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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The Transformation of Human Rights Fact-Finding

Edited by: Philip Alston, Sarah Knuckey

ISBN13: 9780190239497
Published: January 2016
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Paperback
Price: £45.99
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Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses.

In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny.

The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens.

It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory.

This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.

Human Rights and Civil Liberties
I. Introduction
1. Philip Alston and Sarah Knuckey, The Transformation of Human Rights Fact-Finding: Challenges and Opportunities

II. Critical Perspectives on Human Rights Fact-Finding
2. Frederic Megret, Do Facts Exist, Can they Be 'Found', and Does it Matter?
3. Obiora Okafor, International Human Rights Fact-Finding Praxis: A TWAIL Perspective
4. Dustin N. Sharp, Human Rights Fact-Finding and the Reproduction of Hierarchies
5. Fionnuala Ni Aolain,The Gender Politics of Fact-Finding in the Context of the Women, Peace and Security Agenda
6. Daniel Bonilla, Legal Clinics in the Global North and South: Between Equality and Subordination

III. Victims and Witnesses: Empowerment or Extraction?
7. Theo Boutruche, The Relationship between Fact-Finders and Witnesses in Human Rights Fact-Finding: What Place for the Victims?
8. Shreya Atrey, The Danger of a Single Story: Introducing Intersectionality in Fact-Finding
9. Rosette Muzigo-Morrison, Victims and Witnesses in Fact-Finding Commissions: Pawns or Principal Pieces?
10. Daniel Rothenberg, The Complex Truth of Testimony: A Case Study of Human Rights Fact-Finding in Iraq
11. Laura Marschner, Implications of Trauma on Testimonial Evidence in International Criminal Trials

IV. Fact-Finding for Advocacy, Enforcement, and Litigation: Purposes and Cross Purposes
12. Larissa van den Herik and Catherine Harwood, Commissions of Inquiry and the Charm of International Criminal Law: Between Transactional and Authoritative Approaches
13. Carsten Stahn and Dov Jacobs, The Interaction between Human Rights Fact-Finding and International Criminal Proceedings: Towards a (New) Typology
14. Pablo de Greiff, Truth without Facts: On the Erosion of the Fact-Finding Function of Truth Commissions
15. Taylor Pendergrass, Human Rights Fact-Finding in the Shadows of America's Solitary Confinement Prisons

V. The Role of Interdisciplinary Expertise and Methodologies
16. Margaret L. Satterthwaite and Justin C. Simeone, A Conceptual Roadmap for Social Science Methods in Human Rights Fact-Finding
17. Brian Root, Numbers are Only Human: Lessons for Human Rights Practitioners from the Quantitative Literacy Movement
18. Allison Corkery, Investigating Economic, Social, and Cultural Rights Violations

VI. New Technologies: Crowdsourcing, Social Media, and Big Data
19. Molly K. Land, Democratizing Human Rights Fact-Finding
20. Patrick Ball, The Bigness of Big Data: Samples, Models, and the Facts We Might Find When Looking at Data
21. Jay D. Aronson, Mobile Phones, Social Media, and Big Data in Human Rights Fact-Finding: Possibilities, Challenges, and Limitations
22. Susan R. Wolfinbarger, Remote sensing as a Tool for Human Rights Fact-Finding
23. Patrick Meier, Big (Crisis) Data: Humanitarian Fact-Finding with Advanced Computing

VII. Does Human Rights Fact-Finding Need International Guidelines?
24. Diane Orentlicher, International Norms in Human Rights Fact-Finding
25. Rob Grace and Claude Bruderlein, Developing Norms of Professional Practice in the Domain of Monitoring, Reporting, and Fact-Finding