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Author: Sonja Klinsky
Publisher: Routledge
ISBN: 1351854917
Category : Business & Economics
Languages : en
Pages : 136
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Book Description
Geopolitical changes combined with the increasing urgency of ambitious climate action have re-opened debates about justice and international climate policy. Mechanisms and insights from transitional justice have been used in over thirty countries across a range of conflicts at the interface of historical responsibility and imperatives for collective futures. However, lessons from transitional justice theory and practice have not been systematically explored in the climate context. The comparison gives rise to new ideas and strategies that help address climate change dilemmas. This book examines the potential of transitional justice insights to inform global climate governance. It lays out core structural similarities between current global climate governance tensions and transitional justice contexts. It explores how transitional justice approaches and mechanisms could be productively applied in the climate change context. These include responsibility mechanisms such as amnesties, legal accountability measures, and truth commissions, as well as reparations and institutional reform. The book then steps beyond reformist transitional justice practice to consider more transformative approaches, and uses this to explore a wider set of possibilities for the climate context. Each chapter presents one or more concrete proposals arrived at by using ideas from transitional justice and applying them to the justice tensions central to the global climate context. By combining these two fields the book provides a new framework through which to understand the challenges of addressing harms and strengthening collective climate action. This book will be of great interest to scholars and practitioners of climate change and transitional justice.
Author: Sonja Klinsky
Publisher: Routledge
ISBN: 1351854917
Category : Business & Economics
Languages : en
Pages : 136
Get Book Here
Book Description
Geopolitical changes combined with the increasing urgency of ambitious climate action have re-opened debates about justice and international climate policy. Mechanisms and insights from transitional justice have been used in over thirty countries across a range of conflicts at the interface of historical responsibility and imperatives for collective futures. However, lessons from transitional justice theory and practice have not been systematically explored in the climate context. The comparison gives rise to new ideas and strategies that help address climate change dilemmas. This book examines the potential of transitional justice insights to inform global climate governance. It lays out core structural similarities between current global climate governance tensions and transitional justice contexts. It explores how transitional justice approaches and mechanisms could be productively applied in the climate change context. These include responsibility mechanisms such as amnesties, legal accountability measures, and truth commissions, as well as reparations and institutional reform. The book then steps beyond reformist transitional justice practice to consider more transformative approaches, and uses this to explore a wider set of possibilities for the climate context. Each chapter presents one or more concrete proposals arrived at by using ideas from transitional justice and applying them to the justice tensions central to the global climate context. By combining these two fields the book provides a new framework through which to understand the challenges of addressing harms and strengthening collective climate action. This book will be of great interest to scholars and practitioners of climate change and transitional justice.
Author: Ruti G. Teitel
Publisher: Oxford University Press
ISBN: 0199728011
Category : Law
Languages : en
Pages : 305
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Book Description
At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.
Author: Jon Elster
Publisher: Cambridge University Press
ISBN: 9780521548540
Category : History
Languages : en
Pages : 316
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Book Description
An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.
Author: Bruno Latour
Publisher: John Wiley & Sons
ISBN: 1509530592
Category : Philosophy
Languages : en
Pages : 140
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Book Description
The present ecological mutation has organized the whole political landscape for the last thirty years. This could explain the deadly cocktail of exploding inequalities, massive deregulation, and conversion of the dream of globalization into a nightmare for most people. What holds these three phenomena together is the conviction, shared by some powerful people, that the ecological threat is real and that the only way for them to survive is to abandon any pretense at sharing a common future with the rest of the world. Hence their flight offshore and their massive investment in climate change denial. The Left has been slow to turn its attention to this new situation. It is still organized along an axis that goes from investment in local values to the hope of globalization and just at the time when, everywhere, people dissatisfied with the ideal of modernity are turning back to the protection of national or even ethnic borders. This is why it is urgent to shift sideways and to define politics as what leads toward the Earth and not toward the global or the national. Belonging to a territory is the phenomenon most in need of rethinking and careful redescription; learning new ways to inhabit the Earth is our biggest challenge. Bringing us down to earth is the task of politics today.
Author: Cheryl Lawther
Publisher: Edward Elgar Publishing
ISBN: 180220251X
Category : Law
Languages : en
Pages : 547
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Book Description
Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.
Author: Daniel Bodansky
Publisher: Oxford University Press
ISBN: 0199664293
Category : Law
Languages : en
Pages : 417
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Book Description
This textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime - the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement - establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating international climate change law within the broader context of international law and international environmental law. It considers the evolution of the international climate change regime, and the process of law-making that has led to it. It examines the key provisions of the Framework Convention, the Kyoto Protocol and the Paris Agreement. It analyses the principles and obligations that underpin the climate regime, as well as the elaborate institutional and governance architecture that has been created at successive international conferences to develop commitments and promote transparency and compliance. The final two chapters address the polycentric nature of international climate change law, as well as the intersections of international climate change law with other areas of international regulation. This book is an essential introduction to international climate change law for students, scholars and negotiators.
Author: David Held
Publisher: John Wiley & Sons
ISBN: 0745637833
Category : Political Science
Languages : en
Pages : 391
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Book Description
Climate change poses one of the greatest challenges for human society in the twenty-first century, yet there is a major disconnect between our actions to deal with it and the gravity of the threat it implies. In a world where the fate of countries is increasingly intertwined, how should we think about, and accordingly, how should we manage, the types of risk posed by anthropogenic climate change? The problem is multi-faceted, and involves not only technical and policy specific approaches, but also questions of social justice and sustainability. In this volume the editors have assembled a unique range of contributors who together examine the intersection between the science, politics, economics and ethics of climate change. The book includes perspectives from some of the world's foremost commentators in their fields, ranging from leading scientists to political theorists, to high profile policymakers and practitioners. They offer a critical new approach to thinking about climate change, and help express a common desire for a more equitable society and a more sustainable way of life.
Author: Matthew Evans
Publisher: Routledge
ISBN: 1000564789
Category : Law
Languages : en
Pages : 85
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Book Description
Beyond Transitional Justice reflects upon the state of the field (or non-field) of transitional justice in the current conjuncture, as well as identifying new possibilities and challenges in the fields with which transitional justice overlaps (such as human rights, peacebuilding, and development). Chapters intervene at the cutting edge of contemporary transitional justice research, addressing key theoretical and empirical questions and covering critical, international, interdisciplinary, theoretical, and practice-oriented content. In particular, the notion of transformative justice is discussed in light of the emerging scholarship defining and applying this concept as either an approach within or an alternative to transitional justice. The book considers the extent to which transformative justice as a concept adds value to scholarship on transitional justice and related areas and asks what the future might hold for this area as a field – or non-field. A timely intervention, Beyond Transitional Justice is ideal reading for scholars and students in the fields of human rights, peace and conflict studies, international law, critical legal theory, development studies, criminology, and victimology.
Author: Ulrich Beck
Publisher: John Wiley & Sons
ISBN: 0745690254
Category : Social Science
Languages : en
Pages : 240
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Book Description
We live in a world that is increasingly difficult to understand. It is not just changing: it is metamorphosing. Change implies that some things change but other things remain the same capitalism changes, but some aspects of capitalism remain as they always were. Metamorphosis implies a much more radical transformation in which the old certainties of modern society are falling away and something quite new is emerging. To grasp this metamorphosis of the world it is necessary to explore the new beginnings, to focus on what is emerging from the old and seek to grasp future structures and norms in the turmoil of the present. Take climate change: much of the debate about climate change has focused on whether or not it is really happening, and if it is, what we can do to stop or contain it. But this emphasis on solutions blinds us to the fact that climate change is an agent of metamorphosis. It has already altered our way of being in the world the way we live in the world, think about the world and seek to act upon the world through our actions and politics. Rising sea levels are creating new landscapes of inequality drawing new world maps whose key lines are not traditional boundaries between nation-states but elevations above sea level. It is creating an entirely different way of conceptualizing the world and our chances of survival within it. The theory of metamorphosis goes beyond theory of world risk society: it is not about the negative side effects of goods but the positive side effects of bads. They produce normative horizons of common goods and propel us beyond the national frame towards a cosmopolitan outlook.
Author: Gerhard Werle
Publisher: Springer Nature
ISBN: 3662651513
Category : Law
Languages : en
Pages : 160
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Book Description
The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).
