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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.
Why do politicians think that war is the answer to terror when military intervention in Iraq, Afghanistan, Pakistan, Syria, Mali, Somalia and elsewhere has made things worse? Why do some conflicts never end? And how is it that practices like beheadings, extra-judicial killings, the bombing of hospitals and schools and sexual slavery are becoming increasingly common? In this book, renowned scholar of war and human security Mary Kaldor introduces the concept of global security cultures in order to explain why we get stuck in particular pathways to security. A global security culture, she explains, involves different combinations of ideas, narratives, rules, people, tools, practices and infrast...
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...
This Handbook brings together 30 state-of-the-art essays covering the essential aspects of global security research and practice for the 21st century. Embraces a broad definition of security that extends beyond the threat of foreign military attack to cover new risks for violence Offers comprehensive coverage framed around key security concepts, risks, policy tools, and global security actors Discusses pressing contemporary issues including terrorism, disarmament, genocide, sustainability, international peacekeeping, state-building, natural disasters, energy and food security, climate change, and cyber warfare Includes insightful and accessible contributions from around the world aimed at a broad base of scholars, students, practitioners, and policymakers
Reconciliation by Stealth advances a novel approach to evaluating the effects of transitional justice in postconflict societies. Through her examination of the Balkan conflicts, Denisa Kostovicova asks what happens when former adversaries discuss legacies of violence and atrocity, and whether it is possible to do so without further deepening animosities. Reconciliation by Stealth shifts our attention from what people say about war crimes, to how they deliberate past wrongs. Bringing together theories of democratic deliberation and peacebuilding, Kostovicova demonstrates how people from opposing ethnic groups reconcile through reasoned, respectful, and empathetic deliberation about a difficul...
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.
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...
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.
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.
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,...