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Establishes a framework for analyzing and assessing the accountability mechanisms of international organizations, and applies it to three case studies.
State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.
In a unique contributed volume that features chapters written by top scholars paired with practitioner responses, students can see just how much the landscape of intergovernmental relations has evolved in recent years, with diminishing vertical flows of resources, and increased horizontal flows in the form of cross-jurisdictional and interlocal collaboration.
This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.
The design of intergovernmental fiscal transfers has a strong bearing on efficiency and equity of public service provision and accountable local governance. This book provides a comprehensive one-stop window/source of materials to guide practitioners and scholars on design and worldwide practices in intergovernmental fiscal transfers and their implications for efficiency, and equity in public services provision as well as accountable governance.
Rebuilding societies where conflict has occurred is rarely a simple process. Where conflict has been accompanied by gross and systematic violations of human rights, the procedure becomes very controversial. The traditional debate on "transitional justice" sought to balance justice, truth, accountability, peace, and stability. The appearance of impunity for past crimes undermines confidence in new democratic structures and casts doubt upon commitments to human rights. Yet the need to consolidate peace sometimes resulted in reluctance on the part of authorities --both local and international --to confront suspected perpetrators of human rights violations, especially when they are a part of a peace process. Experience in many regions of the world therefore suggested a tradeoff between peace and justice. But that is changing. There is a growing consensus that some forms of justice and accountability are integral to --rather than in tension with --peace and stability. This volume considers whether we are truly going beyond the transitional justice debate. It brings together eminent scholars and practitioners with direct experience in some of the most challenging cases of international justice, and illustrates that justice and accountability remain complex, but not mutually exclusive, ideals.
?Zweifel?s persuasive and highly relevant book is a significant contribution to the literature on IO governance.? ?Edward McMahon, University of VermontDo international organizations represent the interests of the global citizenry? Or are they merely vehicles for the agendas of powerful nations and special interests? Thomas Zweifel explores this increasingly contentious issue, deftly blending history, theory, and case studies.Zweifel?s analysis covers both regional organizations (e.g., the EU, NAFTA, NATO, the AU) and such global institutions as the United Nations, the World Bank, and the World Trade Organization. With international organizations becoming perhaps the most appropriate?if not the only?forum for tackling myriad transnational challenges, his systematic study of how these organizations function is central to the study of both international relations and democracy in the 21st century.Thomas D. Zweifel, CEO of the Swiss Consulting Group, is also adjunct professor at Columbia University?s School of International and Public Affairs. Previously, he served as director of global operations for the Hunger Project.Contents: The Democratic Deficit of International Organizations. An Approach to Transnational Democracy. A Brief History of International Organization. The United Nations. The World Bank. The International Monetary Fund. The World Trade Organization. The European Union. From OAU to African Union. Other Regional Organizations: NAFTA, NATO, and ASEAN. Global Citizenship?
This book examines critical challenges in achieving accountability for genocide, crimes against humanity, and war crimes, focussing in particular on the relationship between national and international accountability mechanisms in pursuing key goals over the past decade. The essays in this volume provide an in-depth look at the goals and mechanisms of accountability in a variety of cases: the former Yugoslavia; Rwanda; Sierra Leone; Cambodia; Argentina and El Salvador; East Timor and Indonesia; and Belgium's prosecution of war crimes under its universal jurisdiction law. By analyzing the goals pursued in each case, the relationship between domestic and international mechanisms, the relative emphasis on criminal and non-criminal forms of accountability, and the effectiveness of the chosen approaches, this volume offers important lessons for the ICC and highlights the continuing need for innovative forms of international assistance to advance specific accountability goals in particular countries. Published under the Transnational Publishers imprint.