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With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted...
This book offers an international breadth of historical and theoretical insights into recent efforts to "decolonise" legal education across the world. With a specific focus on post- and decolonial thought and anti-racist methods in pedagogy, this edited collection provides an accessible illustration of pedagogical innovation in teaching and learning law. Chapters cover civil and common law legal systems, incorporate cases from non-state Indigenous legal systems, and critically examine key topics such as decolonisation and anti-racism in criminology, colonialism and the British Empire, and court process and Indigenous justice. The book demonstrates how teaching can be modified and adapted to address long-standing injustice in the curriculum. Offering a systematic collection of theoretical and practical examples of anti-racist and decolonial legal pedagogy, this volume will appeal to curriculum designers and law educators as well as to undergraduate and post-graduate law level teachers and researchers.
This edited collection is the first book-length academic publication on the Palestinian Bedouins at risk of forced displacement in the Central West Bank and Greater Jerusalem area. At its core are two questions: firstly; what are the humanitarian vulnerabilities they face and how are they produced/constructed? And secondly, how does protracted impunity for international law violations drive humanitarian protection risks for them? It interweaves international law, community-based empirical research and interdisciplinary perspectives, to offer the broadest possible framework for understanding these complex and complicated questions.
Is it legal to kill, or capture and confine, a person in war? This monograph addresses this heavily contested question from an interdisciplinary perspective, combining doctrinal, social-theoretical, and socio-legal approaches.--
This book explores the potential of international human rights law to resolve one of the gravest human rights violations to have surfaced post 9/11: extraordinary rendition. Although infamously deployed as a counter-terrorism technique, substantial evidence confirms that European states colluded in the practice by facilitating the transportation of suspects through their airspace or airports and in some cases, secret detention on their territories. Despite recent findings of the European Court of Human Rights, difficulties persist in holding many European States accountable for the role they played both at the domestic and international level. Distinguishing between various forms of accountability and interrogating the evolving parameters of international human rights law, this volume will fill gaps in extraordinary rendition literature and influence the policies of European States.
This edited collection seeks to map the landscape of contemporary informational interests, to evaluate a range of recognised and putative rights and wrongs associated with modern information societies, and to consider how law, regulation, and governance should be deployed in response. New technologies and new applications constantly disrupt our values, our framing of our world, and our sense of where we are and who we are. In our ‘information societies’, we entertain mixed hopes and expectations, as well as significant fears and concerns. At the root of these, there are a number of informational interests, on the basis of which certain rights are claimed and particular wrongs denounced. ...
The European Court of Human Rights in the Post-Cold War Era: Universality in Transition examines transitional justice from the perspective of its impact on the universality of human rights, taking the jurisprudence of the European Court of Human Rights as its detailed case study. The problem is twofold: there are questions about differences in human rights standards between transitional and non-transitional situations, and about differences between transitions. The European Court has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable,...
Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.
The UN is the guardian of international law. But what does its handling of Palestine reveal about this lofty claim?
This volume offers the first dedicated scholarly comparison of Colombia and South Africa in relation to the intersecting ideas of transitional justice, distributive justice, and transformative constitutionalism.