Current Issues In Transitional Justice
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Current Issues In Transitional Justice
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Author : Natalia Szablewska
language : en
Publisher: Springer
Release Date : 2014-10-27
Current Issues In Transitional Justice written by Natalia Szablewska and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-27 with Psychology categories.
This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups different aspects of the problems and issues facing transitional justice as a field, and its processes and mechanisms more specifically. Part I concentrates on the traditional means and methods of dealing with past gross abuses of power and political violence. In this section, the authors also expand and often challenge the ways that these processes and mechanisms are conceptualised and introduced. Part II provides a forum for the contributors to share their first hand experiences of how traditional and customary mechanisms of achieving justice can be effectively utilised. Part III includes a collection of essays which challenges existing transitional justice models and provides new lenses to examine the formal and traditional processes and mechanisms. It aims to expose insufficiencies and some of the inherent practical and jurisprudential problems facing the field. Finally, Part IV, looks to the future by examining what remedies can be available today for abuses of rights of the future generations and those who have no standing to claim their rights, such as the environment.
Transformative Transitional Justice And The Malleability Of Post Conflict States
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Author : Padraig McAuliffe
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-03-31
Transformative Transitional Justice And The Malleability Of Post Conflict States written by Padraig McAuliffe and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-31 with categories.
Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice’s prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states.
Assessing The Impact Of Transitional Justice
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Author : Hugo Van der Merwe
language : en
Publisher: US Institute of Peace Press
Release Date : 2009
Assessing The Impact Of Transitional Justice written by Hugo Van der Merwe and has been published by US Institute of Peace Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
In Assessing the Impact of Transitional Justice, fourteen leading researchers study seventy countries that have suffered from autocratic rule, genocide, and protracted internal conflict.
Understanding Transitional Justice
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Author : Giada Girelli
language : en
Publisher: Springer
Release Date : 2017-07-03
Understanding Transitional Justice written by Giada Girelli and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-03 with Political Science categories.
The book is an accurate and accessible introduction to the complex and dynamic field of transitional and post-conflict justice, providing an overview of its recurring concepts and debated issues. Particular attention is reserved to how these concepts and issues have been addressed, both theoretically and literally, by lawyers, policy-makers, international bodies, and other actors informing the practice. By presenting significant, if undeniably disputable, alternatives to mainstream theories and past methods of addressing past injustice and (re)building a democratic state, the work aims to illustrate some foundational themes of transitional justice that have emerged from a diverse set of discussions. The author’s position thus arrives from a careful analysis of the advantages and disadvantages of answers to the question: how, after a traumatic social experience, is justice restored?
Law In Transition
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Author : Ruth Buchanan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Law In Transition written by Ruth Buchanan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better – the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School
Globalizing Transitional Justice
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Author : Ruti G. Teitel
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Globalizing Transitional Justice written by Ruti G. Teitel and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book 'Transitional Justice' published back in 2000.
The Era Of Transitional Justice
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Author : Paul Gready
language : en
Publisher: Routledge
Release Date : 2010-10-18
The Era Of Transitional Justice written by Paul Gready and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-18 with Law categories.
First Published in 2011. Routledge is an imprint of Taylor & Francis, an informa company.
Handbook Of Research On Transitional Justice And Peace Building In Turbulent Regions
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Author : Cante, Fredy
language : en
Publisher: IGI Global
Release Date : 2015-12-17
Handbook Of Research On Transitional Justice And Peace Building In Turbulent Regions written by Cante, Fredy and has been published by IGI Global this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-17 with Political Science categories.
In the era of globalization, awareness surrounding issues of violence and human rights violations has reached an all-time high. In a world where billions of human beings have the potential to create endless destruction, these same individuals are capable of working cooperatively to create adequate solutions to current global problems. The Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions focuses on current issues facing nations and regions where poverty and conflict are endangering the lives of citizens as well as the socio-economic viability of those regions. Highlighting crucial topics and offering potential solutions to problems relating to domestic and international conflict, societal safety and security, as well as political instability, this comprehensive publication is designed to meet the research needs of economists, social theorists, politicians, policy makers, human rights activists, researchers, and graduate-level students across disciplines.
Transitional Justice And The Arab Spring
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Author : Kirsten J. Fisher
language : en
Publisher: Routledge
Release Date : 2015-03-24
Transitional Justice And The Arab Spring written by Kirsten J. Fisher and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-24 with Law categories.
This book presents a varied and critical picture of how the Arab Spring demands a re-examination and re-conceptualization of issues of transitional justice. It demonstrates how unique features of this wave of revolutions and popular protests that have swept the Arab world since December 2010 give rise to distinctive concerns and problems relative to transitional justice. The contributors explore how these issues in turn add fresh perspective and nuance to the field more generally. In so doing, it explores fundamental questions of social justice, reconstruction and healing in the context of the Arab Spring. Including the perspectives of academics and practitioners, Transitional Justice and the Arab Spring will be of considerable interest to those working on the politics of the Middle East, normative political theory, transitional justice, international law, international relations and human rights.
Transitional Justice And A State S Response To Mass Atrocity
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Author : Jacopo Roberti di Sarsina
language : en
Publisher: Springer
Release Date : 2019-03-26
Transitional Justice And A State S Response To Mass Atrocity written by Jacopo Roberti di Sarsina and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-26 with Law categories.
This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.