Building Justice in Post-transition Europe PDF Download

Author: Kay Eileen Goodall
Publisher: Routledge
ISBN: 0415697131
Category : Law
Languages : en
Pages : 210

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Book Description
After the collapse of the Berlin wall in 1989 and disintegration of the Soviet Union, scholars focused on the problems of legal transitions within the newly emerging democracies. Two decades on, these states are in 'post-transition' conditions; having undergone and continuing to experience political, economic and constitutional upheavals to varying degrees. Criminal law and processes of criminalisation and decriminalisation are at the heart of these changes, and must be understood in the light of the social transitions. A major influence is the old 'West' - a relationship that has often been more maleficent than it may appear. This book provides an interdisciplinary perspective on this largely unexamined topic.

Author: Cath Collins
Publisher: Penn State Press
ISBN: 0271036877
Category : Political Science
Languages : en
Pages : 293

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Book Description
"Analyzes how activists, legal strategies, and judicial receptivity to human rights claims are constructing new accountability outcomes for human rights violations in Chile and El Salvador"--Provided by publisher.

Author: Cynthia Michalski Horne
Publisher:
ISBN: 9780191835186
Category : Democracy
Languages : en
Pages : 0

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Book Description
This volume examines the conditions under which lustration and related transitional justice measures have affected political and social trust-building and democratization across twelve countries in Central and Eastern Europe and parts of the Former Soviet Union between 1989 and 2012.

Author: Kai Ambos
Publisher: Springer Science & Business Media
ISBN: 3540857540
Category : Law
Languages : en
Pages : 566

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Book Description
Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.

Author: Ruti G. Teitel
Publisher: Oxford University Press
ISBN: 019988224X
Category : Political Science
Languages : en
Pages : 404

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Book Description
At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.

Author: Ostap Kushnir
Publisher: Rowman & Littlefield
ISBN: 1793650756
Category : Political Science
Languages : en
Pages : 423

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Book Description
This edited collection addresses the dynamics of the post-Communist transition in Central Eastern Europe. Its contributors present a detailed analysis of the events unfolding during the last three decades in the region, focusing in particular on identity-building processes and reforms in Belarus, Bulgaria, Czechia, Estonia, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, Slovakia, and Ukraine. The contributors outline reasons why some of these states accomplished a decisive break with the Communist past and became members of European and transatlantic structures, while some opted for pseudo-transition and fostered hybrid political regimes, jeopardizing their genuine integration with the West. A group of states which decided to preserve their Communist legacy is also explained. The collection describes and scrutinizes the formation of geopolitical affiliations and the evolution of discourses of belonging. It also traces the fluctuating dynamics of national decision-making and institution-building, as many of the post-Communist states reconsider and re-elaborate their initial ideas and visions of Europe today. Finally, the collection brings to light the rapidly changing perceptions of the region by the major global actors—the European Union, People’s Republic of China, Russian Federation, and others.

Author: Martina Fischer
Publisher: Routledge
ISBN: 1317529561
Category : Law
Languages : en
Pages : 272

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Book Description
Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

Author: Anja Mihr
Publisher:
ISBN: 9781013277337
Category : Social Science
Languages : en
Pages : 154

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Book Description
This open access book features various studies on democratization, transformation, political and economic development, and security issues in the Organization for Security and Cooperation in Europe (OSCE) geographical region and beyond. Written by experts and academics in the fields of human rights, security, transformation and development, particularly in post-soviet and communist countries, it examines the status quo of regime development in various member states of the OSCE; their economic, security and human rights performance; institutional reforms and transformations and the challenges that these countries and their societies face, including the USA, Canada, Germany, Macedonia, Russia, Turkey, Kazakhstan, Kyrgyzstan and Mongolia. This is the 2019 edition of this Compilation Series of the OSCE Academy. The OSCE works to promote Minority Protection, Security, Democratic Development and Human Rights guided by the Office for Democratic Institutions and Human Rights (ODIHR), and to enhance securitization and development policies in Eurasia, Europe, Central Asia and North America. Since being founded in 1993, the OSCE and its agencies and departments have attracted a wealth of academic research in various fields and disciplines, ranging from economic development and election monitoring to enhancing global principles of human rights and securitization. About the OSCE Academy in Bishkek: Founded in 2004, the Academy offers post-Doc research fellowships and runs two Master Degrees, one in Economic Governance and Development and one in Politics and Security in Central Asia. The Academy"s regular academic programs and conference contributes to developing human professional capital in the sectors of particular importance for Central Asian states and societies. The Academy's graduates and visiting researchers contribute to economic development, governance and policy-making in Central Asia and beyond the OSCE region. Website: http: //www.osce-academy.net/en/about/ This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

Author: Lavinia Stan
Publisher: Routledge
ISBN: 1135970998
Category : Law
Languages : en
Pages : 326

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Book Description
During the last two decades, the countries of Eastern Europe and the former Soviet Union have attempted to address the numerous human rights abuses that characterized the decades of communist rule. This book examines the main processes of transitional justice that permitted societies in those countries to come to terms with their recent past. It explores lustration, the banning of communist officials and secret political police officers and informers from post-communist politic, ordinary citizens’ access to the remaining archives compiled on them by the communist secret police, as well as trials and court proceedings launched against former communist officials and secret agents for their human rights trespasses. Individual chapters explore the progress of transitional justice in Germany, the Czech Republic, Slovakia, Poland, Hungary, Romania, Bulgaria, Albania, Slovenia and the successor states of the former Soviet Union. The chapters explain why different countries have employed different models to come to terms with their communist past; assess each country’s relative successes and failures; and probe the efficacy of country-specific legislation to attain the transitional justice goals for which it was developed. The book draws together the country cases into a comprehensive comparative analysis of the determinants of post-communist transitional justice, that will be relevant not only to scholars of post-communist transition, but also to anyone interested in transitional justice in other contexts.

Author: Paul R. Williams
Publisher: Edward Elgar Publishing
ISBN: 1788971647
Category : Law
Languages : en
Pages : 496

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Book Description
As a conflict ends and the parties begin working towards a durable peace, practitioners and peacebuilders are faced with the thrilling possibilities and challenges of building new or reformed political, security, judicial, social, and economic structures. This Handbook analyzes these elements of post-conflict state building through the lens of international law, which provides a framework through which the authors contextualize and examine the many facets of state building in relation to the legal norms, processes, and procedures that guide such efforts across the globe. The volume aims to provide not only an introduction to and explanation of prominent topics in state building, but also a perceptive analysis that augments ongoing conversations among researchers, lawyers, and advocates engaged in the field.