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Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice.
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.
Since the end of the Cold War, the United States has been a key driver of transitional justice. It has provided crucial political backing, as well as technical and financial assistance for trials, truth commissions, and other measures aimed at helping societies address serious human rights violations. Surprisingly, however, scholars have not analyzed closely the role of the US in transitional justice. This book offers the first systematic and cross-cutting account of US foreign policy on transitional justice. It explores the development of US foreign policy on the field from World War I to the present, and provides an in-depth examination of US involvement in measures in Cambodia, Liberia, and Colombia. Annie Bird supports her findings with nearly 200 interviews with key US and foreign government officials, staff of transitional justice measures, and country experts. By "opening the black box" of US foreign policy, the book shows how the diverse and evolving interests of presidential administrations, Congress, the State Department, and other agencies play a major role in shaping US involvement in transitional justice. The book argues that, despite multiple influences, US foreign policy on transitional justice is characterized by a distinctive approach that is symbolic, retributive, and strategic. As the book concludes, this approach has influenced the field as a whole, including the establishment, design, and implementation of transitional justice measures.
Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.
The production of ‘human waste’ – or more precisely, wasted lives, the ‘superfluous’ populations of migrants, refugees and other outcasts – is an inevitable outcome of modernization. It is an unavoidable side-effect of economic progress and the quest for order which is characteristic of modernity. As long as large parts of the world remained wholly or partly unaffected by modernization, they were treated by modernizing societies as lands that were able to absorb the excess of population in the ‘developed countries’. Global solutions were sought, and temporarily found, to locally produced overpopulation problems. But as modernization has reached the furthest lands of the planet, ‘redundant population’ is produced everywhere and all localities have to bear the consequences of modernity’s global triumph. They are now confronted with the need to seek – in vain, it seems – local solutions to globally produced problems. The global spread of the modernity has given rise to growing quantities of human beings who are deprived of adequate means of survival, but the planet is fast running out of places to put them. Hence the new anxieties about ‘immigrants’ and ‘asylum seekers’ and the growing role played by diffuse ‘security fears’ on the contemporary political agenda. With characteristic brilliance, this new book by Zygmunt Bauman unravels the impact of this transformation on our contemporary culture and politics and shows that the problem of coping with ‘human waste’ provides a key for understanding some otherwise baffling features of our shared life, from the strategies of global domination to the most intimate aspects of human relationships.
For survivors of the brutal Khmer Rouge Regime, western instruments of justice are small plasters on deep wounds. In Hinton's account of the subsequent international tribunal, only traditional ceremony, ritual, and unmediated dialogue can provide true healing.
Over the past three decades, hundreds of government officials have gone from being immune to any accountability for their human rights violations to being the subjects of highly publicized trials in Latin America, Europe, and Africa, resulting in enormous media attention and severe consequences. Here, renowned scholar Kathryn Sikkink brings to light the groundbreaking emergence of these human rights trials as a modern political tool, one that is changing the face of global politics as we know it. Drawing on personal experience and extensive research, Sikkink explores the building of this movement toward justice, from its roots in Nuremberg to the watershed trials in Greece and Argentina. She shows how the foundations for the stunning, public indictments of Slobodan Milošević and Augusto Pinochet were laid by the long, tireless activism of civilians, many of whose own families had been destroyed, and whose fight for justice sometimes came at the risk of their own lives and careers. She also illustrates what effect the justice cascade has had on democracy, conflict, and repression, and what it means for leaders and citizens everywhere, including the policymakers behind our own "war on terror."--From publisher description.
Humanitarianism: Keywords is a comprehensive dictionary designed as a compass for navigating the conceptual universe of humanitarianism.
List of Figures, Tables and Boxes p. vi Introduction: Concepts of Globalization p. 1 1 Perspectives on Globalization: Divergence or Convergence? p. 19 2 The History of Globalization: Pre-modern, Modern or Postmodern? p. 43 3 Technology, Economy and the Globalization of Culture p. 67 4 The Globalization of Culture: Homogeneous or Hybrid? p. 89 5 Global Migration: Inequality and History p. 105 6 The Effects of Migration: Is Migration a Problem or a Solution? p. 120 7 The Global Economy: Capitalism and the Economic Bases of Globalization p. 135 8 Global Inequality: Is Globalization a Solution to World Poverty? p. 159 9 Politics, the State and Globalization: The End of the Nation-state and Social Democracy? p. 188 10 Global Politics and Cosmopolitan Democracy p. 214 11 Anti-globalization and Global Justice Movements p. 239 12 The Future World Order: The Decline of American Power? p. 259 13 War and Globalization p. 287 Conclusion p. 310 Acknowledgements p. 316 References p. 317 Index.
In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.