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Since the dawn of human speech and interaction, there have been conflicts among individuals, regions, and whole nations. Disagreements, miscommunications, no matter the name they take; conflicts will continue to be present in every field of work or study. New technologies such as social media have extended people’s ability to communicate, and therefore dispute, making additional research and practical solutions for resolving conflict all the more necessary. Interdisciplinary Perspectives on Contemporary Conflict Resolution presents theoretical perspectives on the causes of diverse conflicts, approaches novel disputes and the technology associated therein, and provides readers with multifaceted solutions to the myriad of potential arguments and disagreements that arise as part of the human condition. This interdisciplinary publication is a critical resource for researchers, legal practitioners, policy makers, government officials, and students and educators in the fields of political science, communication studies, and business.
Numerous studies concerning transitional justice exist. However, comparatively speaking, the effects actually achieved by measures for coming to terms with dictatorships have seldom been investigated. There is an even greater lack of transnational analyses. This volume contributes to closing this gap in research. To this end, it analyses processes of coming to terms with the past in seven countries with different experiences of violence and dictatorship. Experts have drawn up detailed studies on transitional justice in Albania, Argentina, Ethiopia, Chile, Rwanda, South Africa and Uruguay. Their analyses constitute the empirical material for a comparative study of the impact of measures intro...
This title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.
Drawing on the findings of a comparative research project, this volume tackles a set of intricate questions about the workings of impunity in India. How do victims of abuse and survivors of sexual violence end up being denied justice? What do those on the margins—those with the wrong sex, wrong identity markers, wrong political leanings— tell us about violence by state and non-state actors? Bringing together senior academics, civil society leaders and fresh voices from the across India, the volume offers analysis — contextual, structural and gendered — and breaks new conceptual ground on the underbelly of India Shining. The volume contains testimonies that were collected during fieldwork in four Indian states. Published by Zubaan.
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.
Winner of the Walther Hug Prize 2021. Read more. In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.
Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.
Most of the world knows Uruguay only for its soccer team, or its vaunted title as the "Switzerland of South America," an enduring moniker given to the country for its earlier social welfare policies and relative stability. Even many scholarly narratives of Latin America fail to integrate the country into historical accounts, reducing the country to, as one historian has explained, "a periphery within the periphery that is Latin America." This volume challenges that characterization, taking one of the most innovative small states in the region and analyzing its transnational influence on the world. Uruguay in Transnational Perspective takes a broad look at the country’s three-hundred-year h...
This book examines the intergenerational transmission of traumatic memories of the dictatorship in the aftermath of the two first decades since the Uruguayan dictatorship of 1973-1984 in the broader context of public policies of denial and institutionalized impunity. Transitional justice studies have tended to focus on countries like Argentina or Chile in the Southern Cone of Latin America. However, not much research has been conducted on the "silent" cases of transitions as a result of negotiated pacts. The literature on memory trauma and impunity has much to offer to studies of transition and post-authoritarianism. This book situates the human and cultural experience of state terrorism fro...