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Why has Colombia's internal war become so entrenched? Why have peace efforts failed to produce durable agreements? Why has Colombia's long-standing democracy experienced such glaring failures? This book addresses these questions and delves into the underlying politics of these issues.
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
For the last thirty years, documented human rights violations have been met with an unprecedented rise in demands for accountability. This trend challenges the use of amnesties which typically foreclose opportunities for criminal prosecutions that some argue are crucial to transitional justice. Recent developments have seen amnesties circumvented, overturned, and resisted by lawyers, states, and judiciaries committed to ending impunity for human rights violations. Yet, despite this global movement, the use of amnesties since the 1970s has not declined. Amnesties, Accountability, and Human Rights examines why and how amnesties persist in the face of mounting pressure to prosecute the perpetra...
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This book re-imagines transitional justice as a movement, and explains why truth commissions are promoted and created. By exploring how the movement developed, as well as efforts to create truth commissions in the Balkans, Colombia, and the US, it examines the processes through which political actors translate transitional justice into political action.
This collection of essays questions the adequacy of explaining today's internal armed conflicts purely in terms of economic factors and re-establishes the importance of identity and grievances in creating and sustaining such wars. Countries studied include Lebanon, Angola, Colombia and Afghanistan.
When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory.
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, ...