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Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081090
Total Pages : 460 pages
Book Rating : 4.2/5 (93 download)
Download or read book Law in Peace Negotiations written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-07-23 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jacopo Roberti di Sarsina
Publisher : Springer
ISBN 13 : 9462652767
Total Pages : 283 pages
Book Rating : 4.4/5 (626 download)
Download or read book Transitional Justice and a State’s Response to Mass Atrocity written by Jacopo Roberti di Sarsina and published by Springer. This book was released on 2019-03-26 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Mark A. Drumbl
Publisher : Cambridge University Press
ISBN 13 : 1139464566
Total Pages : 211 pages
Book Rating : 4.1/5 (394 download)
Download or read book Atrocity, Punishment, and International Law written by Mark A. Drumbl and published by Cambridge University Press. This book was released on 2007-04-30 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.
Author : Kai Ambos
Publisher : Springer Science & Business Media
ISBN 13 : 3540857540
Total Pages : 566 pages
Book Rating : 4.5/5 (48 download)
Download or read book Building a Future on Peace and Justice written by Kai Ambos and published by Springer Science & Business Media. This book was released on 2008-12-04 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.
Author : Martha Minow
Publisher : Princeton University Press
ISBN 13 : 1400825385
Total Pages : 313 pages
Book Rating : 4.4/5 (8 download)
Download or read book Breaking the Cycles of Hatred written by Martha Minow and published by Princeton University Press. This book was released on 2009-01-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure? Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization. A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.
Author : Ezequiel A. Gonzalez-Ocantos
Publisher : Cambridge University Press
ISBN 13 : 9781108799089
Total Pages : 75 pages
Book Rating : 4.7/5 (99 download)
Download or read book The Politics of Transitional Justice in Latin America written by Ezequiel A. Gonzalez-Ocantos and published by Cambridge University Press. This book was released on 2020-02-06 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has Latin America pioneered the field of transitional justice (TJ)? Do approaches vary across the region? This Element describes Latin American innovations in trials and truth commissions, and evaluates two influential models that explain variation in TJ outcomes: the Huntingtonian and Justice Cascade approaches. It argues that scholars should complement these approaches with one that recognizes the importance of state capacity building and institutional change. To translate domestic/international political pressure and human rights norms into outcomes, states must develop 'TJ capabilities'. Not only should states be willing to pursue these highly complex policies, they must also develop competent bureaucracies.
Author : Boaventura de Sousa Santos
Publisher : Cambridge University Press
ISBN 13 : 9781139446143
Total Pages : 424 pages
Book Rating : 4.4/5 (461 download)
Download or read book Law and Globalization from Below written by Boaventura de Sousa Santos and published by Cambridge University Press. This book was released on 2005-09-08 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.
Author : Jon Elster
Publisher : Cambridge University Press
ISBN 13 : 9780521548540
Total Pages : 316 pages
Book Rating : 4.5/5 (485 download)
Download or read book Closing the Books written by Jon Elster and published by Cambridge University Press. This book was released on 2004-09-06 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.
Author : Anita Ferrara
Publisher : Routledge
ISBN 13 : 1317804651
Total Pages : 290 pages
Book Rating : 4.3/5 (178 download)
Download or read book Assessing the Long-Term Impact of Truth Commissions written by Anita Ferrara and published by Routledge. This book was released on 2014-09-19 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1990, after the end of the Pinochet regime, the newly-elected democratic government of Chile established a Truth and Reconciliation Commission (TRC) to investigate and report on some of the worst human rights violations committed under the seventeen-year military dictatorship. The Chilean TRC was one of the first truth commissions established in the world. This book examines whether and how the work of the Chilean TRC contributed to the transition to democracy in Chile and to subsequent developments in accountability and transformation in that country. The book takes a long term view on the Chilean TRC asking to what extent and how the truth commission contributed to the development of the transitional justice measures that ensued, and how the relationship with those subsequent developments was established over time.It argues that, contrary to the views and expectations of those who considered that the Chilean TRC was of limited success, that the Chilean TRC has, in fact, over the longer term, played a key role as an enabler of justice and a means by which ethical and institutional transformation has occurred within Chile. With the benefit of this historical perspective, the book concludes that the impact of truth commissions in general needs to be carefully reviewed in light of the Chilean experience. This book will be of great interest and use to students and scholars of conflict resolution, criminal international law, and comparative legal systems in Latin America.
Author : Anna De Fina
Publisher : John Benjamins Publishing
ISBN 13 : 902729612X
Total Pages : 268 pages
Book Rating : 4.0/5 (272 download)
Download or read book Identity in Narrative written by Anna De Fina and published by John Benjamins Publishing. This book was released on 2003-10-27 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents both an analysis of how identities are built, represented and negotiated in narrative, as well as a theoretical reflection on the links between narrative discourse and identity construction. The data for the book are Mexican immigrants' personal experience narratives and chronicles of their border crossings into the United States. Embracing a view of identity as a construct firmly grounded in discourse and interaction, the author examines and illustrates the multiple threads that connect the local expression and negotiation of identity to the wider social contexts that frame the experience of migration, from material conditions of life in the United States to mainstream discourses about race and color. The analysis reveals how identities emerge in discourse through the interplay of different levels of expression, from implicit adherence to narrative styles and ways of telling, to explicit negotiation of membership categories.
Author : Mark Gibney
Publisher : University of Pennsylvania Press
ISBN 13 : 9780812240337
Total Pages : 356 pages
Book Rating : 4.2/5 (43 download)
Download or read book The Age of Apology written by Mark Gibney and published by University of Pennsylvania Press. This book was released on 2008 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Age of Apology twenty-two law, politics, and human rights scholars explore the legal, political, social, historical, moral, religious, and anthropological aspects of Western apologies.
Author : United States. Bureau of Labor Statistics
Publisher :
ISBN 13 :
Total Pages : 126 pages
Book Rating : 4.:/5 (319 download)
Download or read book Employment in Metropolitan Areas written by United States. Bureau of Labor Statistics and published by . This book was released on 1947 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Fabio Andres Diaz Pabon
Publisher : Routledge
ISBN 13 : 1351373684
Total Pages : 276 pages
Book Rating : 4.3/5 (513 download)
Download or read book Truth, Justice and Reconciliation in Colombia written by Fabio Andres Diaz Pabon and published by Routledge. This book was released on 2018-05-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The signing of the peace agreements between the FARC-EP and the Colombian Government in late November 2016 has generated new prospects for peace in Colombia, opening the possibility of redressing the harm inflicted on Colombians by Colombians. Talking about peace and transitional justice requires us to think about how to operationalize peace agreements to promote justice and coexistence for peace. This volume brings together reflections by Colombian academics and practitioners alongside pieces provided by researchers and practitioners in other countries where transitional justice initiatives have taken place (Bosnia and Herzegovina, South Africa, Sri Lanka and Peru). This volume has been written in the south, by the south, for the south. The book engages with the challenges ahead for the coming generations of Colombians. Rivers of ink have dealt with the end goals of transitional justice, but victims require us to take the quest for human rights beyond the normative realm of theorizing justice and into the practical realm of engaging how to implement justice initiatives. The tension between theory—the legislative frameworks guaranteeing human rights—and practice—the realization of these ideas—will frame Colombia’s success (or failure) in consolidating the implementation of the peace agreements with the FARC-EP.
Author : Raymond J. Michalowski
Publisher :
ISBN 13 :
Total Pages : 452 pages
Book Rating : 4.4/5 (91 download)
Download or read book Order, Law, and Crime written by Raymond J. Michalowski and published by . This book was released on 1985 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kerry Whigham
Publisher : Rutgers University Press
ISBN 13 : 1978825579
Total Pages : 269 pages
Book Rating : 4.9/5 (788 download)
Download or read book Resonant Violence written by Kerry Whigham and published by Rutgers University Press. This book was released on 2022-02-11 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Holocaust in Europe to the military dictatorships of Latin America to the enduring violence of settler colonialism around the world, genocide has been a defining experience of far too many societies. In many cases, the damaging legacies of genocide lead to continued violence and social divisions for decades. In others, however, creative responses to this identity-based violence emerge from the grassroots, contributing to widespread social and political transformation. Resonant Violence explores both the enduring impacts of genocidal violence and the varied ways in which states and grassroots collectives respond to and transform this violence through memory practices and grassroots activism. By calling upon lessons from Germany, Poland, Argentina, and the Indigenous United States, Resonant Violence demonstrates how ordinary individuals come together to engage with a violent past to pave the way for a less violent future.
Author : Ruth Rubio-Marín
Publisher : SSRC
ISBN 13 : 0979077206
Total Pages : 350 pages
Book Rating : 4.9/5 (79 download)
Download or read book What Happened to the Women? written by Ruth Rubio-Marín and published by SSRC. This book was released on 2006 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens to women whose lives are affected by human rights violations? What happens to their testimony in court or in front of a truth commission? Women face a double marginalization under authoritarian regimes and during and after violent conflicts. Yet reparations programs are rarely designed to address the needs of women victims. What Happened to the Women? Gender and Reparations for Human Rights Violations emphasizes the necessity of a gender dimension in reparations programs to improve their handling of female victims and their families. A joint project of the International Center for Transitional Justice and Canada's International Development Research Centre, What Happened to the Women? includes studies of gender and reparations policies in Guatemala, Peru, Rwanda, Sierra Leone, South Africa, and Timor-Leste. Contributors represent a wide range of fields related to transitional justice and include international human rights lawyers, members of truth and reconciliation commissions, and NGO representatives.
Author : Kathryn Sikkink
Publisher : W. W. Norton & Company
ISBN 13 : 0393079937
Total Pages : 353 pages
Book Rating : 4.3/5 (93 download)
Download or read book The Justice Cascade written by Kathryn Sikkink and published by W. W. Norton & Company. This book was released on 2011-08-23 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past three decades, hundreds of government officials have gone from being immune to any accountability for their human rights violations to being the subjects of highly publicized trials in Latin America, Europe, and Africa, resulting in enormous media attention and severe consequences. Here, renowned scholar Kathryn Sikkink brings to light the groundbreaking emergence of these human rights trials as a modern political tool, one that is changing the face of global politics as we know it. Drawing on personal experience and extensive research, Sikkink explores the building of this movement toward justice, from its roots in Nuremberg to the watershed trials in Greece and Argentina. She shows how the foundations for the stunning, public indictments of Slobodan Milošević and Augusto Pinochet were laid by the long, tireless activism of civilians, many of whose own families had been destroyed, and whose fight for justice sometimes came at the risk of their own lives and careers. She also illustrates what effect the justice cascade has had on democracy, conflict, and repression, and what it means for leaders and citizens everywhere, including the policymakers behind our own "war on terror."--From publisher description.
