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: 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: Pablo Ciocchini
Publisher: Routledge
ISBN: 0429861680
Category : Law
Languages : en
Pages : 211
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Book Description
This edited volume presents the work of academics from the Global South and explores, from local and regional settings, how the legal order and people’s perceptions of it translates into an understanding of what constitutes "criminal" behaviors or activities. This book aims to address the gap between criminal law in theory and practice in the Global South by assembling 11 chapters from established and emerging scholars from various underrepresented regions of the world. Drawing on research from Singapore, the Philippines, Peru, Indonesia, India, the Dominican Republic, Burma, Brazil, Bangladesh, and Argentina, this book explores a range of issues that straddle the line between social deviance and legal crimes in such societies, including extramarital affairs, gender-based violence, gambling, LGBT issues, and corruption. Issues of inclusivity versus exclusivity, modernity versus tradition, globalization of capital versus cultural revivalism are explored. The contributions critically analyze the role politics and institutions play in shaping these issues. There is an urgent need for empirical studies and new theoretical approaches that can capture the complexity of crime phenomena that occur in the Global South. This book will provide essential material to facilitate the development of new approaches more suitable to understanding the social phenomena related to crime in these societies. This book will make an important contribution in the development of Southern criminology. It will be of interest to students and researchers of criminology and sociology engaged in studies of sentencing and punishment, theories of crime, law and practice, and postcolonialism.
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: E. Restrepo
Publisher: Springer
ISBN: 1403920141
Category : Political Science
Languages : en
Pages : 258
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Book Description
Most people believe that criminal justice in Colombia is rife with impunity and corruption. Elvira María Restrepo delves beneath such beliefs to reveal a system driven at a fundamental level by fear and distrust from outside the system itself. With the present difficulties in the country tantamount to a state of irregular war, the judiciary is in crisis. It has to contribute to the construction of peace and the reconstruction of trust, or perish.
Author: Lawrence Friedman
Publisher: Stanford University Press
ISBN: 0804766959
Category : Law
Languages : en
Pages : 548
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Book Description
This volume of essays examines how the legal systems of the chief countries of Latin America and Mediterranean Europe—Argentina, Brazil, Chile, Colombia, Mexico, Puerto Rico, Venezuela, France, Italy, and Spain—changed in the last quarter of the 20th century. Through essays that provide a wealth of data on the courts and the legal profession in these countries, the book attempts to relate changes in the operation of the legal systems to changes in the political and social history of the societies in which they are embedded. The details vary, in accordance with the particular history and structure of the countries, but there are also key commonalities that run through all of the stories: democratization, globalization, and changes in the legal order that seem to be worldwide; more power to courts; a growing legal profession; and the entry of women into what was once a masculine club.
Author: Eva van Roekel
Publisher: Rutgers University Press
ISBN: 1978800266
Category : History
Languages : en
Pages : 209
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Book Description
How do the victims and perpetrators of the Argentinian dictatorship experience transitional justice on their own terms? Grounded in phenomenological anthropology and the anthropology of emotion, Phenomenal Justice establishes a new theoretical basis that is faithful to the uncertainties of justice and truth in the aftermath of human rights violations.
Author: Alan Uzelac
Publisher: Springer
ISBN: 3319973584
Category : Law
Languages : en
Pages : 412
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Book Description
National civil justice systems are deeply rooted in national legal cultures and traditions. However, in the past few decades they have been increasingly influenced by integration processes at the regional, supra-national and international level. As a by-product of the emergence of economic and political unions and globalisation processes there is pressure to harmonise or even unify the way in which national civil justice systems operate. In an attempt to create a ‘genuine area of justice’, new unified procedures are being developed, which operate in parallel with national civil procedures, and sometimes even strive to replace them. As a reaction to the forces that endeavour to harmonise and unify procedural laws and practices, an opposing trend is gaining momentum: one that insists on diversity and pluralism of national civil procedures. This book focuses on the evolution of procedural reforms in various jurisdictions and the ongoing transformation of national civil justice systems.
Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530479
Category : Law
Languages : en
Pages : 1199
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Book Description
Author: Ricardo Lillo Lobos
Publisher: Springer Nature
ISBN: 3030955346
Category : Law
Languages : en
Pages : 283
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Book Description
How we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is understood both in national jurisdictions and in the field of international human rights law. The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long. Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moral harm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice. This book makes a valuable contribution to the field of civil justice, legal design, and access to justice by providing an empirically based normative theory regarding the right to a fair trial. As such, it will be of interest to a broad audience: policymakers, practitioners and judges, but also researchers and scholars interested in theoretical questions in jurisprudence, and those familiar with empirical legal studies, comparative law, and other socio-legal studies.
