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Como lo extpresó Laura Chinclilla, ex presidenta de Costa Rica sobre este libro de Asdrúbal Aguiar, En momentos como los que vive la democracia, es difícil no rendirse ante el escepticismo y el pesimismo. Asdrúbal, sin despegar los pies de la realidad la cual nunca pierde de vista pese a sus encumbramientos intelectuales, apuesta por una hipótesis más bien optimista en tanto nos señala que la llamada crisis de la democracia, ..".puede estar indicando, aguas abajo y a profundidad, el manido desencanto general de la gente con la política; pero en lo positivo, a lo mejor expresa, vuelvo a repetirlo, el reclamo de la gente por una mejor calidad de la democracia y de la política."
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?
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
This book explores how popular cultural artifacts, literary texts, commemorative practices and other forms of remembrances are used to convey, transmit and contest memories of mass atrocities in the Global South. Some of these historical atrocities took place during the Cold war. As such, this book unpacks the influence or role of the global powers in conflict in the Global South. Contributors are grappling with a number of issues such as the politics of memorialization, memory conflicts, exhumations, reburials, historical dialogue, peacebuilding and social healing, memory activism, visual representation, transgenerational transmission of memories, and identity politics.
To the consternation of the haves, some humans continue to insist that they are entitled to live as humans. While it is perhaps a question of philosophy what constitutes a human right, it is more clear what constitutes an abuse of human rights. The world has never been short on abusers and is surely not now. Only the names and faces have changed over time. The powerful tend to be the abusers and the weak the abused. Being aware of the abuses can at least focus light on them and perhaps serve as a proactive response. This bibliography presents hundreds of citations of human right violations under the categories: Basic Human Rights; North America; Latin America; Europe; Asia; Middle East and Africa. Access is provided via Title, Author and Subject Indexes.