International Law and Transition to Peace in Colombia PDF Download
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Author: César Rojas-Orozco
Publisher: BRILL
ISBN: 9004440534
Category : Law
Languages : en
Pages : 205
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Book Description
In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.
Author: César Rojas-Orozco
Publisher: BRILL
ISBN: 9004440534
Category : Law
Languages : en
Pages : 205
Get Book Here
Book Description
In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.
Author: Liliana Lyra Jubilut
Publisher: Berghahn Books
ISBN: 1805394320
Category : Social Science
Languages : en
Pages : 374
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Book Description
Looking at refugee protection in Latin America, this landmark edited collection assesses what the region has achieved in recent years. It analyses Latin America’s main documents in refugee protection, evaluates the particular aspects of different regimes, and reviews their emergence, development and effect, to develop understanding of refugee protection in the region. Drawing from multidisciplinary texts from both leading academics and practitioners, this comprehensive, innovative and highly topical book adopts an analytical framework to understand and improve Latin America’s protection of refugees.
Author: Jernej Letnar Černič
Publisher: Routledge
ISBN: 1351973797
Category : Law
Languages : en
Pages : 296
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Book Description
In recent decades, corporations have increasingly accepted that they have obligations to respect the socio-economic rights of individuals whose rights to livelihoods, education, food, health, housing and water are affected by the actions of corporations on a daily basis. Despite this, it is often difficult for victims to bring corporations to court for violations of their socio-economic rights. Domestic constitutional systems provide, at best, fragile and limited protections against adverse corporate activities, while international responses have been lacking in creating obligations and accountability for corporations under socio-economic rights. The urgency of bolstering corporate accountability for socio-economic rights is therefore apparent. In light of this, this book asks whether corporations are required to observe socio-economic rights and if they are accountable for any violations. In doing so, it identifies and analyzes the theoretical foundations and the existing scope of corporate accountability arising from socio-economic rights at both national and international levels. Through careful analysis, Jernej Letnar Černič exposes the stark need for greater clarity in the obligations and accountability of corporations, advocating a normative framework for corporate accountability for socio-economic rights in national legal orders which builds on existing mechanisms.
Author: María López Belloso
Publisher: Universidad Pública de Navarra/Nafarroako Unibertsitate Publikoa
ISBN: 8497693442
Category : Law
Languages : en
Pages : 379
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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: Jacobo Grajales
Publisher: Routledge
ISBN: 1000398749
Category : Nature
Languages : en
Pages : 189
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Book Description
Based on extensive research conducted in Colombia since 2009, this book addresses the connection between land grabbing and agrarian capitalism, as well as the unfulfilled promises of peace and justice. While land remains a key resource at the core of many contemporary civil wars, the impact of high-intensity armed violence on the formation of agrarian capitalism is seldom discussed. Drawing on nearly 200 interviews, archival research, and geographical data, this book examines land grabbing and the role of violence in capital with a particular focus on one key actor in the Colombian civil war: paramilitary militias. This book demonstrates how the intricate ties between armed conflict and economy formation are obscured by the widespread belief that violence is a radical form of action, breaking with the normal course of society and disconnected from the legal economy. Under this view, dispossession is perceived as diametrically opposed to capitalist accumulation. This belief is enormously influential in precisely those bureaucratic agencies that are in charge of peacebuilding, both domestically and internationally. However, this narrow view of the relationship between armed violence and capitalism belies the close ties between plunder and lawful profit, and obscures the continuity between violent dispossession and the free market. By the same token, it legitimizes post-war inequality in the name of capitalist development. The book concludes by arguing that the promotion of radical democracy in the government of land and rural development emerges as the only reasonable path for pacifying a violent polity. The book is essential reading for students, scholars, and development aid practitioners interested in land and resource grabbing, agrarian capitalism, civil wars, and conflict resolution.
Author: Alejandro Linares Cantillo
Publisher:
ISBN: 019289675X
Category :
Languages : en
Pages : 497
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Book Description
This compilation of twenty essays gathers some of the most prominent authors in constitutionalism and legal theory to critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, and the theory of transitional justice.
Author: Elin Skaar
Publisher: Routledge
ISBN: 1317526201
Category : Law
Languages : en
Pages : 353
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Book Description
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.
Author: Anne Wagner
Publisher: Springer Nature
ISBN: 3031512480
Category :
Languages : en
Pages : 569
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Book Description
Author: Héctor Olásolo
Publisher: BRILL
ISBN: 9004341005
Category : Law
Languages : en
Pages : 251
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Book Description
Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.
Author: Karlos Pérez de Armiño
Publisher: Springer Nature
ISBN: 3031247973
Category : Political Science
Languages : en
Pages : 415
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Book Description
This open access book provides a comprehensive analysis of the EU's crucial support for the implementation of the Havana Peace Agreement between the Colombian government and the FARC-EP. It explores the use of new approaches and instruments that, despite some limitations and criticisms, could go beyond conventional liberal peace and provide useful lessons. Particular attention is paid to three axes: strengthening civil society, protection of human rights and a territorial peace perspective, as a contribution to the "local turn" in peace policies. The book first outlines the background of the conflict, the EU's two-decade defense of a negotiated peace, and the complexities of the peace process. Then, it analyses the development cooperation and political support provided in different areas: the collective reinsertion of ex-guerrillas, women and gender initiatives, the rights of ethnic communities, the sophisticated transitional justice system, as well as activities on reconciliation, victims and protection of human rights defenders.
