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Nationalism and the Rule of Law
The relationship between nationalism and the rule of law has been largely neglected by scholars although separately they have often captured public discourse and have emerged as critical concepts. This book provides the first systematic account of this relationship. It develops an analytical framework for understanding the interactions of nationalism and the rule of law by focusing on the domains of citizenship, transitional justice and international justice. The book engages these insights further in a detailed empirical analysis of three case studies from the former Yugoslavia. The author argues that while the tensions and contradictions between nationalism and the rule of law have become more apparent in the post-Cold War era, they can also be harnessed for productive purposes. In exploring the role of law in managing and transforming nationalism, the book emphasises the deliberative character of legal processes and offers an original perspective on the power of international law to reshape public discourse, politics, and legal orders.
Building a Future on Peace and Justice
Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principl...
Global Civil Society 2011
Global Civil Society 2011 combines activist and academic accounts of contemporary struggles to promote, negotiate and deliver justice in a global frame without a central authority. In their engagement with cultural diversity and their networked communication the contributors rethink and remake justice beyond the confines of the nation state.
Politics in South Asia
The book introduces central themes that have preoccupied the field of South Asian politics over the last few decades and identifies new, emerging areas of research. Presenting both general political theory and context-specific case studies, the collection draws attention to the methodological challenges of working on an area-specific theme and the importance of generating generalizable insights linked to theory. Hence it will be of interest for political scientists working on South Asian politics as well as on other non-Western societies. The collection represents an unusually broad survey of scholarship emerging from a range of leading academic centres in the field.
The Handbook of Global Health Policy
The Handbook of Global Health Policy provides a definitive source of the key areas in the field. It examines the ethical and practical dimensions of new and current policy models and their effect on the future development of global health and policy. Maps out key debates and policy structures involved in all areas of global health policy Isolates and examines new policy initiatives in global health policy Provides an examination of these initiatives that captures both the ethical/critical as well as practical/empirical dimensions involved with global health policy, global health policy formation and its implications Confronts the theoretical and practical questions of ‘who gets what and why’ and ‘how, when and where?’ Captures the views of a wide array of scholars and practitioners, including from low- and middle-income countries, to ensure an inclusive view of current policy debates
Humanity's Law
In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is...
Making Sense of Mass Atrocity
Genocide, crimes against humanity, and the worst war crimes are possible only when the state or other organisations mobilise and co-ordinate the efforts of many people. Responsibility for mass atrocity is always widely shared, often by thousands. Yet criminal law, with its liberal underpinnings, prefers to blame particular individuals for isolated acts. Is such law, therefore, constitutionally unable to make any sense of the most catastrophic conflagrations of our time? Drawing on the experience of several prosecutions, this book both trenchantly diagnoses the law's limits at such times and offers a spirited defence of its moral and intellectual resources for meeting the vexing challenge of holding anyone criminally accountable for mass atrocity. Just as war criminals develop new methods of eluding law's historic grasp, so criminal law flexibly devises novel responses to their stratagems. Mark Osiel examines several such legal innovations in international jurisprudence and proposes still others.
Global Civil Society 2012
Activists and academics look back over ten years of 'politics from below', and ask whether it is merely the critical gaze upon the concept that has changed – or whether there is something genuinely new about the way in which civil society is now operating.
Peacebuilding and Friction
This book aims to understand the processes and outcomes that arise from frictional encounters in peacebuilding, when global and local forces meet. Building a sustainable peace after violent conflict is a process that entails competing ideas, political contestation and transformation of power relations. This volume develops the concept of ‘friction’ to better analyse the interplay between global ideas, actors, and practices, and their local counterparts. The chapters examine efforts undertaken to promote sustainable peace in a variety of locations, such as Cambodia, Sri Lanka, Afghanistan, and Sierra Leone. These case analyses provide a nuanced understanding not simply of local processes,...
The Decline and Fall of Republican Afghanistan
The Taliban's takeover of Afghanistan in 2021 was the result of declining active support for the government, and of waste and inefficiency in aid delivery. Yet, while corrosive, these problems were not in themselves sufficient to have brought about a collapse. To a significant degree, they were the result of early failings in institutional design, reflecting an American inclination to pursue short-term policy approaches that created perverse incentives-thus interfering with the long-term objective of stability. This book exposes the true factors underpinning Kabul's fall. The Afghan Republic came under relentless attack from Taliban insurgents who depended critically on Pakistani support. It also suffered a creeping invasion that put the government on the back foot as the US tried and failed to deal with Pakistan's perfidy. The fatal blow came when bored US leaders naively cut an exit deal with the enemy, fatally compromising the operation of the Afghan army and air force and triggering the final collapse, with top leaders at odds over whether to make a final stand in Kabul. The Afghan Republic did not simply decline and fall. It was betrayed.
