Описание: Legacies of State Violence and Transitional Justice in Latin America presents a nuanced and evidence-based discussion of both the acceptance and co-optation of the transitional justice framework and its potential abuses in the context of the struggle to keep the memory of the past alive and hold perpetrators accountable within Latin America and beyond. The contributors argue that "transitional justice"-understood as both a conceptual framework shaping discourses and a set of political practices-is a Janus-faced paradigm. Historically it has not always advanced but often hindered attempts to achieve historical memory and seek truth and justice. This raises the vital question: what other theoretical frameworks can best capture legacies of human rights crimes? Providing a historical view of current developments in Latin America's reckoning processes, Legacies of State Violence and Transitional Justice in Latin America reflects on the meaning of the paradigm's reception: what are the broader political and social consequences of supporting, appropriating, or rejecting the transitional justice paradigm?
Описание: In Argentina and elsewhere in Latin America, decades after the fall of authoritarian regimes in the 1970s, transitional justice has proven to be anything but transitional-it has become a cornerstone of state policy and a powerful tool of state formation.
Название: Latin america and the international court of justice ISBN: 1138858579 ISBN-13(EAN): 9781138858572 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region.
The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.
Автор: Ingram Matthew C., Kapiszewski Diana Название: Beyond High Courts: The Justice Complex in Latin America ISBN: 0268102813 ISBN-13(EAN): 9780268102814 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 6897.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Beyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas beyond the study of high courts by offering theoretically and conceptually rich empirical analyses of a set of critical supranational, national, and subnational justice sector institutions that are generally neglected in the literature. The chapters examine the region’s large federal systems (Argentina, Brazil, and Mexico), courts in Chile and Venezuela, and the main supranational tribunal in the region, the Inter-American Court of Human Rights. Aimed at students of comparative legal institutions while simultaneously offering lessons for practitioners charged with designing such institutions, the volume advances our understanding of the design of justice institutions, how their form and function change over time, what causes those changes, and what consequences they have. The volume also pays close attention to how justice institutions function as a system, exploring institutional interactions across branches and among levels of government (subnational, national, supranational) and analyzing how they help to shape, and are shaped by, politics and law. Incorporating the institutions examined in the volume into the literature on comparative legal institutions deepens our understanding of justice systems and how their component institutions can both bolster and compromise democracy and the rule of law.
Contributors: Matthew C. Ingram, Diana Kapiszewski, Azul A. Aguiar-Aguilar, Ernani Carvalho, Nat?lia Leit?o, Catalina Smulovitz, John Seth Alexander, Robert Nyenhuis, S?dia Maria Porto Lima, Jos? M?rio Wanderley Gomes Neto, Danilo Pacheco Fernandes, Louis Dantas de Andrade, Mary L. Volcansek, and Martin Shapiro.
Описание: Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda`s post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation.
In the sixteenth century hundreds of thousands of indios—indigenous peoples from the territories of the Spanish empire—were enslaved and relocated throughout the Iberian world. Although various laws and decrees outlawed indio enslavement, several loopholes allowed the practice to continue. In Global Indios Nancy E. van Deusen documents the more than one hundred lawsuits between 1530 and 1585 that indio slaves living in Castile brought to the Spanish courts to secure their freedom. Because plaintiffs had to prove their indio-ness in a Spanish imperial context, these lawsuits reveal the difficulties of determining who was an indio and who was not—especially since it was an all-encompassing construct connoting subservience and political personhood and at times could refer to people from Mexico, Peru, or South or East Asia. Van Deusen demonstrates that the categories of free and slave were often not easily defined, and she forces a rethinking of the meaning of indio in ways that emphasize the need to situate colonial Spanish American indigenous subjects in a global context.
In the sixteenth century hundreds of thousands of indios—indigenous peoples from the territories of the Spanish empire—were enslaved and relocated throughout the Iberian world. Although various laws and decrees outlawed indio enslavement, several loopholes allowed the practice to continue. In Global Indios Nancy E. van Deusen documents the more than one hundred lawsuits between 1530 and 1585 that indio slaves living in Castile brought to the Spanish courts to secure their freedom. Because plaintiffs had to prove their indio-ness in a Spanish imperial context, these lawsuits reveal the difficulties of determining who was an indio and who was not—especially since it was an all-encompassing construct connoting subservience and political personhood and at times could refer to people from Mexico, Peru, or South or East Asia. Van Deusen demonstrates that the categories of free and slave were often not easily defined, and she forces a rethinking of the meaning of indio in ways that emphasize the need to situate colonial Spanish American indigenous subjects in a global context.
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: 22968.00 р. 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.
Описание: Regime Consolidation and Transitional Justice explores, by focusing on the long-term impact of transitional justice mechanisms in Germany, Spain and Turkey over a twenty-year period, the effect of justice measures on `regime consolidation`, or the means by which a new political system is established and legitimised in a post-transition context.
Автор: Davis Название: Seeking Human Rights Justice in Latin America ISBN: 0521514363 ISBN-13(EAN): 9780521514361 Издательство: Cambridge Academ Рейтинг: Цена: 9821.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.
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