The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe PDF Download

Author: Liviu Damşa
Publisher: Springer
ISBN: 331948530X
Category : Law
Languages : en
Pages : 311

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Book Description
This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.

Author: Rafał Mańko
Publisher: Taylor & Francis
ISBN: 1003818862
Category : Law
Languages : en
Pages : 276

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Book Description
This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.

Author: Marcos Zunino
Publisher: Cambridge University Press
ISBN: 1108693997
Category : Law
Languages : en
Pages : 325

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Book Description
Why are certain responses to past human rights violations considered instances of transitional justice while others are disregarded? This study interrogates the history of the discourse and practice of the field to answer that question. Zunino argues that a number of characteristics inherited as transitional justice emerged as a discourse in the 1980s and 1990s have shaped which practices of the present and the past are now regarded as valid responses to past human rights violations. He traces these influential characteristics from Argentina's transition to democracy in 1983, the end of communism in Eastern Europe, the development of international criminal justice, and the South African truth commission of 1995. Through an analysis of the post-World War II period, the decolonisation process and the Cold War, Zunino identifies a series of episodes and mechanisms omitted from the history of transitional justice because they did not conform to its accepted characteristics.

Author: János Matyas Kovács
Publisher: Rowman & Littlefield
ISBN: 1498586341
Category : Business & Economics
Languages : en
Pages : 368

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Book Description
This volume focuses on the concepts of ownership under communism. It traces the evolution of economic ideas of property reform leading from the doctrine of blanket nationalization to projects of moderate privatization in eight countries of Eastern Europe and China on the eve of the 1989 revolutions.

Author: Markus Krajewski
Publisher: Edward Elgar Publishing
ISBN: 1785369857
Category : LAW
Languages : en
Pages : 744

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Book Description
Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.

Author: Mary N. Taylor
Publisher: Indiana University Press
ISBN: 0253057825
Category : History
Languages : en
Pages : 316

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Book Description
Since 1990, thousands of Hungarians have vacationed at summer camps devoted to Hungarian folk dance in the Transylvanian villages of neighboring Romania. This folk tourism and connected everyday practices of folk dance revival take place against the backdrop of an increasingly nationalist political environment in Hungary. In Movement of the People, Mary N. Taylor takes readers inside the folk revival movement known as dancehouse (táncház) that sustains myriad events where folk dance is central and championed by international enthusiasts and UNESCO. Contextualizing táncház in a deeper history of populism and nationalism, Taylor examines the movement's emergence in 1970s socialist institutions, its transformation through the postsocialist period, and its recent recognition by UNESCO as a best practice of heritage preservation. Approaching the populist and popular practices of folk revival as a form of national cultivation, Movement of the People interrogates the everyday practices, relationships, institutional contexts, and ideologies that contribute to the making of Hungary's future, as well as its past.

Author: Lavinia Stan
Publisher: Cambridge University Press
ISBN: 1107020530
Category : History
Languages : en
Pages : 311

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Book Description
This is the first volume to overview the complex Romanian transitional justice effort, detail the political negotiations that have led to the adoption and implementation of relevant legislation, and assess these processes in terms of their timing, sequencing, and impact on democratization.

Author: James A. Sweeney
Publisher: Routledge
ISBN: 1136159428
Category : Law
Languages : en
Pages : 290

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Book Description
The European Court of Human Rights in the Post-Cold War Era: Universality in Transition examines transitional justice from the perspective of its impact on the universality of human rights, taking the jurisprudence of the European Court of Human Rights as its detailed case study. The problem is twofold: there are questions about differences in human rights standards between transitional and non-transitional situations, and about differences between transitions. The European Court has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of Central and Eastern Europe flocked to the Convention system. The voluminous jurisprudence of the European Court of Human Rights can now give us some clear information about how an international human rights law regime can interact with transitional justice. The jurisprudence is divided between those cases concerning the human rights implications of explicitly transitional policies (such as lustration), and those that involve impacts upon specific democratic rights during the transition. The book presents a close examination of claims by states that transitional policies and priorities require a level of deference from the Strasbourg institutions. The book proposes that states’ claims for leeway from international human rights supervisory mechanisms during times of transition can be characterised not as arguments for cultural relativism, but for ‘transitional relativism’.

Author: A J van der Walt
Publisher: Bloomsbury Publishing
ISBN: 1847315100
Category : Law
Languages : en
Pages : 294

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Book Description
Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.

Author: Roman David
Publisher: University of Pennsylvania Press
ISBN: 081229498X
Category : Political Science
Languages : en
Pages : 280

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Book Description
In Communists and Their Victims, Roman David identifies and examines four classes of justice measures—retributive, reparatory, revelatory, and reconciliatory—to discover which, if any, rectified the legacy of human rights abuses committed during the communist era in the Czech Republic. Conducting interviews, focus groups, and nationwide surveys between 1999 and 2015, David looks at the impact of financial compensation and truth-sharing on victims' healing and examines the role of retribution in the behavior and attitudes of communists and their families. Emphasizing the narratives of former political prisoners, secret collaborators, and former Communist Party members, David tests the potential of justice measures to contribute to a shared sense of justice and their ability to overcome the class structure and ideological divides of a formerly communist regime. Complementing his original research with analysis of legal judgments, governmental reports, and historical records, David finds that some justice measures were effective in overcoming material and ideological divides while others obstructed victims' healing and inhibited the transformation of communists. Identifying "justice without reconciliation" as the primary factor hampering the process of overcoming the past in the Czech Republic, Communists and Their Victims promotes a transformative theory of justice that demonstrates that justice measures, in order to be successful, require a degree of reconciliation.