: Cnstitutinal refrm was cnducted in a highly vlatile envirnment, steered by the cuntry s first indigenus majrity gvernment against strng ppsitin frm the traditinal elites and nnindigenus grups. The latter failed t achieve the reginal autnmy they sught. Sri Lanka: After many years f debate abut devlutin ptins and a brutal civil war, the gvernment emerged victrius militarily and has decided against further devlutin than the already very limited arrangements. Hw territrial cleavages are managed has shifted frm a matter f purely dmestic t internatinal cncern. Federalism and devlutin have ften been prmted by experts and the internatinal cmmunity the United Natins, varius gvernments, NGOs t reslve difficult cnflicts. The internatinal cmmunity has been engaged in almst all f the recent cases abve. These and thers the cuntries assciated with the Arab Spring, Myanmar, Thailand, Uganda, and the DRC, t cite a few have greatly raised the plicy relevance f understanding effective ptins fr the prcesses fr dealing with bth territrial cleavages and institutinal arrangements. There is an urgent need fr a better understanding f bth the successes and failures, and f the pprtunities and limits assciated with these prcesses and arrangements. This need is particularly acute because the success f internatinal effrts t prmte particular mdels whether federalism in Iraq and Sudan r cnsciatinalism in Bsnia-Herzegvina and Cyprus has been limited r a failure. 4. Current Debate and State f Knwledge This prject will perate at the intersectin f three distinct yet interrelated areas f study and practice: First, the scial and plitical factrs shaping majr cnstitutinal transitins, whether in an envirnment f cntinuing r past cnflict r frm authritarian t mre demcratic gvernance. Secndly, the prcesses f such transitins, including the strategies, tactics and legal and plicy instruments brught t bear. Thirdly, cnstitutinal design as it relates especially t the accmmdatin r management f distinct territrial and/r minrity ppulatins. This includes federalism and devlutin, asymmetric autnmy, and pwer-sharing arrangements, such as cnsciatinalism.. A vluminus literature exists n these three subjects, which varies in its degree f engagement with territrial cleavages. Mre fundamentally, there is little that fcuses in a cmparative way n the intersectin f these issues in scieties that have grappled with territrially based plitical mbilizatin. The substantial literature n the plitical and scial factrs shaping cnstitutinal transitins has fcused n transitins frm authritarian rule t demcracy and it prvides n synthetic wrk n the particular challenges f cuntries with strng territrial cleavages. It is weakly tied t imprtant literatures n cnstitutinal design, as well as t the literature n transitinal prcesses. On transitinal prcesses, Interpeace s very useful Cnstitutin-Making and Refrm (2011) has full discussins f cnstitutinal prcesses and instruments, but has nly passing references t cnstitutin-making in the cntext f territrially-based cnflicts. Mrever, its intellectual and plicy hme is in the field f cnflict reslutin and transitins after vilent civil war. It des nt address the technical yet vital issues f participatin, sequencing, interim arrangements, 5

6 the center fr cnstitutinal transitins at nyu law apprval prcesses and the rle f internatinal actrs in relatin t territrial cleavages, leaving an imprtant dimensin f the relatinship between cnstitutin-making and brader prcesses f demcratizatin nt fully explred. It als des nt address questins f prcesses and instruments in demcracies with functining electral machinery and representative institutins, which in cases such as Blivia, India, the Philippines and Sri Lanka has cmplicated the negtiatin and management f territrial cnflicts. Finally, there is a large literature n cnstitutinal design, including hw it shuld address territrial cleavages. 2 Fr federalism studies, the Frum f Federatins ambitius Glbal Dialgue series has vlumes n cnstitutinal rigins as well as many aspects f federal cnstitutinal structures, but its fcus is largely n lng-established federatins (Ethipia, Suth Africa, and Spain being exceptins). Mrever, the cnstitutinal literature has been enriched in recent years by the wrk arund cnsciatinalism and plurinatinalism. But this literature des nt cntextualize these design chices in the cntext f cnstitutinal transitins, either frm authritarianism t demcracy r transitins within a functining electral demcracy. 5. Prject Methdlgy and Outputs The prject will be led by the Center fr Cnstitutinal Transitins at the New Yrk University Schl f Law (Cnstitutinal Transitins) in cnjunctin with tw plicy partners: the Frum f Federatins and the Internatinal Institute fr Demcracy and Electral Assistance (Internatinal IDEA). Cnstitutinal Transitins is the wrld s first university-based center that generates and mbilizes knwledge in supprt f cnstitutin building. The Frum f Federatins, an internatinal NGO based in Ottawa, is the leading internatinal netwrk n federalism, and is supprted by 10 federal cuntries. Internatinal IDEA, an internatinal rganizatin based in Stckhlm and the Hague with 28 member-states, wrks n many aspects f demcratic institutins, including cnstitutinal refrm. Bth the Frum f Federatins and Internatinal IDEA have agreed t prvide financial supprt t the prject ver tw r three years. The Mediatin Supprt Unit in the United Natins Department f Plitical Affairs has indicated an interest in being assciated with the prject. This cncept nte will be used t apprach ther ptential partners and spnsrs. As nted at the utset, this prject will prduce three main sets f utputs: an edited vlume, an n-line wrking paper series, and a set f plicy publicatins. These utputs are described belw, as well as their individual cmpnents, which include: (a) case studies, (b) thematic papers, (c) an issue paper, and (d) a plicy manual. Case Studies: The prject will be based n highly structured case studies (apprx. 8,000 wrds each), designed t prmte systematic cmparisn. Schlars will be cnsulted n a template that will guide the structuring f the case studies s as t permit cmparisn acrss cases within a slid theretical framewrk. The analysis will distinguish tw brad subject areas: The underlying scial and plitical factrs, including the ge-plitical cntext, as they relate t institutinal ptins fr devlutin r federalism: This will include examinatin f the structure f cnflict in the sciety, identity patterns and grievances, the nature and histry f territrial cleavages, plitical leadership and parties, and the issues assciated with devlutin ptins (including the number and character f plitic-territrial units, and their respnsibilities) as well as pwer-sharing and representative prvisins within the central gvernment. External pressures and cnstraints will als be examined. The prcesses and instruments f cnstitutin-making: This will include an examinatin f the particular issues with which actrs are engaged in cnsultatins and negtiatins and the stages in these prcesses (fr peace-making, interim arrangements, and final cnstitutinal drafting and apprval including the relevant prcedures and rules and transitinal arrangements fr bringing the new cnstitutin fully int frce). Particular attentin will be paid t the 2 Such as A. Reynlds (ed.) The Architecture f Demcracy (Oxfrd University Press, 2002); G. Sartri, Cmparative Cnstitutinal Engineering, 2 nd ed. (New Yrk University Press, 1994); A. Lijphart, Patterns f Demcracy, 2 nd ed. (Yale University Press, 2012); S. Chudhry (ed.) Cnstitutinal Design fr Divided Scieties: Integratin r Accmmdatin? (Oxfrd University Press, 2008). 6

7 the center fr cnstitutinal transitins at nyu law sequencing f critical events such as natinal and reginal electins, the naming f reginal gvernments, capacity building fr new gvernments and the transfer f pwers t reginal gvernments. The rles f experts, utside state actrs, and internatinal rganizatins will be cnsidered. It is prpsed that the case studies fcus particularly n cuntries that have dealt with either a cnstitutinal transitin frm authritarian rule t cnstitutinal demcracy where there is a territrial dimensin, r a demand fr autnmy r federalism within a demcracy (including cases where this may have been rejected in the end). The furteen suggested cases are set ut earlier in this dcument. It wuld be premature t include cuntries such as Libya, Myanmar and Yemen in the prject because their transitins are in their early stages. Hwever, experts and practitiners n these and ther current transitins will be invited t the cnference that will launch the cnclusins f the prject, and sme may als be invited t the initial authrs meeting. The authrs f the case studies will be leading experts n the plitics f the cuntries; if the lead authr is nt a cuntry natinal, a cuntry natinal will be a c-authr where pssible. Thematic Papers: Three papers will be prepared n crss-cutting themes. The first presentatin n these thematic papers will help shape the prject template and prvide case study authrs with helpful cntext fr their wrk. The prpsed themes fr these papers are: The plitical and scial factrs shaping majr cnstitutinal transitins, including in cnflictual r pst-cnflict envirnments; The strategies and tactics, as well as the legal and plicy instruments, used in cnstitutinal transitins; and, Institutinal design ptins (federal, devlved, asymmetric, cnsciatinal, unitary) fr managing deep territrial cleavages. The final drafts f the thematic papers (apprx. 8,000 wrds) will draw upn the case studies and shuld be majr synthesized cntributins t understanding these issues. Issue Paper: This nn-academic paper (10,000 wrds) will be drafted after the initial authrs cnference. It will prvide a preliminary set f bservatins n the issues and be intended t be helpful t principals and practitiners currently engaged in relevant prcesses. Plicy Manual: This wuld draw upn the case studies, thematic papers, and issue paper (20,000 wrds). The audience wuld be advisrs and negtiatrs wrking in the field. These cmpnents will be published in the fllwing frmats: Online Wrking Paper Series (featuring the cuntry case studies and the thematic papers) Edited Vlume (cmbining cuntry case studies and the thematic papers, and a brader synthetic verview) Plicy Publicatins (the plicy manual and issue paper) 6. Prpsed Timetable The fllwing timetable is prpsed, with public prducts r events indicated in italics. The dates are tentative. Wrking papers wuld be psted at varius times thrughut the prcess. Octber-Nvember 2013: Preparatin f draft template (maximum 10 pp.), final list f case studies and f thematic papers, cmmissining f authrs. First quarter 2014: Authrs cnference, where authrs wuld make initial presentatins (pwerpint) n their cases r themes and the draft template wuld be discussed fr revisin. 7

8 the center fr cnstitutinal transitins at nyu law April-May 2014: Draft template apprved. Summer 2014: Preparatin f Issue Paper. Late autumn 2014: Thematic papers and case studies submitted fr review by authrs in advance f presentatin at the launch cnference (belw). Release f Issue Paper. Winter : Launch cnference fr authrs, ther experts, participants in current relevant cnstitutinal prcesses, NGOs, etc. Early 2015: Revised thematic papers and case studies fr submitted fr final editing. Spring 2015: Preparatin f Plicy Manual. Submissin f manuscript fr Edited Vlume t publisher. Early summer 2015: Publicatin f Plicy Manual. Autumn 2015: Publicatin f Edited Vlume. 7. Expertise and persnnel The prject will be led by Gerge Andersn and Sujit Chudhry, bth f whm have extensive experience crdinating prjects and editing cmparative vlumes. They will be assisted by a prject directr, Asanga Welikala. Their shrt bigraphies are in the annex. Partner rganizatins will als be invited t jin a management cmmittee verseeing the prject. 8

9 the center fr cnstitutinal transitins at nyu law Dealing with Territrial Cleavages in Cnstitutinal Transitins Octber 2013 Bigraphies f Prject Leads Gerge Andersn is a Visiting Fellw with Cnstitutinal Transitins and a Senir Glbal Fellw frm Practice & Gvernment with the Glbal Fellws Prgram at NYU Law in He was a civil servant in the Canadian gvernment, with senir appintments in the Energy, Finance, Freign Affairs and Finance departments befre becming Deputy Minister f Intergvernmental Affairs ( ) and Natural Resurces ( ). He was President f the Frum f Federatins, an internatinal NGO supprted by nine cuntries, frm , and an expert member f the stand-by team f the Mediatin Supprt Unit, United Natins in He cntinues t wrk with the United Natins n the cnstitutinal transitin in Yemen. He has wrked r lectured in ver 25 cuntries. Mr. Andersn was educated at Queen s, Oxfrd and the Écle Natinale d Administratin in Paris, and was a Fellw at Harvard s Center fr Internatinal Affairs ( ). He is the authr f Federalism: An Intrductin (OUP, 2008) and Fiscal Federalism: An Intrductin (OUP, 2010), which have been translated int 22 and 12 languages respectively. He als is the editr f Oil and Gas in Federal Systems and Internal Markets and Multilevel Gvernance (bth OUP, 2012) and c-editr f Federal Rivers (Edward Elgar, 2014). Mr. Andersn served as a mentr at the Trudeau Fundatin (2011) and as the Vice-Chair fr the Bard f Trustees at Queen s University. He is a Member f the Advisry Cmmittee fr the Mwat Centre, University f Trnt. Sujit Chudhry is the Cecelia Getz Prfessr f Law and Faculty Directr f Cnstitutinal Transitins. Prfessr Chudhry is an internatinally recgnized authrity n cmparative cnstitutinal law and cmparative cnstitutinal develpment. Recently, he has written n cnstitutinal design as a tl t manage the transitin frm vilent cnflict t peaceful demcratic plitics, especially in ethnically divided scieties. He has published ver sixty articles, chapters and reprts. His edited cllectins include Cnstitutinal Design fr Divided Scieties: Integratin r Accmmdatin (Oxfrd, 2008) and The Migratin f Cnstitutinal Ideas (Cambridge, 2006). He sits n the Bard f Editrs f the Internatinal Jurnal f Cnstitutinal Law, is a member f the Editrial Bard f the Cnstitutinal Curt Review (Suth Africa), and is n the Bard f Advisers fr the Cambridge Studies in Cnstitutinal Law. In 2010, he was ne f fur Canadians t receive the Trudeau Fellwship, the Canadian equivalent f the MacArthur Fellwship. Prfessr Chudhry prvides cnstitutinal advice t a brad range f public sectr and private sectr rganizatins, and is extensively invlved in public plicy develpment. Internatinally, he is a member f the United Natins Mediatin Rster, was a cnsultant t the United Natins Develpment Prgram and the Wrld Bank Institute at the Wrld Bank, has wrked with the Internatinal Institute fr Demcracy and Electral Assistance in the Middle East and Nrth Africa, the Frum f Federatins in Sri Lanka and the Canadian Bar Assciatin in Nepal, and was an intern at the Legal Resurces Centre in Suth Africa and the Wrld Health Organizatin in Geneva. Asanga Welikala is the Prject Directr. His LL.B and LL.M degrees are frm the University f Hull, UK, where he als wn the F.W. Taylr Prize fr the mst utstanding perfrmance by an LL.M student. Mr. Welikala s research interests lie in cmparative (especially Cmmnwealth) cnstitutinal law and applied cnstitutinal thery, and he is currently cmpleting his PhD thesis n plurinatinal cnstitutinalism as applied t Sri Lanka at the University f Edinburgh. In early 2013, Mr. Welikala was appinted ESRC Teaching Fellw in Public Law at Edinburgh Law Schl. He teaches in three majr public law curses: Public Law f the United Kingdm and Sctland (PLUS), Public Law and Individual Rights (PLAIR), and Cnstitutinal Law Hnurs. In the academic year , he is acting Curse Organiser fr the PLUS and Hnurs curses. Mr. Welikala is als a Senir Researcher f the Centre fr Plicy Alternatives (CPA), Sri Lanka. His mst recent publicatin is the tw-vlume edited cllectin (2012) The Sri Lankan Republic at 40: Reflectins n Cnstitutinal Histry, Thery and Practice (Clmb: CPA). In additin t Sri Lanka, he has wrked n aspects f cnstitutinal and legal refrm in a number f cuntries including the Maldives, Nepal, Indnesia, Thailand, Nagrny- Karabakh, Ethipia (Ogaden), Libya and Egypt. In , during the cnstitutin-making prcess in Iraq, Mr. Welikala was a Legal Officer in the Office f Cnstitutinal Supprt, United Natins Assistance Missin fr Iraq (UNAMI), in Baghdad. In that capacity, he crdinated and cntributed t the UN s substantive input in the areas f federalism, fiscal and financial arrangements, the cnstitutinal regulatin f the il and gas sectr, and the bill f rights. 9