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Self-determination

Self-determination

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Self-determination

Lunghezza:
227 pagine
2 ore
Pubblicato:
19 apr 2015
ISBN:
9786050373479
Formato:
Libro

Descrizione

Self-determination: a natural right, perhaps unknown or little-known, but since 1945 up to today is the legitimate father of the birth of over 120 new States in the World.

The fundamental question that arises from this book is just one: a centralist and

nineteenth-century State like Italy, of dynastic nature until 1945, created mostly by external will, rather than from internal cohesion and conviction, now immobilized and devitalized by its own perverse oligarchies and bureaucracies, ravenous and familial, can oppose a formal request by Veneto, denying the democratic, peaceful and electoral/referendum exercise of self-determination that, since 1945 ( for Italy since 1955) is jus cogens (compelling law) with binding force for all UN Member States?

This essay explores, in general, the interesting and topical canvas of the right to

self-determination, dedicating the last part right to the Veneto, which, thanks to its history, is now the star of its own democratic path towards independence and full sovereignty, acting not against but over the Italian Constitution in the wake of international legitimacy.
Pubblicato:
19 apr 2015
ISBN:
9786050373479
Formato:
Libro

Informazioni sull'autore


Correlato a Self-determination

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Anteprima del libro

Self-determination - Alessio Morosin

Author

Alessio Morosin

Born and living in Noale/Venezia.

A graduate in law at the University of Padua in 1981.

Directs a Private Law Firm.

Lawyer at the Court of Venice

and at the Italian Supreme Court.

Member of Veneto’s Regional Parliament

1995 - 2000 legislation.

Contacts

mail: alessiomorosin@gmail.com

facebook: Morosin Alessio

twitter: @ALESSIOMOROSIN1

Thanks in advance to those who, after reading this essay, would like to share with me their thoughts, comments and constructive criticism.

Title page

ALESSIO MOROSIN

How to regain

INDEPENDENCE FOR VENETO

from a fraudulent State peacefully,

rightfully and democratically

Quotes

Livio Paladin:

In the realm of law nothing can be spared in regard to the events of history.

Sabino Cassese:

A nation’s birth takes place in the precise moment a handful of people state it’s existence.

Arturo Carlo Jemolo:

Constitutional Charters are worthless in the face of men’s passions and skills. Politicians and Jurists are always keen and prone to appeal to the substance of laws for their own benefit, thus telling us through them the exact opposite of what rules express..

Francesco Cossiga:

Italy is organized in Regions, Communities and Nations with no State.

Sergio Romano:

It seems to me the European Union, within a federal pact, can host regional native countries better than national States.

Self-determination: a natural right, perhaps unknown or little-known, but since 1945 up to today is the legitimate father of the birth of over 120 new States in the World.

The fundamental question that arises from this book is just one: a centralist and nineteenth-century State like Italy, of dynastic nature until 1945, created mostly by external will, rather than from internal cohesion and conviction, now immobilized and devitalized by its own perverse oligarchies and bureaucracies, ravenous and familial, can oppose a formal request by Veneto, denying the democratic, peaceful and electoral/referendum exercise of self-determination that, since 1945 ( for Italy since 1955) is jus cogens (compelling law) with binding force for all UN Member States?

This essay explores, in general, the interesting and topical canvas of the right to self-determination, dedicating the last part right to the Veneto, which, thanks to its history, is now the star of its own democratic path towards independence and full sovereignty, acting not against but over the Italian Constitution in the wake of international legitimacy.

HISTORICAL INTRODUCTION

by Paolo Luca Bernardini

Independence: a Venetian history.

I was deeply honored when Alessio Morosin, a real patriot, asked me to write a foreword to his passionate work in favor of independence for Veneto, for the creation of a third Veneto republic after the Serenissima and the brief but significant episode of Daniele Manin, to bring to life after 150 years, or since 1849, a republic with Venice as its capital with all the characteristics of a modern, free, rich and happy State.

At first in many aspects, I must say, I felt inadequate for the task.

My knowledge of Venice having been acquired later, dating back to 1987. I was a guest of the Cini Foundation at San Giorgio Maggiore, at what was called Advanced International Cultural Courses a wonderful initiative, unfortunately no longer being held. Probably due to lack of funds. They had been set up by Vittore Branca in 1959. I think the last course was held in 2003. When I participated in 1987, as a young fellow, whilst waiting to be called for military service in the Naval Academy of Livorno, I’d just graduated in Philosophy, the theme of the course was The Paths of History. I was able to get to know great personalities.

I don’t know why it took so long for my encounter with Venice. But I think that there may be one reason: similar to when you don’t want to meet that splendid, intelligent and amusing girl that everyone is talking about at High School. You are afraid you’ll fall in love, obviously, and that this love will not be returned. Certainly, hearing talk about paths of history in the capital which has made history for a thousand years if not more – as better explained among others by Bill McNeill, father of global history, not by chance – that love naturally could not but bloom in a visceral, passionate, inexhaustible way. No, I didn’t need to exclaim Haec est illa Noemis?, Is this the city so much vaunted?, because the myth corresponds to the reality.

The myth of Venice. It is wonderful to read the pages of the Crouzet-Pavan, Triumphant Venice, a book from 1999 which explains much on the reasons, all valid, for which the myth of Venice spread through Europe. Because above all, to be noted is still true today, the myth corresponds to reality. By no means trivial. So at 24 years of age I fell in love and on the threshold of 50 the love is still there. From my small window at the Alberoni I can see the lagoon and the island of San Giorgio Maggiore. In the distance, lost in the fog of the lagoon the bell tower of San Marco’s Square.

And I am happy. Before me one of the wonders of the world. I heed the jealousy, but not the envy, of my Genova on the other side of the same sea. Oh, come let’s not be moralistic, as a good scholar of the 700 hundreds, I’ve entered so much into this century that it is as if the wife and the lover are perfectly reconciled. So long as they are both distant from one another. Rather, I realize if anything that it is I who is their gallant cicisbeo. But so is life.

It is natural that Venice returns to be a free and Sovereign Capital. It would be, even if the country of which it is now part of, and Europe of which this country is a minority part, where not in the irreversible crises in which they find themselves. What is alarming, is having to confront with those much larger that made her Queen of the Adriatic. What will Sebastiano Venier think of us? At 75 years of age who fought at Lepanto. What will Leonardo Loredan think of us? He defeated a formidable alliance of European powers that, led by the pope, wanted to bring to an end the independent state of Venice. Even more the image of the dwarfs on the shoulders of giants has value, well I feel the burden of the metaphor day after day. But it cannot be otherwise, and this we all know. Electa una via, non datur recursus ad alteram. And whilst we build brick after brick - and this book is a bastion wall, naturally – independence for Veneto, the Third Republic, I’m reminded that perhaps it is necessary to see all the Venetian History, intrinsically as a fight for independence.

An unusual outlook? Forceful? Maybe not. A key to comprehending, certainly. That Venice was born from the will of certain men to conquer their own independence from the remains of a dying Empire, that of the West Roman Empire, unable to protect them from Attila, Bleda, and their flaming barbarous company, and therefore to conquer a real and personal independence from the other Empire from which they were forced to take refuge, that of the East Roman Empire, at the time well and truly alive and powerful. Therefore in the first decades of the VIII century Venice appears as an autonomous state entity, takes active part, and what a part, in the schismatic controversies: Venice emancipates itself from Bysantium for the first time in 727, joining the fight of Pope Gregory II against Emperor Leone II Isaurico, the Iconoclast.

Venice can now maneuver between the Byzantines in crisis and the Longobards on the rise in Italy (strictly geographical expression, luckily for Venice), between popes and franc emperors to be imminently crowned. Venice still isn’t a power, but clearly is going to be. Singular destiny. Defend the sacred images. Venice will be the most iconic of powers, between Venus and the Lion of Saint Mark, between the Profane which never died and the Sacred more and more alive. No, only fires and tyrants, like Napoleon, destroy images in Venice. They are sacred, as sacred is the political and moral Image of the Serenissima (Most Serene) itself. Not surprisingly, therefore, its history starts like this.

The history spans 1100 years, just as Byzantium. Really not a short period. But the threats are many and endless. First of all, the inner one: the never absent risk of tyrannical and dynastical degeneration of the Doge institution. In fact unhappy dynasties were established over a long period of Venetian history, and attempts, sometimes partially managed to transform the Doge into King, and abolish the democratic basis at the origins of the Republic. Even in this manner the concept of independence falls apart. In Italian-Savoy history, the same happens, for example, with Mussolini. In Como there’s (and not only in Como) a street called free Italy. Free from what? From dictatorship. An illegal association called free Italy existed, it’s existence known, from 1922 to 1945. Certainly, a bad fate belonged to the doges who wanted to be tyrants, just think of Marin Faliero. But also, much later, think of the tragedy of Francesco Foscari, very different, but linked, however, to a personalised view of the Doge’s mandate: to tend to improper excesses for a republic. And it is certainly true that Venice from a small fishing community grew to become an Empire. But it is also true that Venice had to defend herself from the inner and the outer dangers and to always cherish and care for its freedom.

I mentioned Doge Loredan. Well, he was able to mess up the plans of the League of Cambrai, cleverly mixing war and diplomacy saving Venice on the verge of collapsing, half a millennium ago. When the Spanish conquered half of Italy, Venice was about to become Spanish too and to lose her freedom in a fraudulent manner (never lacking in history the infamous fifth columns, the Quislings of the moment, the traitors, in short), well before the arrival of Napoleon. The events touched the sensitive heart of a great philosopher of the twentieth century, Simone Weil, and there came the enigmatic Venice saved, a singular booklet that Adelphi reprints time again. Paranoia included. Antonio Foscarini was hung in 1622, but evidence proved posthumously, his innocence. He was re-instated.

My Genoese ancestors were about to conquer Venice in 1379-1380. For long months Chioggia was theirs: they were up to all sorts of violence from 13th August 1379 to June 1380, when they surrendered. Even to my aggressive fellow citizens, Venice proved to be impenetrable.

The Genovese’ defeat relegated the Superba for a long time to a lower rank compared to Venice, even if the Century of the Genoese redeemed them widely. At least, the two Republics no longer waged war against each other: four wars took place and, finally, both parts had had enough of them.

But the history of the independence of Venice is intertwined with that of the independence of Europe itself. The Venetians were in fact to lead the fleet at Lepanto, although formally the young John of Austria was the commander. We are in 1571. Marco D’Aviano turned on the troops of the alliance while the Turks were about to conquer Vienna in 1683. Here is the sublime meaning of the words so often said: By land, by sea, San Marco.

By sea and then by land San Marco saved Europe. By sea and by land San Marco made it so that Europe would become known in the world, and the world to Europe. These are not mere trifles.

Independence was lost in 1797, conquered again briefly on March 22nd, 1848.

There is a Corso XXII Marzo in Milan, which begins, not surprisingly, from Piazza Cinque Giornate (Five Days). A beautiful area of Milan, if only for the story it evokes. But the last of the Five Days of Milan coincides with the first and the last of the Venetian days, March 22nd 1848. So many streets in Veneto commemorate it now. Perhaps many more streets, no doubt, will remember it once independence will be regained.

This book by Alessio Morosin connects history and law, civic passion with ideals, concrete, spectacular and constant militancy (consistency is the key to any victory in group battles, in individual ones…) blends vision with courage. He claims, with historical and legal arguments, the righteousness of independence, a righteousness that is self-evident, for that matter, but, in the presence of forced opposing arguments, constantly needs argued and polished defenses.

150 years of Savoy occupation are not few, in absolute terms, but they certainly are in comparison to the 1100 years of freedom.

The material vestiges of that freedom are before all, they are scattered in the form of Venetian Villas in the countryside, are concentrated in the form of works of art and architecture in the cities, they are embedded in the feelings of a people, who are often afraid to declare themselves as such (people), only for the natural fear that takes us before that of which is Great, and of which we often deny the existence, precisely for the fear of being overwhelmed. In the end its much more comfortable to declare itself Italian, a nation that does not exist.No need to carry the weight of the past and no need to make comparisons with Loredan or Venier. Not fearing to feel too small, in front of the Greats. But many times the Greats are to call us to our moral responsibility, especially when everywhere the manufacturing base, and well before it, the moral fabric, collapses. The Venetians have to find the courage to be what they were, and be potentially who they are. Because History asks them again.

*Professor of History at the Department of Law Economics and Culture at the University of Insubria in Como.

Presentation

Why this essay on the right to self-determination of the people?

Because the topic has always attracted me to the undoubtedly strong proposition of the theme and practical relevance that this right has in the lives of People as in that of Communities.

Indeed, it is a right that is one of the Fundamental Human Rights.

The theme is not easy and has many pitfalls, both in content and representation.

As I understand it however, it must be explored with the knowledge that there are no absolute truths, nor truths to reveal.

We will together, of course, discover many historical, philosophical and legal truths and encounter a lot of thinking, which I find broadly and fairly shared by all people free,

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