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This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace.
This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace. Cecilia M. Bailliet offers an overview of the normative and institutional development of peace in Latin America, before examining the heterogeneous iterations of peace within Latin American constitutions and the pluralistic views of current and former judges in the Inter-American Court of Human Rights. The book argues that these national variants should be in accordance with the American Convention on Human Rights and related instruments as a minimum framework, and should be interpreted in pursuit of the pro homine principle, in which the most favourable law is applied to benefit individuals regardless of its origin or status. It also presents an overview of the historic protest marches of 2019 and the phenomenon of oppressive peace tactics by the State. This book will be critical reading for scholars and students of peace studies, human rights, Latin American studies, gender studies, constitutional and international public law, and legal history. It will also be of interest for policy makers and peace practitioners both in Latin America and beyond.
In the era of globalization, awareness surrounding issues of violence and human rights violations has reached an all-time high. In a world where billions of human beings have the potential to create endless destruction, these same individuals are capable of working cooperatively to create adequate solutions to current global problems. The Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions focuses on current issues facing nations and regions where poverty and conflict are endangering the lives of citizens as well as the socio-economic viability of those regions. Highlighting crucial topics and offering potential solutions to problems relating to domestic and international conflict, societal safety and security, as well as political instability, this comprehensive publication is designed to meet the research needs of economists, social theorists, politicians, policy makers, human rights activists, researchers, and graduate-level students across disciplines.
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
A strong counter-argument to the universalising discourse on proportionality and global constitutionalism.
One of the longest and seemingly most intractable civil wars in Latin America was brought to an end by the signing of the Peace Accords between the Guatemalan government and the Unidad Revolucionaria Nacional Guatemalteca (URNG) in December 1996. The essays in this volume evaluate progress made in the implementation of the peace agreements and signal some of the key challenges for future political and institutional reform. The volume opens with a chapter by Gustavo Porras, the government's main negotiator in the peace process. The first section then examines the issue of demilitarization. This is followed by aspects of indigenous rights in the peace process, including conceptual frameworks for rights advancement, the harmonization of state law and customary law, and the challenges of nation-state and citizenship construction. The next section examines issues of truth, justice, and reconciliation, and assesses prospects for the Truth Commission. The volume closes with an analysis of different aspects of political reform in Guatemala and includes comments made on the chapters and developed in the debate which took place at the conference on which it is based. The contributors are Marta Altolaguirre*, Marta Elena Casaús*, Demetrio Cojtí*, Edgar Gutiérrez*, Frank La Rue, Roger Plant, Gustavo Porras*, Alfonso Portillo*, Jennifer Schirmer, Rachel Sieder, David Stoll, Rosalina Tuyuc*, Anna Vinegrad, Richard Wilson (* chapters in Spanish).