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Author: Laura García Martín
Publisher: Routledge
ISBN: 1000497259
Category : Business & Economics
Languages : en
Pages : 217
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Book Description
This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.
Author: Laura García Martín
Publisher: Routledge
ISBN: 1000497259
Category : Business & Economics
Languages : en
Pages : 217
Get Book Here
Book Description
This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.
Author: Leigh A. Payne
Publisher: Cambridge University Press
ISBN: 1108474136
Category : Law
Languages : en
Pages : 395
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Book Description
Examines when, where, why, and how corporate accountability for past human rights violations in armed conflicts and authoritarian regimes is possible.
Author: Irene Pietropaoli
Publisher: Routledge
ISBN: 9780367809546
Category : Business & Economics
Languages : en
Pages : 272
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Book Description
"This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law - either as the main perpetrators, or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyses this development assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, the book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, the book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice"--
Author: Gerald Gahima
Publisher: Routledge
ISBN: 0415522781
Category : Law
Languages : en
Pages : 434
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Book Description
Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.
Author: Pablo De Greiff
Publisher:
ISBN: 9780979077296
Category : Developing countries
Languages : en
Pages : 0
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Book Description
As developing societies emerge from legacies of conflict and authoritarianism, they are frequently beset by poverty, inequality, weak institutions, broken infrastructure, poor governance, insecurity, and low levels of social capital. These countries also tend to propagate massive human rights violations, which displace victims who are marginalized, handicapped, widowed, and orphaned--in other words, people with strong claims to justice. Those who work with others to address development and justice often fail to supply a coherent response to these concerns. The essays in this volume confront the intricacies--and interconnectedness--of transitional governance issues head on, mapping the relationship between two fields that, academically and in practice, have grown largely in isolation of one another. The result of a research project conducted by the International Center for Transitional Justice (ICTJ), this book explains how justice and recovery can be aligned not only in theory but also in practice, among both people and governments as they reform.
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 68
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Book Description
The failure to fulfil economic, social and cultural rights and the outright violation of these rights are often at the root of conflict. Furthermore, the actions and omissions by States and non-State actors during conflict can also amount to violations of economic, social and cultural rights, and particularly affect the most vulnerable. Yet, there has been no widespread move in transitional justice processes to examine the root causes of the conflict or to look into violations of economic, social and cultural rights. The Office of the United Nations High Commissioner for Human Rights has explored in greater depth the ways in which transitional justice processes have addressed or could address violations of economic, social and cultural rights. This publication presents the outcome of that work.
Author: Paul Gready
Publisher: Cambridge University Press
ISBN: 1108668577
Category : Political Science
Languages : en
Pages : 345
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Book Description
Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.
Author: S. Buckley-Zistel
Publisher: Springer
ISBN: 0230348610
Category : Political Science
Languages : en
Pages : 299
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Book Description
Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.
Author: Martina Fischer
Publisher: Routledge
ISBN: 1317529561
Category : Law
Languages : en
Pages : 287
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Book Description
Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.
Author: Simon Robins
Publisher: Taylor & Francis
ISBN: 1000610950
Category : Law
Languages : en
Pages : 280
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Book Description
This book engages comprehensively with the dynamics of the transitional justice process in Tunisia and its mechanisms, elaborating lessons for transitional justice practice globally. Grounded in new empirical material as well as a broader awareness of transitional justice, this book provides a thorough assessment of transitional justice in Tunisia. Beyond an overview of the process, it critically engages with key questions such as the extent to which the process articulated global contemporary practice, such as liberal state-building and narrow conceptions of justice as civil-political rights, and to which it generated novel approaches at odds with the mainstream that can inform global practice. The book examines how the transitional justice process in Tunisia has been contextualised and made relevant to the nation’s circumstances and needs. It looks at innovation at the level of formal mechanisms and at the dynamics of mobilisation and contestation surrounding transitional justice both from civil society organisations and victims’ groups. Bringing together analysis from legal scholars, social scientists as well as activists and practitioners, the book challenges the legalism of transitional justice discourse globally, engendering a dialogue between these legal and judicial approaches on the one hand and alternative, more diverse and radical approaches to justice on the other, in order to both deal with the past and to address ongoing injustice. This first book in English to address the dynamics and mechanisms of the transitional justice process in Tunisia will appeal to students and scholars of transitional justice, human rights, peacebuilding, conflict and peace studies, development, and security studies, as well as policymakers and practitioners in these fields, and others with interests in Middle Eastern studies.
