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Globalizing Transitional Justice: Contemporary Essays (eBook)


ISBN13: 9780190291136
Published: June 2014
Publisher: Oxford University Press USA
Country of Publication: USA
Format: eBook (ePub)
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Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Whether one thinks of the Middle East, South Africa, the Balkans, Latin America, or Cambodia, an extraordinary amount of knowledge has been gained and processes instituted through transitional justice. No longer a byproduct or afterthought, transitional justice is unquestionably the driver of political change.

In Globalizing Transitional Justice, Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book Transitional Justice published back in 2000. In this new book, Teitel focuses on the ways in which transitional justice concepts have found legal expression, especially through human rights law and jurisprudence, and international criminal law. These essays shed light on some of the difficult choices encountered in the design of transitional justice: criminal trials vs. amnesties, or truth commissions; domestic or international processes; peace and reconciliation vs. accountability and punishment. Transitional justice is considered not only in relation to political events and legal developments, but also in relation to the broader social and cultural tendencies of our times.

Subjects:
Human Rights and Civil Liberties, eBooks
Contents:
Introduction

Part I: Overview
1. Transitional Justice Globalized

Part II: Roots
2. The Universal and the Particular in International Criminal Justice
3. Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal and Their Legacy)

Part III: Narratives
4. Transitional Justice Genealogy
5. Bringing the Messiah Through the Law
6. Transitional Justice as Liberal Narrative

Part IV: Conflict, Transition and the Rule of Law
7. The Law and Politics of Contemporary Transitional Justice
8. Rethinking Jus Post Bellum in an Age of Global Transitional Justice: Engaging with Michael Walzer and Larry May, Symposium Issue on Just and Unjust Wars
9. Transitional Rule of Law
10. The Alien Tort and Global Rule of Law
11. Transitional Justice and the Transformation of Constitutionalism

Epilogue
Index