Transitional Justice and Rule of Law Reconstruction, McAuliffe, Padraig
Автор: Aboueldahab Noha Название: Transitional Justice and the Prosecution of Political Leader ISBN: 1509936408 ISBN-13(EAN): 9781509936403 Издательство: Bloomsbury Academic Рейтинг: Цена: 30610.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice.
Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.
Название: International law and post-conflict reconstruction policy ISBN: 1138780111 ISBN-13(EAN): 9781138780118 Издательство: Taylor&Francis Рейтинг: Цена: 163330.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined.
This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors.
The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.
Автор: Melandri, Manuela Название: Self-determination, international law and post-conflict reconstruction ISBN: 1138609285 ISBN-13(EAN): 9781138609280 Издательство: Taylor&Francis Рейтинг: Цена: 148010.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book explores the role of the legal principle of self-determination in the context of post-conflict state-building through a case study of the situation in Somalia.
Название: International Law and Post-Conflict Reconstruction Policy ISBN: 1138702765 ISBN-13(EAN): 9781138702769 Издательство: Taylor&Francis Рейтинг: Цена: 53070.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined.
This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors.
The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.
Автор: Matteo Tondini Название: Statebuilding and Justice Reform: Post-Conflict Reconstruction in Afghanistan ISBN: 0415724295 ISBN-13(EAN): 9780415724296 Издательство: Taylor&Francis Рейтинг: Цена: 46950.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The book provides an updated account of justice reform in Afghanistan, which started in the wake of the US-led military intervention of 2001.
This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations.
Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries' experience with their own reforms, and greater attention to relevant research.
While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.
Автор: Teitel, Ruti G. Название: Globalizing transitional justice ISBN: 0190221372 ISBN-13(EAN): 9780190221379 Издательство: Oxford Academ Рейтинг: Цена: 45930.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: 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. Whether one thinks of the Middle East, South Africa, the Balkans, Latin America, or Cambodia, an extraordinary amount of knowledge has been gained and processes instituted through transitional justice. No longer a byproduct or afterthought, transitional justice is unquestionably the driver of political change. In Globalizing Transitional Justice, 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. In this new book, Teitel focuses on the ways in which transitional justice concepts have found legal expression, especially through human rights law and jurisprudence, and international criminal law. These essays shed light on some of the difficult choices encountered in the design of transitional justice: criminal trials vs. amnesties, or truth commissions; domestic or international processes; peace and reconciliation vs. accountability and punishment. Transitional justice is considered not only in relation to political events and legal developments, but also in relation to the broader social and cultural tendencies of our times.
Автор: Skaar Elin, Garcia-Godos Jemima, Collins Cath Название: Reconceptualizing Transitional Justice: The Latin American Experience ISBN: 1138853240 ISBN-13(EAN): 9781138853249 Издательство: Taylor&Francis Рейтинг: Цена: 153120.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
This book addresses current developments in transitional justice in Latin America - effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using 'thick', but structured, narratives - which allow patterns to emerge, rather than being imposed - the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.
Автор: Kovras Iosif Название: Truth Recovery and Transitional Justice: Deferring Human Rights Issues ISBN: 113865020X ISBN-13(EAN): 9781138650206 Издательство: Taylor&Francis Рейтинг: Цена: 53070.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Truth Recovery and Transitional Justice investigates why some societies defer transitional justice issues after successful democratic consolidation.
Автор: Stan Название: Transitional Justice in Post-Communist Romania ISBN: 1107429250 ISBN-13(EAN): 9781107429253 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This is the first volume to summarize 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.
Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY).
Using detailed empirical data - in the form of qualitative interviews and observations from five years of fieldwork - to assess and analyze the ICTY's impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms.
Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.
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