Derecho internacional y transiciones a la democracia y la paz PDF Download

Author: Javier Chinchón Álvarez
Publisher: Listado de lugares de venta
ISBN: 8496226301
Category : Democratization
Languages : es
Pages : 634

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Author: Seminario Internacional Verdad y Justicia en Procesos de Paz o Transicion a la Democracia (1999: Santafe de Bogota, D.C.)
Publisher:
ISBN: 9789583312953
Category :
Languages : es
Pages : 307

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Book Description
El presente libro recoge las memorias del Seminario Internacional Verdad y Justicia en Procesos de Paz o Transicion a la Democracia, realizado en Santafe de Bogota entre el 1 y 3 de septiembre de 1999. El evento conto con una amplia participacion y una alta calidad en la discusion sobre verdad, justicia y reparacion ante situaciones graves de derechos humanos como la de Colombia y la de los otros paises que fueron objeto de analisis: El Salvador, Guatemala, Argentina, Chile, la antigua Yugoslavia y Sudafrica. Los expositores internacionales invitados analizaron las experiencias de cada uno de estos paises, las lecciones aprendidas, destacaron los aspectos positivos asi como las dificultades encontradas y los mecanismos adoptados para superarlas. El analisis de estos trascendentales asuntos apenas comienza. La intencion de estas memorias es compartir las profundas reflexiones de colombianos y extranjeros sobre los desafios que significan para la comunidad nacional e internacional la verdad, la justicia y la reparacion. El proposito de las organizaciones convocantes es continuar con el estudio y debate de estas importantes problematicas.

Author: Roldan Jimeno
Publisher: Routledge
ISBN: 1351608614
Category : Law
Languages : en
Pages : 310

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In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty – rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions – can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.

Author: Giuliana Ziccardi Capaldo
Publisher:
ISBN: 0199758832
Category : Law
Languages : en
Pages : 507

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a. The set generally: [Please note that the following description applies to both volumes in the 2009 Yearbook, not solely to Volume I]. The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international criminal tribunals specifically. The Global Community Yearbook appears annually in two-volume editions of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and also to choose experts from around the world who contribute essay-guides to illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first volume of each year''s edition always features expert articles by renowned scholars who address broader themes in international law, themes that appear throughout the case law of the many courts covered by the series as a whole. b. This particular edition (2009): This year''s edition of the Global Community Yearbook is restructured to update its format and to better respond to its objective. The change affects the section entitled Decisions of International Courts and Tribunals; all other sections will remain the same. This section, divided into twelve sub-Sections, presents annually the more significant international case law in the form of "legal maxims," systematically collected. The elaboration of legal maxims, extracted from the courts'' decisions, and their systematic classification makes this year''s edition of the Yearbook unique. International courts and tribunals have developed remarkably in recent years, and it is becoming increasingly difficult to follow the case law emanating from those jurisdictions without the help of an intermediary. The Yearbook and its unique changes fill this gap by serving as an intermediary between the case law and international scholars, practitioners, and students. In previous issues of the Yearbook, these legal maxims were prepared by referring both to the law and often extensively to the specific facts of the case. In the new format, the "legal maxims" will now distil the most important elements of judicial decisions and rely less heavily on the facts. The text of the legal maxims has been reduced to the minimum necessary for systematic classification, printing the website links for the case law. An introductory note on each international tribunal or court continues to be provided as a synopsis of their activity over the year. This reduction of the text of legal maxims better responds to the goals of the Yearbook to serve as a mediator and to provide complete coverage of case law from international courts and tribunals. c. Individual volumes: The first volume of the 2009 edition of Global Community Yearbook presents three categories of material wholly beneficial to any international law-researcher: International tribunals'' court opinions, excerpted with scholarly skill by General Editor Giuliana Ziccardi Capaldo; expert guidance on those cases in the form of commentary by globally recognized luminaries whom Ziccardi has chosen personally; and more broadly focused introductory essays by similarly prominent scholars whom Ziccardi has also selected for that purpose. In the introductory essays, those scholars take on the current, controversial topics of the case against criminalizing hate speech, the global importance of human rights for environmental protection, the evolution of international environmental law, and the politics of global powers. Those incisive and knowledgeable introductory articles help frame the debates currently raging in international law before this volume leads the reader on to expert commentary on the noteworthy cases from this past year''s dockets of the following tribunals: *The International Court of Justice *The WTO Dispute Resolution System *The International Criminal Court *International Criminal Tribunal for the Former Yugoslavia *International Criminal Tribunal for Rwanda Ziccardi has arranged the sections of this volume according to that list of tribunals, and she has included a short, targeted index for each of those sections, making any research in this volume efficient and fruitful. Volume 2: This second volume of the 2009 edition of Global Community Yearbook gives researchers an illuminating tour through the varied and dynamic law of regional and organizational courts. In the court opinion excerpts and expert commentary that fill this volume, researchers will find detailed guidance on a rich diversity of legal topics, from whether the European Court of Human Rights is effective as the centerpiece of the European human rights protection system to the jurisdictional challenges by respondent States under applicable investment agreements. On these questions and a host of others, this volume provides to students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates. The courts covered by this particular volume are: *The Court of First Instance of the European Communities *The Court of Justice of the European Communities *The European Court of Human Rights *Inter-American Court of Human Rights *International Centre for the Settlement of Investment Disputes

Author: Jessica Almqvist
Publisher: Routledge
ISBN: 1136579257
Category : Law
Languages : en
Pages : 359

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Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.

Author: Jacopo Roberti di Sarsina
Publisher: Springer
ISBN: 9462652767
Category : Law
Languages : en
Pages : 283

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This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.

Author: Daniele Archibugi
Publisher: John Wiley & Sons
ISBN: 1509512659
Category : Law
Languages : en
Pages : 288

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Over the last quarter of a century a new system of global criminal justice has emerged. But how successful has it been? Are we witnessing a new era of cosmopolitan justice or are the old principles of victors’ justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice, focusing on the trials of some of the world’s most notorious war criminals, including Augusto Pinochet, Slobodan Milošević, Radovan Karad ić, Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system’s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?

Author: Joanna Marszałek-Kawa
Publisher: Cambridge Scholars Publishing
ISBN: 1443870005
Category : Political Science
Languages : en
Pages : 299

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History is a powerful tool in the hands of politicians, and can be a destructive weapon since power over the past is the power to decide who is a hero and who is a traitor. Tradition, the memory of ancestors, and the experience of previous generations are the keys that unlock the door to citizens’ minds, and allow certain ideas, visions and political programs to flourish. However, can history be a proper political weapon during democratisation processes when the past is clearly separated from the present? Are the new order and society founded on the basis of some interpretation of the past, or, rather, are they founded only with reference to the imagined future of the nation? This book explores such questions through a detailed description of the use of remembrance policies during political transformations. It discusses how interpretations of the past served the accomplishment of transitional objectives in countries as varied as Chile, Estonia, Georgia, Poland, South Africa and Spain. The book is a unique journey through different parts of the world, different cultures and different political systems, investigating how history was remembered and forgotten by certain democratic leaders. Individual chapters discuss how governments’ remembrance policies were used to create a new citizen, to change a political culture, and to justify the vision of the society promoted by the new elites. They explain why some difficult topics were avoided by politicians, and why sometimes there was no transitional justice or punishment of the leaders of the authoritarian state. The book will be of interest to anyone wishing to explore policies of remembrance, democratisation, and the role of memory in contemporary societies.

Author: Paolo Caroli
Publisher: Taylor & Francis
ISBN: 1000593339
Category : History
Languages : en
Pages : 336

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This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti Amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book evaluates the Italian experience and provides an ideal framework to assess the complexity of the interdependencies between time, historical memory and the use of criminal law. In a historical moment marked by the resurgence of racism, neo-fascism, falsifications of the past, as well as the desire to amend the faults of the past, the Italian unfinished experience of dealing with the Fascist era can help move the discussion forward. The book will be essential reading for students, researchers and academics in International Criminal Law, Transitional Justice, History, Memory Studies and Political Science.

Author: Jacques Faget
Publisher: Bloomsbury Publishing
ISBN: 1847316433
Category : Law
Languages : en
Pages : 223

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This book provides a vivid reader on experiences of mediation throughout history and in many different regional, cultural and legal contexts. For experts in the field of mediation and legal anthropology it provides a series of fascinating case studies not previously reported on. For those not familiar with the field it provides a window on an alternative possibility for peacemaking in political conflicts. The book is held together by the editor's introduction, which defines political mediation, the research methodologies employed, the relationship of mediation to participatory democracy, and the growth of mediation in the past twenty years. The chapters which follow provide the anatomy of successful and unsuccessful mediations in contexts as widely diverse as the 30 Years War (1618-1648) which was ended following the intercession of the future Pope, Alexander VII. Three further chapters examine the role of the Catholic Church in other mediations - in the Basque conflict, in Burundi and in Chiapas, while a further group of chapters looks at conflicts in Ethiopia, Northern Ireland, Central America and Congo.