Transitional Justice And Rule Of Law Reconstruction

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Transitional Justice And Rule Of Law Reconstruction
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Author : Padraig McAuliffe
language : en
Publisher: Routledge
Release Date : 2013-06-26
Transitional Justice And Rule Of Law Reconstruction written by Padraig McAuliffe and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-26 with Law categories.
This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.
The Cambridge Companion To International Criminal Law
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Author : William Schabas
language : en
Publisher: Cambridge University Press
Release Date : 2016-01-07
The Cambridge Companion To International Criminal Law written by William Schabas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-07 with Law categories.
An authoritative introduction to international criminal law written by renowned international lawyers, judges, prosecutors, criminologists and historians.
Transitional Justice
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Author : Alexander Laban Hinton
language : en
Publisher: Rutgers University Press
Release Date : 2011
Transitional Justice written by Alexander Laban Hinton and has been published by Rutgers University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
"The origins of this project date back to a 2007 symposium, 'Local justice : global mechanisms and local meanings in the aftermath of mass atrocity, ' held at Rutgers University--Newark [N.J.] ... Several participants later presented papers in a session at the July 2007 meeting of the International Association of Genocide Scholars, which was held in Bosnia and Herzegovina."--Acknowledgments.
Research Handbook On Transitional Justice
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Author : Cheryl Lawther
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14
Research Handbook On Transitional Justice written by Cheryl Lawther 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 2023-08-14 with Law categories.
Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.
Rule Of Law Reform And Development
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Author : M. J. Trebilcock
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
Rule Of Law Reform And Development written by M. J. Trebilcock 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 2009-01-01 with Law categories.
Rule of Law Reform and Development stands out as an important contribution. Michael Trebilcock and Ronald Daniels have produced an ambitious, comprehensive, and persuasive book that will be of interest to both rule of law practitioners and academics. . . the book s overall strengths as a near-encyclopaedic appraisal of law and development will ensure its standing as a key resource for this still rapidly evolving field. Irina Ceric, Canadian Journal of Law and Society This book offers a sophisticated yet pragmatic account of the proper purposes of rule of law reform, the obstacles to achieving it, and the role that the international community can play. The procedural conception of the rule of law offers an appealing alternative to both one-size-fits-all universalism on the one hand and unconstrained relativism on the other. Kevin Davis, New York University School of Law, US This is the book that I have been waiting for. Even though rule of law has become the new mantra in development, its meaning remains elusive and its operational content unclear. This book helps us think systematically about it. Grounded in a procedural conceptualization of the rule of law, and supported by detailed case studies, Trebilcock and Daniels analysis lays out a theoretically sophisticated, yet practical agenda for making progress with rule-of-law reforms. Dani Rodrik, Harvard University, US This is a book on the role of legal institutions in economic development that is rich in institutional analysis and nuanced in terms of sensitivity to social, historical and political-economy issues that arise in the implementation of the rule of law. I particularly value its major focus on the need for balance between independence and accountability that afflict any rule of law reform: a balance which is missing in more one-sided accounts in the literature. I believe the book will be widely read and appreciated. Pranab Bardhan, University of California, Berkeley, US Within the law and development literature it is the most knowledgeable and comprehensive book on legal reform. I think that it will find a grateful readership among people working in development agencies, in humanitarian organizations and among scholars and students of development studies. Hans-Bernd Schäfer, University of Hamburg, Germany By identifying the key politico-economic reasons why rule-of-law reforms in developing countries have faltered and drawing out the implications for future strategy, this book is of immense importance and should be widely read. Anthony Ogus, CBE, FBA, University of Manchester, UK This important book addresses a number of key issues regarding the relationship between the rule of law and development. It presents a deep and insightful inquiry into the current orthodoxy that the rule of law is the panacea for the world s problems. The authors chart the precarious progress of law reforms both in overall terms and in specific policy areas such as the judiciary, the police, tax administration and access to justice, among others. They accept that the rule of law is necessarily tied to the success of development, although they propose a set of procedural values to enlighten this institutional approach. The authors also recognize that states face difficulties in implementing this institutional structures and identify the probable impediments, before proposing a rethink of law reform strategies and offering some conclusions about the role of the international community in the rule of law reform. Reviewing the progress in the rule of law reform in developing countries, specifically four regions Latin America, Africa, Central and Eastern Europe, and Asia this book makes a significant contribution to the literature. It will be of great interest to scholars and advanced students, as well as practitioners in the field, including international and bilateral aid agencies working on rule of law reform projects, and international and regional non-governmental organiza
Transitional Justice In The Twenty First Century
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Author : Naomi Roht-Arriaza
language : en
Publisher: Cambridge University Press
Release Date : 2006-09-14
Transitional Justice In The Twenty First Century written by Naomi Roht-Arriaza and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-14 with Social Science categories.
Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.
From Transitional To Transformative Justice
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Author : Paul Gready
language : en
Publisher: Cambridge University Press
Release Date : 2019-02-21
From Transitional To Transformative Justice written by Paul Gready and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-21 with Law categories.
Builds on micro-level critiques of transitional justice to debate a more comprehensive alternative at the level of theory and practice.
Security Governance In Post Conflict Peacebuilding
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Author : Alan Bryden
language : en
Publisher: LIT Verlag Münster
Release Date : 2005
Security Governance In Post Conflict Peacebuilding written by Alan Bryden and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Political Science categories.
Post-conflict peacebuilding has become a primary concern of international politics. Indeed, the UN reform agenda, including the creation of a peacebuilding commission, makes clear that more must be done to prevent societies from falling back into violent struggle. Building up domestic capacity to provide security in an accountable manner plays a crucial role in this context. Applying a security governance perspective, this volume examines a number of key issues that must be addressed by both post-conflict societies and the international community as they confront the task of rebuilding after armed conflict. This includes security sector reform (SSR), disarmament, demobilization and reintegration (DDR), rule of law and transitional justice. Alan Bryden is deputy head of research at the Geneva Centre for the Democratic Control of Armed Forces (Switzerland). Heiner Hnggi is assistant director and head of research at the Geneva Centre for the Democratic Control of Armed Forces.
Between Peace And Conflict In The East And The West
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Author : Anja Mihr
language : en
Publisher: Springer Nature
Release Date : 2021-08-05
Between Peace And Conflict In The East And The West written by Anja Mihr and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-05 with Social Science categories.
This open access book features various studies on democratization, transformation, socio-economic development, and security issues in the Organization for Security and Cooperation in Europe (OSCE) geographical region and beyond. Written by experts and scholars working in the field of human dimension, security, transformation and development in Europe and Asia, particularly in post-soviet and communist countries, it examines the connectivity that the OSCE provides between the East and the West. The 2021 edition of this Compilation Series of the OSCE Academy presents studies on peace and conflict as well as political regime development in various member states of the OSCE as well as their economic, security and human rights performance and the challenges countries and society face currently. The OSCE is working in promoting Human Rights and Democratization under the notion of Human Dimension of ODIHR and is enhancing securitization and development policies in Eurasia, Europe, Central Asia and North America since 1991. 2021 marks the 30th anniversary on the tremendous efforts in promoting democracy, security and development. This compilation reviews some of these efforts in light of this anniversary, the achievements and shortcomings.
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?