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Author: Juan F. Gonzalez-Bertomeu
Publisher: Routledge
ISBN: 1317026195
Category : Law
Languages : en
Pages : 412
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Book Description
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
Author: Juan F. Gonzalez-Bertomeu
Publisher: Routledge
ISBN: 1317026195
Category : Law
Languages : en
Pages : 412
Get Book Here
Book Description
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
Author: Kai Ambos
Publisher: Springer Science & Business Media
ISBN: 3540857540
Category : Law
Languages : en
Pages : 566
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Book Description
Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.
Author: Bruce M. Bagley
Publisher: Lexington Books
ISBN: 0739192930
Category : Political Science
Languages : en
Pages : 365
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Book Description
This volume examines Colombia’s political economy at the outset of the twenty-first century. A group of leading experts explores various issues, such as drug trafficking, organized crime, economic performance, the internal armed conflict, and human rights. The experts highlight the various challenges that Colombia faces today. This volume is a major contribution to the field and provides a current panorama of the Colombia conflict.
Author: Kai Ambos
Publisher: Springer Science & Business Media
ISBN: 3642112730
Category : Law
Languages : en
Pages : 168
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Book Description
Striking a balance between peace and justice has long been debated by scholars and practitioners. There has been definite progress in a world in which blanket amnesties were at times granted with little hesitation. There is a growing understanding that accountability has both pragmatic and principled arguments in its favor. Practical arguments as much as shifts in norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark one between peace and justice. The Colombian Justice and Peace Law 975 and its implementation offer an interesting and unique approach to dealing with the international crimes committed in Colombia’s decades-long armed conflict. Yet, will this approach suffice with regard to Colombia’s obligations under international law to investigate and prosecute international crimes? Does it meet the standards of the ICC, which has been monitoring the Colombian situation for some time now? In particular, does it pass the complementarity test laid out in the ICC statute or will the ICC have to intervene in Colombia to enforce international criminal law?
Author: Jessica Almqvist
Publisher: Routledge
ISBN: 1136579257
Category : Law
Languages : en
Pages : 359
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Book Description
Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.
Author: Virginia Marie Bouvier
Publisher: US Institute of Peace Press
ISBN: 1601270380
Category : History
Languages : en
Pages : 516
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Book Description
Documents and analyzes the vast array of peace initiatives that have emerged in Colombia. This title explores how local and regional initiatives relate to national efforts and identifies possible synergies. It examines the multiple roles of civil society and the international community in the country's complex search for peace.
Author: Roxani Krystalli
Publisher: Oxford University Press
ISBN: 0197764568
Category : Political Science
Languages : en
Pages : 273
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Book Description
As of 2023, over nine million Colombians have secured official recognition as victims of an armed conflict that has lasted decades. The category of "victim" is not a mere description of having suffered harm, but a political status and a potential site of power. In Good Victims, Roxani Krystalli investigates the politics of victimhood as a feminist question. Based on in-depth engagement in Colombia over the course of a decade, Krystalli argues for the possibilities of politics through, rather than in opposition to, the status of "victim." Encompassing acts of care, agency, and haunting, the politics of victimhood entangle people who identify as victims, researchers, and transitional justice professionals. Krystalli shows how victimhood becomes a pillar of reimagining the state in the wake of war, and of bringing a vision of that state into being through bureaucratic encounters. Good Victims also sheds light on the ethical and methodological dilemmas that arise when contemplating the legacies of transitional justice mechanisms.
Author: María López Belloso
Publisher: Universidad Pública de Navarra/Nafarroako Unibertsitate Publikoa
ISBN: 8497693442
Category : Law
Languages : en
Pages : 409
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Book Description
La tesis de la investigadora, defendida en 2017 en la Universidad de Deusto y dirigida por los profesores Felipe Gómez Isa y Carlos Martín Beristain, analiza el que califica de “conflicto olvidado” del Sahara Occidental desde la perspectiva de los derechos humanos abordando, en particular, el delito de desaparición forzada. Para ello, la autora, que formó parte del equipo de trabajo de la investigación que desembocó en “El Oasis de la Memoria”, analiza en detalle 95 casos de desaparición forzada, 86 de ellos recogidos en dicha publicación y los nueve restantes, en “Meheris: la esperanza posible”. La investigadora indica que es necesaria “una voluntad política real por transformar la realidad y romper con el pasado de violaciones de derechos humanos” y denuncia que “no se haya respetado el derecho de las víctimas a la verdad”. Los resultados del trabajo, según apunta López, se espera que sirvan para que las personas afectadas puedan defender sus derechos ante las instancias internacionales y la Audiencia Nacional española.
Author: Eve Zucker
Publisher: University of Michigan Press
ISBN: 0472054651
Category : Political Science
Languages : en
Pages : 283
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Book Description
Coexistence in the Aftermath of Mass Violence demonstrates how imagination, empathy, and resilience contribute to the processes of social repair after ethnic and political violence. Adding to the literature on transitional justice, peacebuilding, and the anthropology of violence and social repair, the authors show how these conceptual pathways—imagination, empathy and resilience—enhance recovery, coexistence, and sustainable peace. Coexistence (or reconciliation) is the underlying goal or condition desired after mass violence, enabling survivors to move forward with their lives. Imagination allows these survivors (victims, perpetrators, bystanders) to draw guidance and inspiration from their social and cultural imaginaries, to develop empathy, and to envision a future of peace and coexistence. Resilience emerges through periods of violence and its aftermaths through acts of survival, compassion, modes of rebuilding social worlds, and the establishment of a peaceful society. Focusing on society at the grass roots level, the authors discuss the myriad and little understood processes of social repair that allow ruptured societies and communities to move toward a peaceful and stable future. The volume also illustrates some of the ways in which imagination, empathy, and resilience may contribute to the prevention of future violence and the authors conclude with a number of practical and policy recommendations. The cases include Cambodia, Rwanda, Sierra Leone, Somaliland, Colombia, the Southern Cone, Iraq, and Bosnia.
Author: Pablo De Greiff
Publisher: Oxford University Press
ISBN: 0199545707
Category : Political Science
Languages : en
Pages : 1055
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Book Description
This is a comprehensive study of reparation programmes, containing a blend of case-study analysis, thematic papers and national legislation documents from leading scholars and practitioners.
