Автор: Aboueldahab Noha Название: Transitional Justice and the Prosecution of Political Leader ISBN: 1509936408 ISBN-13(EAN): 9781509936403 Издательство: Bloomsbury Academic Рейтинг: Цена: 4592.00 р. 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'.
Автор: Bell, Christine Название: Transitional Justice ISBN: 0367596148 ISBN-13(EAN): 9780367596149 Издательство: Taylor&Francis Рейтинг: Цена: 6430.00 р. Наличие на складе: Есть (1 шт.)
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.
Автор: Jeffery Название: Transitional Justice in the Asia-Pacific ISBN: 1107546214 ISBN-13(EAN): 9781107546219 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Drawing together the world`s leading experts on transitional justice with Asia-Pacific regional and country specialists, this is the first book to explore the processes and practices of transitional justice in the region along with detailed analysis of the cases of Cambodia, Sri Lanka, Aceh, Indonesia, South Korea, the Solomon Islands and East Timor.
Автор: Stan Название: Transitional Justice in Post-Communist Romania ISBN: 1107429250 ISBN-13(EAN): 9781107429253 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. 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.
This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates.
'This is a bold and nuanced scrutiny of the international system's approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.' Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.
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.
Описание: 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.
Описание: Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency from the perspective of transitional justice. Bringing together perspectives of scholars from across the disciplinary spectrum, the collection looks at the question from the socio-legal, cultural studies and practitioner perspective. Taking a three part approach it looks firstly at basic principles guiding justice globally before exploring courts and how they make justice visible. Finally the collection looks at the interface between law, transitional justice institutions and the public sphere. (Series: O ? ? ? ati International Series in Law and Society) Subject: International Law, Socio-Legal Studies]
Автор: Murphy Название: The Conceptual Foundations of Transitional Justice ISBN: 1107085470 ISBN-13(EAN): 9781107085473 Издательство: Cambridge Academ Рейтинг: Цена: 14730.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Transitional justice is distinguished from retributive, corrective, and distributive justice in Murphy`s innovative analysis of this debated concept. The discussion is illustrated by case studies, making the book an accessible read for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists.
Автор: Teitel, Ruti G. Название: Globalizing transitional justice ISBN: 0190221372 ISBN-13(EAN): 9780190221379 Издательство: Oxford Academ Рейтинг: Цена: 6889.00 р. 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: Robinson, Joseph Название: Transitional justice and the politics of inscription ISBN: 113829151X ISBN-13(EAN): 9781138291515 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Taking Northern Ireland as its primary case study, this book applies the growing literature in memory studies to the primary question of transitional justice: How shall societies and individuals reckon with a traumatic past? This book analyses how the bodies of the dead, injured, and traumatised are written into - or out of - transitional justice.
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