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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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The Politics of the Death Penalty in Countries in Transition

Edited by: Madoka Futamura, Nadia Bernaz

ISBN13: 9780415827393
Published: August 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781138639546

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It is clear that despite international legal developments on capital punishment the death penalty remains a contentious issue, especially in countries that have experienced the worst forms of violence. Discussions on the death penalty are frequently part of transition processes, whether this leads to abolishing, reinstalling or simply retaining capital punishment. For countries emerging from conflict and/or authoritarian government, the death penalty policy seems to be not only a question of human rights but also closely tied to issues of order, security, governance and justice. The issues surrounding the death penalty seem to differ in transitional states, compared with established democracies, such as the United States and Japan, or non-democratic countries, such as China.

The book focuses on the political and legal issues raised by the death penalty in "countries in transition", understood as countries that have transitioned or are transitioning from conflict to peace, or from authoritarianism to democracy. The book seeks to understand various factors that shape decisions on the death penalty in countries in transition and analyses how policy decisions on the death penalty are shaped by transition processes and in what way they relate to and/or clash with other transitional agendas. The book provides the readers with case studies that have rarely been explored including Bosnia and Herzegovina, Rwanda, Sierra Leone, Cambodia, Iraq, South Korea, Argentina and countries in North Africa which have experienced the 'Arab Spring', exploring in detail how the politics of the death penalty are embedded in complex post-conflict or post-authoritarian state-building processes.

Human Rights and Civil Liberties
Foreword, William Schabas
1. Introduction, Madoka Futamura and Nadia Bernaz Part 1: The Death Penalty in Transitional Contexts
2. The Death Penalty and the Issue of Transition, Madoka Futamura
3. Democracy, Democratization and the Death Penalty, Christopher Hobson
4. Peacebuilding and the Death Penalty, TBC Part 2: Selected Case studies
5. The Death Penalty and Post-Conflict Peace-Building in the Balkans, the Case of Bosnia and Herzegovina, Nada Davis
6. The Abolition of the Death Penalty in Rwanda: A Call for Universal Abolition, Aime Kalimunda
7. The Politics of the Death Penalty in Post-Conflict Sierra Leone: An Opportunity for Reform or a Missed Opportunity?, Mohamed Suma
8. The Politics of the Death Penalty in Cambodia, Nina H. B. Jorgensen
9. The Politics of the Death Penalty in Iraq, Michael Newton
10. Argentina: Transitional Justice, Democratization and the Politics of the Death Penalty, Par Engstrom
11. The Death Penalty Moratorium in South Korea: Democratic Transition and Political Leadership, Sangmin Bae
12. The "Arab Spring": New Opportunities for Abolishing the Death Penalty in North Africa, Amor Boubakri
13. Conclusion, Madoka Futamura and Nadia Bernaz