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A new perspective on the history of transitional justice and why the discourse prioritises particular responses to human rights violations.
Will appeal to scholars, practitioners and general readers engaging with treaty interpretation at all levels and will enhance the reader's knowledge and mastery of the interpretive process. It will shed light on all those relevant elements and/or connections that the traditional rule-based approach to treaty interpretation largely overlooks.
Rethinking the concepts of "witnessing" and "witness" is highly relevant to the study of war crimes, mass murder and genocide. Through multiple readings, the volume shows the meanings and functions of witnessing in a political and historical context marked by the emergence of multiculturalism. The ultimate goal is the exploration of divergent and intersectional positions of the witness and witnessing as both concrete and hermeneutical categories. As a result, the mechanisms of social, political, and psychological oppression, murder and genocide will become tangible and understandable with greater precision and finesse.
Informers are generally reviled. After all, 'snitches get stitches.' Informers who report to repressive regimes are particularly disdained. While informers may themselves be victims enlisted by the state, their actions cause other individuals to suffer significant harm. Informers, then, are central to the proliferation of endemic human rights abuses. Yet, little is known about exactly why ordinary people end up informing on--at times betraying--other people to state authorities. Through a case-study of Communist Czechoslovakia (1945-1989) that draws from secret police archives, oral histories, and a broad gamut of secondary sources, this book unearths what fuels informers to speak to the sec...
Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.
Drawing on novel case studies, this book provides the first substantive theoretical framework for understanding transitional justice and visual art.
The history of international dispute resolution is long and complex. Peaceful dispute resolution can forestall conflict, promote peace, and provide a framework for co-operation amongst nations. Nowhere is this potential more articulated than in the work of international judge, arbitrator, and professor, David D. Caron (1952-2018). In his work and his scholarship, he modelled how international dispute resolution can promote stability in world affairs. This collection of essays by distinguished scholars and practitioners commemorates and expands upon Caron's work by exploring the work of international dispute resolution institutions and conventions, including the Permanent Court of Arbitration...
This book examines how justice and reconciliation in world politics should be conceived in response to the injustice and alienation of modern colonialism?
Reimagines the fields of transitional justice and cultural heritage, showing how law shapes cultural identities in unanticipated yet powerful ways.
This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.