Author: Leigh A. Payne
Publisher: Proceedings of the British Aca
ISBN: 9780197267264
Category : Business & Economics
Languages : en
Pages : 342
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Book Description
Business involvement in human rights violations has been part of the past, the present, and will likely continue in the future. A legacy of impunity has prevailed globally. Using case studies and original datasets, this volume seeks to understand how corporate accountability for human rights violations has been achieved and what barriers persist.
Author: Dustin N. Sharp
Publisher: Springer Science & Business Media
ISBN: 1461481724
Category : Psychology
Languages : en
Pages : 328
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Book Description
This book examines the role of economic violence (violations of economic and social rights, corruption, and plunder of natural resources) within the transitional justice agenda. Because economic violence often leads to conflict, is perpetrated during conflict, and continues afterwards as a legacy of conflict, a greater focus on economic and social rights issues in the transitional justice context is critical. One might add that insofar as transitional justice is increasingly seen as an instrument of peacebuilding rather than a simple political transition, focus on economic violence as the crucial “root cause” is key to preventing re-lapse into conflict. Recent increasing attention to economic issues by academics and truth commissions suggest this may be slowly changing, and that economic and social rights may represent the “next frontier” of transitional justice concerns. There remain difficult questions that have yet to be worked out at the level of theory, policy, and practice. Further scholarship in this regard is both timely, and necessary. This volume therefore presents an opportunity to fill an important gap. The project will bring together new papers by recognized and emerging scholars and policy experts in the field.
Author: Leigh A. Payne
Publisher: Cambridge University Press
ISBN: 1108640753
Category : Political Science
Languages : en
Pages : 395
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Book Description
Bruno Tesch was tried and executed for his company's Zyklon B gas used in Nazi Germany's extermination camps. This book examines this trial and the more than 300 other economic actors who faced prosecution for the Holocaust's crimes against humanity. It further tracks and analyses similar transitional justice mechanisms for holding economic actors accountable for human rights violations in dictatorships and armed conflict: international, foreign, and domestic trials and truth commissions from the 1970s to the present in every region of the world. This book probes what these accountability efforts are, why they take place, and when, where, and how they unfold. Analysis of the authors' original database leads them to conclude that 'corporate accountability from below' is underway, particularly in Latin America. A kind of Archimedes' lever places the right tools in weak local actors' hands to lift weighty international human rights claims, overcoming the near absence of international pressure and the powerful veto power of business.
Author: Pádraig McAuliffe
Publisher:
ISBN: 9781783470037
Category : New democracies
Languages : en
Pages : 0
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Book Description
'The rhetoric of transformation in transitional justice seems to be everywhere. Padraig McAuliffe takes this agenda down to its roots and exposes unproven or wishful assumptions that fail to connect with conditions in actual post-conflict settings. This bracing and powerful book, massively researched and tightly argued, throws down a gauntlet and defines an agenda for future research. McAuliffe's book is a singular and outstanding intervention in the transitional justice field.' - Margaret Urban Walker, Marquette University Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice's prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states. Systematic and timely, this book examines how the evolution of contemporary civil war, the modalities of peacemaking and peacebuilding, as well as the role of grassroots forms of justice, condition prospects for tackling the economic roots of conflict. It argues that discourse in the area focuses too much on the liberal commitments of interveners to the exclusion of understanding how interventionist impulses are compromised by the agency of local actors. Ultimately, the book illustrates that for transitional justice to become effective in transforming structures of injustice, it needs to acknowledge the salience of domestic political incentives and accumulation patterns. Transitional justice scholars will find this book indispensable as the first consideration of transitional justice and economic transformation from the perspective of the domestic political economy. Both peacebuilding and development specialists will also benefit from its wealth of lessons to be learned.
Author: Sam Szoke-Burke
Publisher:
ISBN:
Category :
Languages : en
Pages : 30
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Book Description
Transitional justice programs traditionally focused on breaches of civil and political rights and violations of bodily integrity, largely ignoring violations of economic and social rights (ESRs) and relegating socioeconomic issues to the category of 'background' or context. This approach is becoming increasingly untenable given that ESRs articulate binding and increasingly justiciable legal obligations. Considering past ESR violations can also provide crucial insight into the causes of past conflict, and addressing socioeconomic grievances can help to reduce the chances of future rights violations or civil unrest. This Article sets out when transitional justice ought concern itself with breaches of ESRs using the 'respect, protect, fulfill' framework of state obligations. Drawing on past examples, the Article argues that failures to respect and protect ESRs are usually discrete enough to be included in the mandates of truth commissions, reparations schemes, and, in some cases, criminal prosecutions. Decentralization programs and the vetting of corrupt economic actors can also effectively address past ESR violations and lead to socioeconomic improvements. Addressing state failures to fulfill ESRs is a more complicated question, although there are occasions where such violations should be included in transitional justice mandates. Ultimately, transitional justice can no longer ignore that ESRs articulate non-negotiable and clearly defined standards, which often hold the key to stable and sustainable political transitions.
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: Sandra Botero
Publisher: Cambridge University Press
ISBN: 1009103415
Category : Political Science
Languages : en
Pages : 363
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Book Description
Latin America was one of the earliest and most enthusiastic adopters of what has come to be known as the judicialization of politics - the use of law and legal institutions as tools of social contestation to curb the abuse of power in government, resolve policy disputes, and enforce and expand civil, political, and socio-economic rights. Almost forty years into this experiment, The Limits of Judicialization brings together a cross-disciplinary group of scholars to assess the role that law and courts play in Latin American politics. Featuring studies of hot-button topics including abortion, state violence, judicial corruption, and corruption prosecutions, this volume argues that the institutional and cultural changes that empowered courts, what the editors call the 'judicialization superstructure,' often fall short of the promise of greater accountability and rights protection. Illustrative and expansive, this volume offers a truly interdisciplinary analysis of the limits of judicialized politics.
Author: Arnaud Kurze
Publisher: Indiana University Press
ISBN: 0253039924
Category : Political Science
Languages : en
Pages : 253
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Book Description
Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.
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: Kirsten J. Fisher
Publisher: Routledge
ISBN: 1135984816
Category : Law
Languages : en
Pages : 256
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Book Description
This book presents a varied and critical picture of how the Arab Spring demands a re-examination and re-conceptualization of issues of transitional justice. It demonstrates how unique features of this wave of revolutions and popular protests that have swept the Arab world since December 2010 give rise to distinctive concerns and problems relative to transitional justice. The contributors explore how these issues in turn add fresh perspective and nuance to the field more generally. In so doing, it explores fundamental questions of social justice, reconstruction and healing in the context of the Arab Spring. Including the perspectives of academics and practitioners, Transitional Justice and the Arab Spring will be of considerable interest to those working on the politics of the Middle East, normative political theory, transitional justice, international law, international relations and human rights.
