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Transitional Justice and Corporate Accountability from Below
Bruno Tesch was tried and executed for his company's Zyklon B gas used in Nazi Germany's extermination camps. This book examines this trial and the more than 300 other economic actors who faced prosecution for the Holocaust's crimes against humanity. It further tracks and analyses similar transitional justice mechanisms for holding economic actors accountable for human rights violations in dictatorships and armed conflict: international, foreign, and domestic trials and truth commissions from the 1970s to the present in every region of the world. This book probes what these accountability efforts are, why they take place, and when, where, and how they unfold. Analysis of the authors' original database leads them to conclude that 'corporate accountability from below' is underway, particularly in Latin America. A kind of Archimedes' lever places the right tools in weak local actors' hands to lift weighty international human rights claims, overcoming the near absence of international pressure and the powerful veto power of business.
Seeking Justice
Seeking Justice: Access to Remedy for Corporate Human Rights Abuse explores victims' varying experiences in seeking remedy mechanisms for corporate human rights abuse. It puts forward a novel theory about the possibility of productive contestation and explores governance outcomes for victims of corporate human rights abuse across Latin America. This foundation informs three pathways that victims can use to press for their rights: working within the institutional environment, capitalizing on corporate characteristics, and elevating voices. Seeking Justice challenges the common assumptions in the governance gap literature and argues, instead, that greater democratic practices can emerge from productive contestation. This book brings to bear tough questions about the trade-offs associated with economic growth and conflicting values around human dignity-questions that are very salient today, as citizens around the globe contemplate the type of democratic and economic systems that might better prepare us for tomorrow.
Transitional Justice and Corporate Accountability from Below
Examines when, where, why, and how corporate accountability for past human rights violations in armed conflicts and authoritarian regimes is possible.
The Limits of Judicialization
Latin America was one of the earliest and most enthusiastic adopters of what has come to be known as the judicialization of politics - the use of law and legal institutions as tools of social contestation to curb the abuse of power in government, resolve policy disputes, and enforce and expand civil, political, and socio-economic rights. Almost forty years into this experiment, The Limits of Judicialization brings together a cross-disciplinary group of scholars to assess the role that law and courts play in Latin American politics. Featuring studies of hot-button topics including abortion, state violence, judicial corruption, and corruption prosecutions, this volume argues that the institutional and cultural changes that empowered courts, what the editors call the 'judicialization superstructure,' often fall short of the promise of greater accountability and rights protection. Illustrative and expansive, this volume offers a truly interdisciplinary analysis of the limits of judicialized politics.
The Local Impact of the International Criminal Court The Local Impact of the International Criminal Court
The International Criminal Court seeks to end impunity for the world's worst crimes, to contribute to their prevention. But what is its impact to date? This book takes an in-depth look at four countries under scrutiny of the ICC: Afghanistan, Colombia, Libya, and Uganda. It puts forward an analytical framework to assess the impact of the ICC on four levels: on the domestic legal systems (systemic effect); on peace negotiations and agreements (transformative effect); on victims (reparative effect); and on the perceptions of affected populations (demonstration effect). It concludes that the ICC is having a normative impact on domestic legal systems and peace agreements, but it has brought little reparative justice for victims, and it does not necessarily correspond with how affected populations view justice priorities. The book concludes that justice for the world's worst crimes has no 'universal formula' that can easily be captured in law by one institution.
The Condor Trials
Stories of transnational terror and justice illuminate the past and present of South America’s struggles for human rights. Through the voices of survivors, human rights activists, judicial actors, and experts, The Condor Trials unravels the secrets of transnational repression masterminded by South American dictators between 1969 and 1981. Under Operation Condor, the regimes of Argentina, Bolivia, Brazil, Chile, Paraguay, and Uruguay closely monitored hundreds of exiles and kidnapped, tortured, murdered, or forcibly returned them to their countries of origin. This cross-border network designed to silence opposition in exile transformed South America into a borderless zone of terror and impunity. Francesca Lessa shows how, gradually, transnational networks of activists materialized and effectively transcended national borders to achieve justice for the victims of these horrors. Based on extensive fieldwork, archival research, trial ethnography, and over 100 interviews, The Condor Trials explores South America’s past and present and sheds light on ongoing struggles for justice as its societies come to terms with the unparalleled atrocities of their not-so-distant pasts.
Human Rights and the UN Universal Periodic Review Mechanism
The Universal Periodic Review (UPR) is a peer-review mechanism, reviewing all 193 UN Member States’ protection and promotion of human rights. After ten years of the existence of the UPR mechanism, this collection examines the effectiveness of the UPR, theoretical and conceptual debates about its modus operandi, and the lessons that can be drawn across different regions/states to identify possible improvements. The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative, and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation. D...
Pinochet's Economic Accomplices
With a focus on Chile, Pinochet’s Economic Accomplices: An Unequal Country by Force uses theoretical arguments and empirical studies to argue that focusing on the behavior of economic actors of the dictatorship is crucial to achieve basic objectives in terms of justice, memory, reparation, and non-repetition measures. This book makes visible a number of cases of economic complicity with the Chilean dictatorship and explains their links with the radical inequalities the country has today while proposing a theoretical framework for their study. Scholars of Latin American studies, history, sociology, economics, business, and human rights will find this book particularly useful.
