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Business involvement in human rights violations has been part of the past, the present, and will likely continue in the future. A legacy of impunity has prevailed globally. Using case studies and original datasets, this volume seeks to understand how corporate accountability for human rights violations has been achieved and what barriers persist.
Book Synopsis Economic Actors and the Limits of Transitional Justice by : Leigh A. Payne
Download or read book Economic Actors and the Limits of Transitional Justice written by Leigh A. Payne and published by Proceedings of the British Aca. This book was released on 2022-02-06 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business involvement in human rights violations has been part of the past, the present, and will likely continue in the future. A legacy of impunity has prevailed globally. Using case studies and original datasets, this volume seeks to understand how corporate accountability for human rights violations has been achieved and what barriers persist.
This book examines the role of economic violence (violations of economic and social rights, corruption, and plunder of natural resources) within the transitional justice agenda. Because economic violence often leads to conflict, is perpetrated during conflict, and continues afterwards as a legacy of conflict, a greater focus on economic and social rights issues in the transitional justice context is critical. One might add that insofar as transitional justice is increasingly seen as an instrument of peacebuilding rather than a simple political transition, focus on economic violence as the crucial “root cause” is key to preventing re-lapse into conflict. Recent increasing attention to economic issues by academics and truth commissions suggest this may be slowly changing, and that economic and social rights may represent the “next frontier” of transitional justice concerns. There remain difficult questions that have yet to be worked out at the level of theory, policy, and practice. Further scholarship in this regard is both timely, and necessary. This volume therefore presents an opportunity to fill an important gap. The project will bring together new papers by recognized and emerging scholars and policy experts in the field.
Book Synopsis Justice and Economic Violence in Transition by : Dustin N. Sharp
Download or read book Justice and Economic Violence in Transition written by Dustin N. Sharp and published by Springer Science & Business Media. This book was released on 2013-09-14 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of economic violence (violations of economic and social rights, corruption, and plunder of natural resources) within the transitional justice agenda. Because economic violence often leads to conflict, is perpetrated during conflict, and continues afterwards as a legacy of conflict, a greater focus on economic and social rights issues in the transitional justice context is critical. One might add that insofar as transitional justice is increasingly seen as an instrument of peacebuilding rather than a simple political transition, focus on economic violence as the crucial “root cause” is key to preventing re-lapse into conflict. Recent increasing attention to economic issues by academics and truth commissions suggest this may be slowly changing, and that economic and social rights may represent the “next frontier” of transitional justice concerns. There remain difficult questions that have yet to be worked out at the level of theory, policy, and practice. Further scholarship in this regard is both timely, and necessary. This volume therefore presents an opportunity to fill an important gap. The project will bring together new papers by recognized and emerging scholars and policy experts in the field.
Transitional justice programs traditionally focused on breaches of civil and political rights and violations of bodily integrity, largely ignoring violations of economic and social rights (ESRs) and relegating socioeconomic issues to the category of 'background' or context. This approach is becoming increasingly untenable given that ESRs articulate binding and increasingly justiciable legal obligations. Considering past ESR violations can also provide crucial insight into the causes of past conflict, and addressing socioeconomic grievances can help to reduce the chances of future rights violations or civil unrest. This Article sets out when transitional justice ought concern itself with breaches of ESRs using the 'respect, protect, fulfill' framework of state obligations. Drawing on past examples, the Article argues that failures to respect and protect ESRs are usually discrete enough to be included in the mandates of truth commissions, reparations schemes, and, in some cases, criminal prosecutions. Decentralization programs and the vetting of corrupt economic actors can also effectively address past ESR violations and lead to socioeconomic improvements. Addressing state failures to fulfill ESRs is a more complicated question, although there are occasions where such violations should be included in transitional justice mandates. Ultimately, transitional justice can no longer ignore that ESRs articulate non-negotiable and clearly defined standards, which often hold the key to stable and sustainable political transitions.
Book Synopsis Not Only 'Context' by : Sam Szoke-Burke
Download or read book Not Only 'Context' written by Sam Szoke-Burke and published by . This book was released on 2016 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice programs traditionally focused on breaches of civil and political rights and violations of bodily integrity, largely ignoring violations of economic and social rights (ESRs) and relegating socioeconomic issues to the category of 'background' or context. This approach is becoming increasingly untenable given that ESRs articulate binding and increasingly justiciable legal obligations. Considering past ESR violations can also provide crucial insight into the causes of past conflict, and addressing socioeconomic grievances can help to reduce the chances of future rights violations or civil unrest. This Article sets out when transitional justice ought concern itself with breaches of ESRs using the 'respect, protect, fulfill' framework of state obligations. Drawing on past examples, the Article argues that failures to respect and protect ESRs are usually discrete enough to be included in the mandates of truth commissions, reparations schemes, and, in some cases, criminal prosecutions. Decentralization programs and the vetting of corrupt economic actors can also effectively address past ESR violations and lead to socioeconomic improvements. Addressing state failures to fulfill ESRs is a more complicated question, although there are occasions where such violations should be included in transitional justice mandates. Ultimately, transitional justice can no longer ignore that ESRs articulate non-negotiable and clearly defined standards, which often hold the key to stable and sustainable political transitions.
Latin America was one of the earliest and most enthusiastic adopters of what has come to be known as the judicialization of politics - the use of law and legal institutions as tools of social contestation to curb the abuse of power in government, resolve policy disputes, and enforce and expand civil, political, and socio-economic rights. Almost forty years into this experiment, The Limits of Judicialization brings together a cross-disciplinary group of scholars to assess the role that law and courts play in Latin American politics. Featuring studies of hot-button topics including abortion, state violence, judicial corruption, and corruption prosecutions, this volume argues that the institutional and cultural changes that empowered courts, what the editors call the 'judicialization superstructure,' often fall short of the promise of greater accountability and rights protection. Illustrative and expansive, this volume offers a truly interdisciplinary analysis of the limits of judicialized politics.
Book Synopsis The Limits of Judicialization by : Sandra Botero
Download or read book The Limits of Judicialization written by Sandra Botero and published by Cambridge University Press. This book was released on 2022-08-25 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America was one of the earliest and most enthusiastic adopters of what has come to be known as the judicialization of politics - the use of law and legal institutions as tools of social contestation to curb the abuse of power in government, resolve policy disputes, and enforce and expand civil, political, and socio-economic rights. Almost forty years into this experiment, The Limits of Judicialization brings together a cross-disciplinary group of scholars to assess the role that law and courts play in Latin American politics. Featuring studies of hot-button topics including abortion, state violence, judicial corruption, and corruption prosecutions, this volume argues that the institutional and cultural changes that empowered courts, what the editors call the 'judicialization superstructure,' often fall short of the promise of greater accountability and rights protection. Illustrative and expansive, this volume offers a truly interdisciplinary analysis of the limits of judicialized politics.
As developing societies emerge from legacies of conflict and authoritarianism, they are frequently beset by poverty, inequality, weak institutions, broken infrastructure, poor governance, insecurity, and low levels of social capital. These countries also tend to propagate massive human rights violations, which displace victims who are marginalized, handicapped, widowed, and orphaned--in other words, people with strong claims to justice. Those who work with others to address development and justice often fail to supply a coherent response to these concerns. The essays in this volume confront the intricacies--and interconnectedness--of transitional governance issues head on, mapping the relationship between two fields that, academically and in practice, have grown largely in isolation of one another. The result of a research project conducted by the International Center for Transitional Justice (ICTJ), this book explains how justice and recovery can be aligned not only in theory but also in practice, among both people and governments as they reform.
Book Synopsis Transitional Justice and Development by : Pablo De Greiff
Download or read book Transitional Justice and Development written by Pablo De Greiff and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As developing societies emerge from legacies of conflict and authoritarianism, they are frequently beset by poverty, inequality, weak institutions, broken infrastructure, poor governance, insecurity, and low levels of social capital. These countries also tend to propagate massive human rights violations, which displace victims who are marginalized, handicapped, widowed, and orphaned--in other words, people with strong claims to justice. Those who work with others to address development and justice often fail to supply a coherent response to these concerns. The essays in this volume confront the intricacies--and interconnectedness--of transitional governance issues head on, mapping the relationship between two fields that, academically and in practice, have grown largely in isolation of one another. The result of a research project conducted by the International Center for Transitional Justice (ICTJ), this book explains how justice and recovery can be aligned not only in theory but also in practice, among both people and governments as they reform.
The malaise of corruption has become deeply embedded in the political and social fabric of the Indian society. The increased frequency and scale of corruption have had deleterious effects on a wide range of issues. Corruption, therefore, must be viewed not just as an issue of law and order or of the criminal justice system; instead it has larger and adverse implications for development initiatives, transparency in administration, economic growth, access to justice, and human rights. This important and timely work adopts a new approach for analysing corruption—corruption as a violation of human rights. Highlighting the inherent deficiencies in the existing institutions, mechanisms, laws, and law enforcement agencies, the book strongly proposes the adoption of a multi-pronged strategy for eliminating corruption. This includes the creation of a new legislative framework, an effective institutional mechanism, a new independent and empowered commission against corruption, and greater participation of the civil society. It also compares India's experiences of combating corruption with many societies in Asia including Singapore and Hong Kong.
Book Synopsis Corruption and Human Rights in India by : C. Raj Kumar
Download or read book Corruption and Human Rights in India written by C. Raj Kumar and published by Oxford University Press. This book was released on 2011-08-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The malaise of corruption has become deeply embedded in the political and social fabric of the Indian society. The increased frequency and scale of corruption have had deleterious effects on a wide range of issues. Corruption, therefore, must be viewed not just as an issue of law and order or of the criminal justice system; instead it has larger and adverse implications for development initiatives, transparency in administration, economic growth, access to justice, and human rights. This important and timely work adopts a new approach for analysing corruption—corruption as a violation of human rights. Highlighting the inherent deficiencies in the existing institutions, mechanisms, laws, and law enforcement agencies, the book strongly proposes the adoption of a multi-pronged strategy for eliminating corruption. This includes the creation of a new legislative framework, an effective institutional mechanism, a new independent and empowered commission against corruption, and greater participation of the civil society. It also compares India's experiences of combating corruption with many societies in Asia including Singapore and Hong Kong.
This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.
Book Synopsis Transitional Justice, Corporate Accountability and Socio-Economic Rights by : Laura García Martín
Download or read book Transitional Justice, Corporate Accountability and Socio-Economic Rights written by Laura García Martín and published by Routledge. This book was released on 2019-07-25 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.
Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.
Book Synopsis New Critical Spaces in Transitional Justice by : Arnaud Kurze
Download or read book New Critical Spaces in Transitional Justice written by Arnaud Kurze and published by Indiana University Press. This book was released on 2019-01-10 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.
Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice’s prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states.
Book Synopsis Transformative Transitional Justice and the Malleability of Post-Conflict States by : Padraig McAuliffe
Download or read book Transformative Transitional Justice and the Malleability of Post-Conflict States written by Padraig McAuliffe and published by Edward Elgar Publishing. This book was released on 2017-03-31 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice’s prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states.
Examines when, where, why, and how corporate accountability for past human rights violations in armed conflicts and authoritarian regimes is possible.
Book Synopsis Transitional Justice and Corporate Accountability from Below by : Leigh A. Payne
Download or read book Transitional Justice and Corporate Accountability from Below written by Leigh A. Payne and published by Cambridge University Press. This book was released on 2020-04-30 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines when, where, why, and how corporate accountability for past human rights violations in armed conflicts and authoritarian regimes is possible.
