Author: Richard A. Falk
Publisher: Psychology Press
ISBN: 9780415925136
Category : Political Science
Languages : en
Pages : 284
Book Description
1. Pursuing global justice
Human Rights Horizons
Globalizing Justice for Mass Atrocities
Author: Chandra Lekha Sriram
Publisher: Routledge
ISBN: 1134197233
Category : History
Languages : en
Pages : 202
Book Description
This major new study examines the developing practice of universal jurisdiction, as well as the broader phenomenon of "globalizing" justice, and its ramifications. With a detailed overview of the contemporary practice of universal jurisdiction, it discerns three trends at work: pure universal jurisdiction, universal jurisdiction "plus", and non-use. It also argues that these disparities in practice should raise serious concerns as to the legitimacy and perceived legitimacy of such globalized justice. It then turns to a further consideration, that of globalized justice, precisely because it takes place far from the locus of the crime, and is therefore "externalized" and may fail to achieve many of its putative goals. In addition, this is a key assessment of civil accountability, through the use of the Alien Tort Claims Act in the United States. It details how the use of civil penalties may offer new avenues for redress, particularly with relation to group accountability, whether that of armed groups or of corporations. However, it balances this approach to accountability with recognition of certain flaws within externalized criminal accountability. This study also focuses on mixed tribunals, or other methods of internationalized justice as viable alternatives, which may avoid some of the problems with external justice, but are themselves far from perfect. Mixed or hybrid tribunals in East Timor and Sierra Leone represent different models of hybrid justice and provide the reader with excellent examples of these new forms of justice in action. This book will be of great interest to all students and scholars of human rights international law and political science.
Publisher: Routledge
ISBN: 1134197233
Category : History
Languages : en
Pages : 202
Book Description
This major new study examines the developing practice of universal jurisdiction, as well as the broader phenomenon of "globalizing" justice, and its ramifications. With a detailed overview of the contemporary practice of universal jurisdiction, it discerns three trends at work: pure universal jurisdiction, universal jurisdiction "plus", and non-use. It also argues that these disparities in practice should raise serious concerns as to the legitimacy and perceived legitimacy of such globalized justice. It then turns to a further consideration, that of globalized justice, precisely because it takes place far from the locus of the crime, and is therefore "externalized" and may fail to achieve many of its putative goals. In addition, this is a key assessment of civil accountability, through the use of the Alien Tort Claims Act in the United States. It details how the use of civil penalties may offer new avenues for redress, particularly with relation to group accountability, whether that of armed groups or of corporations. However, it balances this approach to accountability with recognition of certain flaws within externalized criminal accountability. This study also focuses on mixed tribunals, or other methods of internationalized justice as viable alternatives, which may avoid some of the problems with external justice, but are themselves far from perfect. Mixed or hybrid tribunals in East Timor and Sierra Leone represent different models of hybrid justice and provide the reader with excellent examples of these new forms of justice in action. This book will be of great interest to all students and scholars of human rights international law and political science.
Globalizing Transitional Justice
Author: Ruti G. Teitel
Publisher: Oxford University Press
ISBN: 0199750149
Category : Law
Languages : en
Pages : 256
Book Description
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.
Publisher: Oxford University Press
ISBN: 0199750149
Category : Law
Languages : en
Pages : 256
Book Description
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.
Globalizing Justice
Author: Donald W. Jackson
Publisher: State University of New York Press
ISBN: 143843071X
Category : Political Science
Languages : en
Pages : 315
Book Description
Essays assessing the impact of globalization on law and court systems across the world.
Publisher: State University of New York Press
ISBN: 143843071X
Category : Political Science
Languages : en
Pages : 315
Book Description
Essays assessing the impact of globalization on law and court systems across the world.
Globalizing Justice
Author: Richard W. Miller
Publisher: OUP Oxford
ISBN: 0191614858
Category : Philosophy
Languages : en
Pages : 350
Book Description
Combining deep moral argument with extensive factual inquiry, Richard Miller constructs a new account of international justice. Though a critic of demanding principles of kindness toward the global poor and an advocate of special concern for compatriots, he argues for standards of responsible conduct in transnational relations that create vast unmet obligations. Governments, firms and people in developed countries, above all, the United States, by failing to live up to these responsibilities, take advantage of people in developing countries. Miller's proposed standards of responsible conduct offer answers to such questions as: What must be done to avoid exploitation in transnational manufacturing? What framework for world trade and investment would be fair? What duties do we have to limit global warming? What responsibilities to help meet basic needs arise when foreign powers steer the course of development? What obligations are created by uses of violence to sustain American global power? Globalizing Justice provides new philosophical foundations for political responsibility, a unified agenda of policies for responding to major global problems, a distinctive appraisal of 'the American empire', and realistic strategies for a global social movement that helps to move humanity toward genuine global cooperation.
Publisher: OUP Oxford
ISBN: 0191614858
Category : Philosophy
Languages : en
Pages : 350
Book Description
Combining deep moral argument with extensive factual inquiry, Richard Miller constructs a new account of international justice. Though a critic of demanding principles of kindness toward the global poor and an advocate of special concern for compatriots, he argues for standards of responsible conduct in transnational relations that create vast unmet obligations. Governments, firms and people in developed countries, above all, the United States, by failing to live up to these responsibilities, take advantage of people in developing countries. Miller's proposed standards of responsible conduct offer answers to such questions as: What must be done to avoid exploitation in transnational manufacturing? What framework for world trade and investment would be fair? What duties do we have to limit global warming? What responsibilities to help meet basic needs arise when foreign powers steer the course of development? What obligations are created by uses of violence to sustain American global power? Globalizing Justice provides new philosophical foundations for political responsibility, a unified agenda of policies for responding to major global problems, a distinctive appraisal of 'the American empire', and realistic strategies for a global social movement that helps to move humanity toward genuine global cooperation.
Scales of Justice
Author: Nancy Fraser
Publisher: John Wiley & Sons
ISBN: 0745658911
Category : Political Science
Languages : en
Pages : 179
Book Description
Until recently, struggles for justice proceeded against the background of a taken-for-granted frame: the bounded territorial state. With that "Westphalian" picture of political space assumed by default, the scope of justice was rarely subject to explicit dispute. Today, the scope of justice is hotly contested, as human-rights activists and international feminists join critics of structural adjustment and the WTO in targeting injustices that cut across borders. Seeking to re-map the bounds of justice on a broader scale, these movements are challenging the view that justice can only be a domestic relation among fellow citizens. As their claims collide with those of nationalists and Westphalian democrats, we witness new forms of "meta-political" contestation in which the scale of justice is an object of explicit dispute. Under these conditions, there is no avoiding an issue that had once seemed to go without saying: What is the proper frame for theorizing justice? Faced with a plurality of competing scales, how do we know which scale of justice is truly just? Scales of Justice tackles this issue. Interrogating struggles over globalization, Nancy Fraser reconstructs the theory of justice for a post-Westphalian world. Revising her widely discussed theory of redistribution and recognition, she introduces representation as a third, "political," dimension of justice, which permits us to re-conceive scale and scope as questions of justice. Seeking to re-imagine political space for a globalizing world, she revisits the concepts of democracy, solidarity, and the public sphere; the projects of critical theory, the World Social Forum, and second-wave feminism; and the thought of Habermas, Rawls, Foucault, and Arendt.
Publisher: John Wiley & Sons
ISBN: 0745658911
Category : Political Science
Languages : en
Pages : 179
Book Description
Until recently, struggles for justice proceeded against the background of a taken-for-granted frame: the bounded territorial state. With that "Westphalian" picture of political space assumed by default, the scope of justice was rarely subject to explicit dispute. Today, the scope of justice is hotly contested, as human-rights activists and international feminists join critics of structural adjustment and the WTO in targeting injustices that cut across borders. Seeking to re-map the bounds of justice on a broader scale, these movements are challenging the view that justice can only be a domestic relation among fellow citizens. As their claims collide with those of nationalists and Westphalian democrats, we witness new forms of "meta-political" contestation in which the scale of justice is an object of explicit dispute. Under these conditions, there is no avoiding an issue that had once seemed to go without saying: What is the proper frame for theorizing justice? Faced with a plurality of competing scales, how do we know which scale of justice is truly just? Scales of Justice tackles this issue. Interrogating struggles over globalization, Nancy Fraser reconstructs the theory of justice for a post-Westphalian world. Revising her widely discussed theory of redistribution and recognition, she introduces representation as a third, "political," dimension of justice, which permits us to re-conceive scale and scope as questions of justice. Seeking to re-imagine political space for a globalizing world, she revisits the concepts of democracy, solidarity, and the public sphere; the projects of critical theory, the World Social Forum, and second-wave feminism; and the thought of Habermas, Rawls, Foucault, and Arendt.
Globalizing Justice
Author: Daniel Anthony
Publisher: Createspace Independent Publishing Platform
ISBN: 9781548156541
Category :
Languages : en
Pages : 264
Book Description
Combining deep moral argument with extensive factual inquiry, Richard Miller constructs a new account of international justice. Though a critic of demanding principles of kindness toward the global poor and an advocate of special concern for compatriots, he argues for standards of responsible conduct in transnational relations that create vast unmet obligations. Governments, firms and people in developed countries, above all, the United States, by failing to live up to these responsibilities, take advantage of people in developing countries.
Publisher: Createspace Independent Publishing Platform
ISBN: 9781548156541
Category :
Languages : en
Pages : 264
Book Description
Combining deep moral argument with extensive factual inquiry, Richard Miller constructs a new account of international justice. Though a critic of demanding principles of kindness toward the global poor and an advocate of special concern for compatriots, he argues for standards of responsible conduct in transnational relations that create vast unmet obligations. Governments, firms and people in developed countries, above all, the United States, by failing to live up to these responsibilities, take advantage of people in developing countries.
Citizenship in a Globalizing World
Author: Ashok Acharya
Publisher: Pearson Education India
ISBN: 8131776239
Category :
Languages : en
Pages : 216
Book Description
In recent times, the notion of citizenship has become increasingly prominent as the traditional boundaries of the nation-state face challenges from globalization, multiculturalism, and economic restructuring. In this context, Citizenship in a Globalizing World is a welcome addition in the field of political science as it takes a detailed look at the topic of citizenship, from the origins of both citizenship and the state, to various theories of citizenship and what it means in the modern context, when it has to coexist with forces of globalization and the rise of new social groups.
Publisher: Pearson Education India
ISBN: 8131776239
Category :
Languages : en
Pages : 216
Book Description
In recent times, the notion of citizenship has become increasingly prominent as the traditional boundaries of the nation-state face challenges from globalization, multiculturalism, and economic restructuring. In this context, Citizenship in a Globalizing World is a welcome addition in the field of political science as it takes a detailed look at the topic of citizenship, from the origins of both citizenship and the state, to various theories of citizenship and what it means in the modern context, when it has to coexist with forces of globalization and the rise of new social groups.
Globalizing Transitional Justice
Author: Ruti G. Teitel
Publisher: Oxford University Press
ISBN: 0190291133
Category : Law
Languages : en
Pages : 256
Book Description
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.
Publisher: Oxford University Press
ISBN: 0190291133
Category : Law
Languages : en
Pages : 256
Book Description
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.
Climate Action in a Globalizing World
Author: Carl Cassegard
Publisher: Routledge
ISBN: 1317212541
Category : Political Science
Languages : en
Pages : 262
Book Description
The existence and urgency of global climate change is a matter of scientific consensus. Yet the global politics of climate change have been anything but consensual. In this context, a wave of global climate activism has emerged in the last decade in response to the perceived failure of the political negotiations. This book provides a unique comparative study of environmental movements in USA, Japan, Denmark and Sweden, analyzing their interaction with the international climate institutions of the United Nations, with national governments, and with currents in the global climate movement. It documents how and why the movement evolved between the Copenhagen Summit of 2009 and the Paris Summit of 2015, altering its strategies and tactics while attracting new actors to the issue area. Further, it demonstrates how the development of global environmental networks has increased contact between environmental movements in the Global North and those from the Global South, resulting in the establishment of ‘climate justice’ as a political cause and unifying frame for global climate activism.
Publisher: Routledge
ISBN: 1317212541
Category : Political Science
Languages : en
Pages : 262
Book Description
The existence and urgency of global climate change is a matter of scientific consensus. Yet the global politics of climate change have been anything but consensual. In this context, a wave of global climate activism has emerged in the last decade in response to the perceived failure of the political negotiations. This book provides a unique comparative study of environmental movements in USA, Japan, Denmark and Sweden, analyzing their interaction with the international climate institutions of the United Nations, with national governments, and with currents in the global climate movement. It documents how and why the movement evolved between the Copenhagen Summit of 2009 and the Paris Summit of 2015, altering its strategies and tactics while attracting new actors to the issue area. Further, it demonstrates how the development of global environmental networks has increased contact between environmental movements in the Global North and those from the Global South, resulting in the establishment of ‘climate justice’ as a political cause and unifying frame for global climate activism.