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Post Communist Restitution And The Rule Of Law
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Book Synopsis Post-communist Restitution and the Rule of Law by : Csongor Kuti
Download or read book Post-communist Restitution and the Rule of Law written by Csongor Kuti and published by Central European University Press. This book was released on 2009-01-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eastern European societies underwent large-scale deprivations of property by the authoritarian regimes, beginning after World War II, largely ending with the last waves of the kolkhoz movement in the early 1960s. Kuti examines property reparations that took place after 1989, from the perspective of constitutional justice, the rule of law, but also from the point of view of identity politics. A controversial and at times contentious issue is tackled here, effecting people's lives and material situations drastically whilst touching upon the raw nerves of history. Kuti compares property restitution schemes in the Baltic States, Poland, Germany, Czech Republic, Slovakia, Hungary and Romania. Argues that the aims of compensation and reparation were coupled with goals of structural reform. Provides an international perspective, through extensive reference to the jurisprudence of the European Court of Human Rights, as well as to some other jurisdictions confronted with indigenous peoples' claims. The inquiry concludes that the ideals of rule of law and justice cannot lead to consistent solutions in this problem, and the presence of an imperfect theorization is demonstrated.
Book Synopsis Rethinking the Rule of Law After Communism by : Adam Czarnota
Download or read book Rethinking the Rule of Law After Communism written by Adam Czarnota and published by Central European University Press. This book was released on 2005-01-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is concerned to assess, and to draw some of the implications of, the legal developments of these last dozen or so years, specifically as they speak to issues of constitutionalism, dealing with the past, and the rule of law."--Introduction.
Book Synopsis The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe by : Liviu Damşa
Download or read book The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe written by Liviu Damşa and published by Springer. This book was released on 2017-01-03 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.
Book Synopsis Post-Communist Transitional Justice by : Lavinia Stan
Download or read book Post-Communist Transitional Justice written by Lavinia Stan and published by Cambridge University Press. This book was released on 2015-02-26 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking stock of the twenty-fifth anniversary of the collapse of the communist regimes of Central and Eastern Europe, this volume explores how these societies have grappled with the serious human rights violations of past regimes. It focuses on the most important factors that have shaped the nature, speed, and sequence of transitional justice programs in the period spanning the revolutions that brought about the collapse of the communist dictatorships and the consolidation of new democratic regimes. Contributors explain why leaders made certain choices, discuss the challenges they faced, and explore the role of under-studied actors and grassroots strategies. Written by recognized experts with an unparalleled grasp of the region's communist and post-communist reality, this volume addresses far-reaching reckoning, redress, and retribution policy choices. It is an engaging, carefully crafted volume, which covers a wide variety of cases and discusses key transitional justice theories using both qualitative and quantitative research methods.
Book Synopsis Transitional Justice in Post-Communist Romania by : Lavinia Stan
Download or read book Transitional Justice in Post-Communist Romania written by Lavinia Stan and published by Cambridge University Press. This book was released on 2012-12-17 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: A close examination of an understudied European Union member state such as Romania reveals that, since 1989, post-Communist state and non-state actors have adopted a wide range of methods, processes and practices of working through the Communist past. Both the timing and the sequencing of these transitional justice methods prove to be significant in determining the efficacy of addressing and redressing the crimes of 1945 to 1989. In addition, there is evidence that some of these methods have directly facilitated the democratization process, while the absence of other methods has undermined the rule of law. This is the first volume to overview the complex Romanian transitional justice effort by accessing secret archives and investigating court trials of former Communist perpetrators, lustration, compensation and rehabilitation, property restitution, the truth commission, the rewriting of history books, and unofficial truth projects.
Book Synopsis Importing the Law in Post-Communist Transitions by : Catherine Dupré
Download or read book Importing the Law in Post-Communist Transitions written by Catherine Dupré and published by Hart Publishing. This book was released on 2003-03-14 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe.
Book Synopsis Central and East European Politics by : Sharon L. Wolchik
Download or read book Central and East European Politics written by Sharon L. Wolchik and published by Rowman & Littlefield. This book was released on 2018-03-29 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a fully updated edition, this essential text explores the other half of Europe—the new and future members of the European Union along with the problems and potential they bring to the region and to the world stage. Clear and comprehensive, it offers an authoritative and up-to-date analysis of the transformations and realities in Central and Eastern Europe, the Baltics, and Ukraine. Divided into two parts, the book presents a set of comparative country case studies as well as thematic chapters on key issues, including EU and NATO expansion, the economic transition and its social ramifications, the role of women, persistent problems of ethnicity and nationalism, and political reform. Leading scholars provide the historical context for the current situation of each country in the region. They explain how communism ended and how democratic politics has emerged or is struggling to emerge in its wake, how individual countries have transformed their economies, how their populations have been affected by rapid and wrenching change, and how foreign policy making has evolved. New to this edition are chapters on social issues and transitional justice. For students and specialists alike, this book will be an invaluable resource on the newly democratizing states of Europe.
Book Synopsis Central and East European Politics by : Zsuzsa Csergo
Download or read book Central and East European Politics written by Zsuzsa Csergo and published by Rowman & Littlefield. This book was released on 2021-06-22 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a fully revised and updated edition, this essential text provides a comprehensive introduction to Central and Eastern Europe, including the Baltics and Ukraine. Broad but nuanced, it offers a reader-friendly overview of the globally and regionally significant changes and challenges the region faces. Divided into two parts, the book first presents thematic chapters on key issues, including nationalism and challenges to democratic institutions and practices, the contentious politics of memory, debates over demography and migration in a region with a shrinking population, and Russian efforts to retain regional influence through hard and soft power. The case-study chapters that follow highlight key political developments after communism as well as providing a strong foundation for readers on regional history and the political and economic experiences of the communist years. Each covers the foundational topics of political history, political competition, economic development, social problems, relationships with European institutions, and threats to good governance. For students and specialists alike, this book will be an invaluable resource on this dynamic region of Europe.
Book Synopsis Histories (Un)Spoken by : Cosmin Budeanca
Download or read book Histories (Un)Spoken written by Cosmin Budeanca and published by LIT Verlag Münster. This book was released on 2018-03 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains analyses and case studies regarding the former political prisoners' and their families' fates impacted by the Communist dictatorships in Central and Eastern Europe (Romania, Poland, Lithuania, Republic of Moldova, Albania). The focus of research is extended from the individuals to the social context in which they functioned, as they were actors in flawed systems which were ready to harshly limit not only their actions but also of those closest to them. The case studies trace disruptions and distortions of broken lives along with strategies to reclaim and restore an apparent 'normalcy'. Cosmin Budeanca, PhD., is expert at The Institute for the Investigation of Communist Crimes and the Memory of the Romanian Exile. Dalia Bathory, PhD., is expert at The Institute for the Investigation of Communist Crimes and the Memory of the Romanian Exile.
Book Synopsis Rethinking the Rule of Law after Communism by : Adam Czarnota
Download or read book Rethinking the Rule of Law after Communism written by Adam Czarnota and published by Central European University Press. This book was released on 2005-09-10 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.
Author :Human Rights Watch, Helsinki Staff Publisher :Human Rights Watch ISBN 13 :9781564321602 Total Pages :202 pages Book Rating :4.3/5 (216 download)
Book Synopsis Human Rights in Post-communist Albania by : Human Rights Watch, Helsinki Staff
Download or read book Human Rights in Post-communist Albania written by Human Rights Watch, Helsinki Staff and published by Human Rights Watch. This book was released on 1996 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Free and fair election
Download or read book Legal Symbolism written by Jiří Přibáň and published by Routledge. This book was released on 2016-04-22 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jirí Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.
Book Synopsis Transitional Justice in Post-Communist Romania by : Lavinia Stan
Download or read book Transitional Justice in Post-Communist Romania written by Lavinia Stan and published by Cambridge University Press. This book was released on 2013 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume to overview the complex Romanian transitional justice effort, detail the political negotiations that have led to the adoption and implementation of relevant legislation, and assess these processes in terms of their timing, sequencing, and impact on democratization.
Book Synopsis The Rule of Law After Communism by : Martin Krygier
Download or read book The Rule of Law After Communism written by Martin Krygier and published by Routledge. This book was released on 2016-11-10 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the first to consider post-communist Europe from the point of view of the rule of law, this book collects articles written by specialists on the rule of law in particular countries. Interdisciplinary in approach, this book reveals the complexity of the development of the rule of law after communism.
Book Synopsis Transitional Justice by : Ruti G. Teitel
Download or read book Transitional Justice written by Ruti G. Teitel and published by Oxford University Press. This book was released on 2002-03-28 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.
Book Synopsis Remedies in International Human Rights Law by : Dinah Shelton
Download or read book Remedies in International Human Rights Law written by Dinah Shelton and published by Oxford University Press. This book was released on 2015-10-22 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fully revised and updated Third Edition of Remedies in International Human Rights Law provides a comprehensive analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating and litigating issues of redress for victims. The Third Edition incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analysed in context and create a comprehensive and accessible portrait of the state of remedial human rights law today.
Book Synopsis The Hidden Histories of War Crimes Trials by : Kevin Heller
Download or read book The Hidden Histories of War Crimes Trials written by Kevin Heller and published by OUP Oxford. This book was released on 2013-10-31 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Several instances of war crimes trials are familiar to all scholars, but in order to advance understanding of the development of international criminal law, it is important to provide a full range of evidence from less-familiar trials. This book therefore provides an essential resource for a more comprehensive overview, uncovering and exploring some of the lesser-known war crimes trials that have taken place in a variety of contexts: international and domestic, northern and southern, historic and contemporary. It analyses these trials with a view to recognising institutional innovations, clarifying doctrinal debates, and identifying their general relevance to contemporary international criminal law. At the same time, the book recognises international criminal law's history of suppression or sublimation: What stories has the discipline refused to tell? What stories have been displaced by the ones it has told? Has international criminal law's framing or telling of these stories excluded other possibilities? And - perhaps most important of all - how can recovering the lost stories and imagining new narrative forms reconfigure the discipline? Many of the trials examined in this book have hardly ever before been discussed; others have been examined only in the most cursory manner. Indeed, until now, no volume has been dedicated to telling the story of these trials, that have yet to find a place in the international criminal law canon. Providing a detailed analysis of these trials, which took place in Europe, Africa, South America, and Australasia, in both historical and contemporary contexts, this book is essential reading for anyone concerned with the development of international criminal law.
