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This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.
This book provides a sophisticated, yet accessible, overview of the key political, economic and social challenges facing contemporary Myanmar and explains the complex historical and ethnic dynamics that have shaped the country. With clear and incisive contributions from the world’s leading Myanmar scholars, this book assesses the policies and political reforms that have provoked contestation in Myanmar’s recent history and driven both economic and social change. In this context, questions of economic ownership and control and the distribution of natural resources are shown to be deeply informed by long-standing fractures among ethnic and civil-military relations. The chapters analyse the key issues that constrain or expedite societal development in Myanmar and place recent events of national and international significance in the context of its complex history and social relations. In doing so, the book demonstrates that ethnic and cultural diversity is at the core of Myanmar’s society and heavily influences all aspects of life in the country. Filling a gap in the market, this research textbook and primer will be of interest to upper undergraduates, postgraduates and scholars of Southeast Asian politics, economics and society and to journalists and professionals working within governments, companies and other organisations.
The prosecution plays a crucial part in any international war crimes trial, but its role is rarely analysed. This book will assess the work of the prosecutor in a dozen international criminal courts and tribunals, setting out the applicable rules and analysing his or her independence, accountability, and political impact.
This book brings together leading experts to explore contemporary issues facing the laws of war.
Drawing on the critical legal tradition, the collection of international scholars gathered in this volume analyse the complicities and limitations of International Criminal Law. This area of law has recently experienced a significant surge in scholarship and public debate; individual criminal accountability is now firmly entrenched in both international law and the international consciousness as a necessary mechanism of responsibility. Critical Approaches to International Criminal Law: An Introduction shifts the debate towards that which has so far been missing from the mainstream discussion: the possible injustices, exclusions, and biases of International Criminal Law. This collection of essays is the first dedicated to the topic of critical approaches to international criminal law. It will be a valuable resource for scholars and students of international criminal law, international law, international legal theory, criminal law, and criminology.
The world's legal professions have undergone dramatic changes in the 30 years since publication of the landmark three-volume Lawyers in Society, which launched comparative sociological studies of lawyers. This is the first of two volumes in which scholars from a wide range of disciplines, countries and cultures document and analyse those changes. The present volume presents reports on 46 countries, with broad coverage of North America, Western Europe, Latin America, Asia, Australia, North Africa and the Middle East, sub-Saharan Africa, and former communist countries. These national reports address: the impact of globalisation and neoliberalism on national legal professions (the relationship of lawyers and their professional associations to the state and tensions between state and citizenship); changes in lawyer demography (rapidly growing numbers and the profession's efforts to retain control, the entry of women and obstacles to full gender equality, ethnic diversity); legal education (the proliferation of institutions and pedagogic innovation); the regulation of lawyers; structures of production (especially the growth of large firms and the impact of technology and paraprofessionals); the distribution of lawyers across roles; and access to justice (state-funded legal aid and pro-bono services). The juxtaposition of the reports reveals the dramatic transformations of professional rationales, labour markets, and working practices and the multiple contingencies of the role of lawyers in societies experiencing increasing juridification within a new geopolitical order.
After decades of mismanagement and direct military rule, Myanmar’s contested transition to a more democratic government has rapidly shifted the outlook in this significant Southeast Asian nation. Since 2011, the removal of Western sanctions and new foreign investments have resulted in high rates of economic growth and an expanding middle class, albeit from a very low base. In a result unthinkable a few years earlier, former political prisoner and Nobel laureate Aung San Suu Kyi and her party, the National League for Democracy (NLD), formed a national government in early 2016. However, despite significant political and economic reforms since the liberalisation process commenced, the transition to civilian rule remains constrained by the military’s 2008 Constitution, which guarantees that it operates unfettered by civilian oversight. As a result, although some ethnic conflicts have abated, others continue to fester and new conflicts have erupted. With a daunting task ahead the NLD government has made some progress in removing the vestiges of repressive military-era laws but many remain untouched and some of the practices of the new government provide unwelcome reminders of its authoritarian history. This timely Handbook describes the political, economic, and cultural dimensions of this crucial period of transition in Myanmar. It presents explanations for contradictory trends, including those that defy some of the early narratives about the comprehensive transformation of Myanmar. The Handbook also considers the impact of major environmental, strategic, and demographic trends which help underscore that Myanmar’s development will be an ongoing task. In addition to introductory and concluding chapters by the editors, the body of the Handbook is divided into seven core sections: • Fundamentals • Spaces • Cultures • Living • Governance • International • Challenges Written by an international team of scholars, with a mix of world-leading established academics and talented emerging researchers, the Handbook provides a rigorous scholarly overview of Myanmar’s politics, economics, and society. As Myanmar opens to Western businesses and government agencies, this is an invaluable reference book that will provide a foundation for further research and offer the first port of call for scholars, students, and policy makers working on Myanmar and Asia.
There has now been more than a decade of conceptual work, policy development, and operational activity in the field of security sector reform (SSR). To what extent has its original aim, to support and facilitate development, been met? The various contributions to this book address this question, offering a range of insights on the theoretical and practical relevance of the security-development nexus in SSR. They examine claims of how and whether SSR effectively contributes to achieving both security and development objectives. In particular, the analyses presented in the book provide a salutary lesson that development and security communities need to take each other's concerns into account when planning, implementing, and evaluating their activities. The book offers academics, policy-makers, and practitioners within the development and security communities relevant lessons, suggestions, and practical advice for approaching SSR as an instrument that serves both security and development objectives. (Series: Geneva Centre for the Democratic Control of Armed Forces [DCAF])
This book presents an invaluable collection of essays by eminent scholars from a wide variety of disciplines on the main issues currently confronting legal professions across the world. It does this through a comparative analysis of the data provided by the reports on 46 countries in its companion volume: Lawyers in 21st-Century Societies: Vol. 1: National Reports (Hart 2020). Together these volumes build on the seminal collection Lawyers in Society (Abel and Lewis 1988a; 1988b; 1989). The period since 1988 has seen an acceleration and intensification of the global socio-economic, cultural and political developments that in the 1980s were challenging traditional professional forms. Together with the striking transformation of the world order as a result of the fall of the Soviet bloc, neo-liberalism, globalisation, the financialisation of capitalism, technological innovations, and the changing demography of lawyers, these developments underscored the need for a new, comparative exploration of the legal professional field. This volume deepens the insights in volume 1, with chapters on legal professions in Africa, Latin America, the Islamic world, emerging economies, and former communist regimes. It also addresses theoretical questions, including the sociology of lawyers and other professions (medicine, accountancy), state production, the rule of law, regional bodies, large law firms, access to justice, technology, casualisation, cause lawyering, diversity (gender, race, and masculinity), corruption, ethics regulation, and legal education. Together with volume 1, it will inform and challenge conceptions of the contemporary profession, and stimulate and support further research.
A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.