Amnesty In The Age Of Human Rights Accountability

Author: Francesca Lessa
Editor: Cambridge University Press
ISBN: 1107025001
Size: 12,37 MB
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This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.

Transnational Legal Orders

Author: Terence C. Halliday
Editor: Cambridge University Press
ISBN: 1107069920
Size: 18,92 MB
Format: PDF, Kindle
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"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

Some Kind Of Justice

Author: Diane Orentlicher
Editor: Oxford University Press
ISBN: 0190882298
Size: 12,30 MB
Format: PDF, ePub
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An internationally-renowned scholar in the fields of international and transitional justice, Diane Orentlicher provides an unparalleled account of an international tribunal's impact in societies that have the greatest stake in its work. In Some Kind of Justice: The ICTY's Impact in Bosnia and Serbia, Orentlicher explores the evolving domestic impact of the International Criminal Tribunal for the former Yugoslavia (ICTY), which operated longer than any other international war crimes court. Drawing on hundreds of research interviews and a rich body of inter-disciplinary scholarship, Orentlicher provides a path-breaking account of how the Tribunal influenced domestic political developments, victims' experience of justice, acknowledgement of wartime atrocities, and domestic war crimes prosecutions, as well as the dynamic factors behind its evolving influence in each of these spheres. Highlighting the perspectives of Bosnians and Serbians, Some Kind of Justice offers important and practical lessons about how international criminal courts can improve the delivery of justice.

International Development

Author: Bruce Currie-Alder
Editor: OUP Oxford
ISBN: 0191651699
Size: 13,11 MB
Format: PDF, Mobi
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Thinking on development informs and inspires the actions of people, organizations, and states in their continuous effort to invent a better world. This volume examines the ideas behind development: their origins, how they have changed and spread over time, and how they may evolve over the coming decades. It also examines how the real-life experiences of different countries and organizations have been inspired by, and contributed to, thinking on development. The extent to which development 'works' depends in part on particular local, historical, or institutional contexts. General policy prescriptions fail when the necessary conditions that make them work are either absent, ignored, or poorly understood. There is a need to grasp how people understand their own development experience. If the countries of the world are varied in every way, from their initial conditions to the degree of their openness to outside money and influence, and success is not centred in any one group, it stands to reason that there cannot be a single recipe for development. Each chapter provides an analytical survey of thinking about development that highlights debates and takes into account critical perspectives. It includes contributions from scholars and practitioners from the global North and the global South, spanning at least two generations and multiple disciplines. It will be a key reference on the concepts and theories of development - their origins, evolution, and trajectories - and act as a resource for scholars, graduate students, and practitioners.

Memory And Transitional Justice In Argentina And Uruguay

Author: Francesca Lessa
Editor: Springer
ISBN: 1137269391
Size: 20,20 MB
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This interdisciplinary study explores the interaction between memory and transitional justice in post-dictatorship Argentina and Uruguay and develops a theoretical framework for bringing these two fields of study together through the concept of critical junctures.

Amnesties Accountability And Human Rights

Author: Renee Jeffery
Editor: University of Pennsylvania Press
ISBN: 081224589X
Size: 11,54 MB
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For the last thirty years, documented human rights violations have been met with an unprecedented rise in demands for accountability. This trend challenges the use of amnesties which typically foreclose opportunities for criminal prosecutions that some argue are crucial to transitional justice. Recent developments have seen amnesties circumvented, overturned, and resisted by lawyers, states, and judiciaries committed to ending impunity for human rights violations. Yet, despite this global movement, the use of amnesties since the 1970s has not declined. Amnesties, Accountability, and Human Rights examines why and how amnesties persist in the face of mounting pressure to prosecute the perpetrators of human rights violations. Drawing on more than 700 amnesties instituted between 1970 and 2005, Renée Jeffery maps out significant trends in the use of amnesty and offers a historical account of how both the use and the perception of amnesty has changed. As mechanisms to facilitate transitions to democracy, to reconcile divided societies, or to end violent conflicts, amnesties have been adapted to suit the competing demands of contemporary postconflict politics and international accountability norms. Through the history of one evolving political instrument, Amnesties, Accountability, and Human Rights sheds light on the changing thought, practice, and goals of human rights discourse generally.

Privatisation And Human Rights In The Age Of Globalisation

Author: Felipe Gómez Isa
Editor: Intersentia nv
ISBN: 9050954227
Size: 15,33 MB
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"University of Deusto, Institute of Human Rights Pedro Arrupe; Maastricht Centre for Human Rights."

The Counterinsurgent S Constitution

Author: Ganesh Sitaraman
Editor: Oxford University Press
ISBN: 0199986908
Size: 20,65 MB
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Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.

Advancing The Human Right To Health

Author: José M. Zuniga
Editor: OUP Oxford
ISBN: 0191637645
Size: 13,50 MB
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Advancing the Human Right to Health offers a prospective on the global response to one of the greatest moral, legal, and public health challenges of the 21st century - achieving the human right to health as enshrined in the Universal Declaration of Human Rights (UDHR) and other legal instruments. Featuring writings by global thought-leaders in the world of health human rights, the book brings clarity to many of the complex clinical, ethical, economic, legal, and socio-cultural questions raised by injury, disease, and deeper determinants of health, such as poverty. Much more than a primer on the right to health, this book features an examination of profound inequalities in health, which have resulted in millions of people condemned to unnecessary suffering and hastened deaths. In so doing, it provides a thoughtful account of the right to health's parameters, strategies on ways in which to achieve it, and discussion of why it is so essential in a 21st century context. Country-specific case studies provide context for analysing the right to health and assessing whether, and to what extent, this right has influenced critical decision-making that makes a difference in people's lives. Thematic chapters also look at the specific challenges involved in translating the right to health into action. Advancing the Human Right to Health highlights the urgency to build upon the progress made in securing the right to health for all, offering a timely reminder that all stakeholders must redouble their efforts to advance the human right to health.

Democracy In An Age Of Globalisation

Author: Otfried Höffe
Editor: Springer Science & Business Media
ISBN: 1402056621
Size: 13,11 MB
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In this book, the author develops a comprehensive analysis of the demands which the process of globalization exerts on the political organisations of humanity. The author starts from a diagnosis of the process of globalisation. The question central to the book can be formulated as follows: "How can the social, moral and legal achievements of the nation-state be retained while its structure is reshaped to satisfy the requirements of a globalised world?"