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The Transformation Of Property Regimes And Transitional Justice In Central Eastern Europe
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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 Law, Populism, and the Political in Central and Eastern Europe by : Rafał Mańko
Download or read book Law, Populism, and the Political in Central and Eastern Europe written by Rafał Mańko and published by Taylor & Francis. This book was released on 2023-12-05 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.
Download or read book Justice Framed written by Marcos Zunino and published by Cambridge University Press. This book was released on 2019-03-14 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are certain responses to past human rights violations considered instances of transitional justice while others are disregarded? This study interrogates the history of the discourse and practice of the field to answer that question. Zunino argues that a number of characteristics inherited as transitional justice emerged as a discourse in the 1980s and 1990s have shaped which practices of the present and the past are now regarded as valid responses to past human rights violations. He traces these influential characteristics from Argentina's transition to democracy in 1983, the end of communism in Eastern Europe, the development of international criminal justice, and the South African truth commission of 1995. Through an analysis of the post-World War II period, the decolonisation process and the Cold War, Zunino identifies a series of episodes and mechanisms omitted from the history of transitional justice because they did not conform to its accepted characteristics.
Book Synopsis Populating No Man’s Land by : János Matyas Kovács
Download or read book Populating No Man’s Land written by János Matyas Kovács and published by Rowman & Littlefield. This book was released on 2018-09-15 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on the concepts of ownership under communism. It traces the evolution of economic ideas of property reform leading from the doctrine of blanket nationalization to projects of moderate privatization in eight countries of Eastern Europe and China on the eve of the 1989 revolutions.
Book Synopsis Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe by : Vladimíra Dvořáková
Download or read book Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe written by Vladimíra Dvořáková and published by CPI/PSRC. This book was released on 2007 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Research Handbook on Foreign Direct Investment by : Markus Krajewski
Download or read book Research Handbook on Foreign Direct Investment written by Markus Krajewski and published by Edward Elgar Publishing. This book was released on 2019 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.
Book Synopsis Movement of the People by : Mary N. Taylor
Download or read book Movement of the People written by Mary N. Taylor and published by Indiana University Press. This book was released on 2021-08-31 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1990, thousands of Hungarians have vacationed at summer camps devoted to Hungarian folk dance in the Transylvanian villages of neighboring Romania. This folk tourism and connected everyday practices of folk dance revival take place against the backdrop of an increasingly nationalist political environment in Hungary. In Movement of the People, Mary N. Taylor takes readers inside the folk revival movement known as dancehouse (táncház) that sustains myriad events where folk dance is central and championed by international enthusiasts and UNESCO. Contextualizing táncház in a deeper history of populism and nationalism, Taylor examines the movement's emergence in 1970s socialist institutions, its transformation through the postsocialist period, and its recent recognition by UNESCO as a best practice of heritage preservation. Approaching the populist and popular practices of folk revival as a form of national cultivation, Movement of the People interrogates the everyday practices, relationships, institutional contexts, and ideologies that contribute to the making of Hungary's future, as well as its past.
Book Synopsis Transition? To Rule of Law? by : Csaba Varga
Download or read book Transition? To Rule of Law? written by Csaba Varga and published by . This book was released on 2008 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Communists and Their Victims by : Roman David
Download or read book Communists and Their Victims written by Roman David and published by University of Pennsylvania Press. This book was released on 2018-03-14 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Communists and Their Victims, Roman David identifies and examines four classes of justice measures—retributive, reparatory, revelatory, and reconciliatory—to discover which, if any, rectified the legacy of human rights abuses committed during the communist era in the Czech Republic. Conducting interviews, focus groups, and nationwide surveys between 1999 and 2015, David looks at the impact of financial compensation and truth-sharing on victims' healing and examines the role of retribution in the behavior and attitudes of communists and their families. Emphasizing the narratives of former political prisoners, secret collaborators, and former Communist Party members, David tests the potential of justice measures to contribute to a shared sense of justice and their ability to overcome the class structure and ideological divides of a formerly communist regime. Complementing his original research with analysis of legal judgments, governmental reports, and historical records, David finds that some justice measures were effective in overcoming material and ideological divides while others obstructed victims' healing and inhibited the transformation of communists. Identifying "justice without reconciliation" as the primary factor hampering the process of overcoming the past in the Czech Republic, Communists and Their Victims promotes a transformative theory of justice that demonstrates that justice measures, in order to be successful, require a degree of reconciliation.
Book Synopsis The European Court of Human Rights in the Post-Cold War Era by : James A. Sweeney
Download or read book The European Court of Human Rights in the Post-Cold War Era written by James A. Sweeney and published by Routledge. This book was released on 2013-01-17 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights in the Post-Cold War Era: Universality in Transition examines transitional justice from the perspective of its impact on the universality of human rights, taking the jurisprudence of the European Court of Human Rights as its detailed case study. The problem is twofold: there are questions about differences in human rights standards between transitional and non-transitional situations, and about differences between transitions. The European Court has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of Central and Eastern Europe flocked to the Convention system. The voluminous jurisprudence of the European Court of Human Rights can now give us some clear information about how an international human rights law regime can interact with transitional justice. The jurisprudence is divided between those cases concerning the human rights implications of explicitly transitional policies (such as lustration), and those that involve impacts upon specific democratic rights during the transition. The book presents a close examination of claims by states that transitional policies and priorities require a level of deference from the Strasbourg institutions. The book proposes that states’ claims for leeway from international human rights supervisory mechanisms during times of transition can be characterised not as arguments for cultural relativism, but for ‘transitional relativism’.
Book Synopsis Transitional and Retrospective Justice in the Baltic States by : Eva-Clarita Pettai
Download or read book Transitional and Retrospective Justice in the Baltic States written by Eva-Clarita Pettai and published by Cambridge University Press. This book was released on 2015 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: An empirically rich and conceptually informed study of the politics of transitional justice in post-communist Estonia, Latvia and Lithuania.
Book Synopsis Property in the Margins by : A J van der Walt
Download or read book Property in the Margins written by A J van der Walt and published by Bloomsbury Publishing. This book was released on 2009-05-29 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.
Book Synopsis Skeletons in the Closet by : Monika Nalepa
Download or read book Skeletons in the Closet written by Monika Nalepa and published by Cambridge University Press. This book was released on 2010-01-25 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores pacted transitions to democracy, in which former autocrats are granted amnesty in exchange for allowing free elections.
Book Synopsis Constitutionalizing Transitional Justice by : Cheng-Yi Huang
Download or read book Constitutionalizing Transitional Justice written by Cheng-Yi Huang and published by Taylor & Francis. This book was released on 2022-11-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.
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.
