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Assessing the Long-Term Impact of Truth Commissions
In 1990, after the end of the Pinochet regime, the newly-elected democratic government of Chile established a Truth and Reconciliation Commission (TRC) to investigate and report on some of the worst human rights violations committed under the seventeen-year military dictatorship. The Chilean TRC was one of the first truth commissions established in the world. This book examines whether and how the work of the Chilean TRC contributed to the transition to democracy in Chile and to subsequent developments in accountability and transformation in that country. The book takes a long term view on the Chilean TRC asking to what extent and how the truth commission contributed to the development of th...
Transitional Justice
KGB Files and Agents.
Burying the Past
No one can deny how September 11, 2001, has altered our understandings of "Peace" and "Justice" and "Civil Conflict." Those have become words with startling new life in our vocabularies. Yet "making" peace and "doing" justice must remain challenges that are among the highest callings of humanity—especially in a terror-heightened world. Nigel Biggar, Christian ethicist and editor of this now more than ever "must read" (Choice) volume, newly expanded and updated, addresses head-on the concept of a redemptive burying of the past, urging that the events of that infamous date be approached as a transnational model of conflict-and suggesting, wisely and calmly, that justice can be even the bette...
The Investigative Brigade
During the seventeen-year Pinochet dictatorship, more than three thousand Chileans were murdered or disappeared without a trace. In 1991, a year after the brutal military regime ended, the new civilian government tasked the nation's detective force to investigate these crimes. Chilean journalist Pascale Bonnefoy tells the dramatic story of the detectives who hunted down and attempted to bring human rights violators to account. Led by a tiny group called Department V, the effort took place in the context of a frail transition to democracy and while the force itself was undergoing profound reforms. With Pinochet still in charge of the army, a center-left government tested how far it could go t...
Confronting Past Human Rights Violations
This book examines what makes accountability for previous abuses more or less possible for transitional regimes to achieve. It closely examines the other vital goals of such regimes against which accountability is often balanced. The options available are not simply prosecution or pardon, as the most heated polemics of the debate over transitional justice suggest, but a range of options, from complete amnesty through truth commissions and lustration or purification to prosecutions. The question, then, is not whether accountability can be achieved, but what degree of accountability can be achieved by a given country.
New Constitutionalism in Latin America
Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doct...
Dignity and Human Rights
SECTION I: INTRODUCTION AND CONTEXT
Globalizing Human Rights
This collection presents a comprehensive engagement of issues of human rights in an increasingly globalized world. As the role of the rule of law has moved beyond the confines of the state and beyond the interactions of states, how and when law protects human rights has become a central issue of concern. These essays shed light on both the immediate and the long-term future of a variety of issues located at the intersection of globalized law and the protection of the rights of individuals. Here both top-down mechanisms and bottom-up mechanisms for the fulfilment of human rights are artfully explained. This volume presents frontiers of research in human rights in both substance and approach using a variety of methodologies to engage issues ranging from national court compliance, norm diffusion, and the role of the judiciary in fulfilling human rights to human trafficking, same-sex marriage, and judicial institution building through non-governmental organizations. This book was published as a special issue of the Journal of Human Rights.
The Internationalization of Palace Wars
How does globalization work? Focusing on Latin America, Yves Dezalay and Bryant G. Garth show that exports of expertise and ideals from the United States to Argentina, Brazil, Chile, and Mexico have played a crucial role in transforming their state forms and economies since World War II. Based on more than 300 extensive interviews with major players in governments, foundations, law firms, universities, and think tanks, Dezalay and Garth examine both the production of northern exports such as neoliberal economics and international human rights law and the ways they are received south of the United States. They find that the content of what is exported and how it fares are profoundly shaped by...
