Author: Yehuda Z. Blum
Publisher: Brill - Nijhoff
ISBN: 9789004233942
Category : Law
Languages : en
Pages : 504
Book Description
The first part of this book contains a selection of articles written over five decades. The second part includes a selection of legal opinions written between 1962-1965, when the author was working in the legal department of Israel's Ministry of Foreign Affairs. An appendix reproduces a letter on anti-Semitism at the United Nations, sent by the author in his capacity as Israel's Ambassador and Permanent Representative to the UN and addressed to the UN Secretary-General. The author's varied career, as a leading academic and high-ranking diplomat, offers a unique perspective on many aspects of international law, ranging from constitutional problems of the UN Charter to the Arab-Israel conflict. The author has chosen to reproduce all these writings in their original form, while being acutely aware that significant changes have occurred in many fields of international law in the intervening period. This he has done consciously in the belief that preserving his writings unchanged will, not only indirectly, attest to the fundamental shifts in many areas of international law, not all of which meet with his approbation.
Will "Justice" Bring Peace?
Author: Yehuda Z. Blum
Publisher: Brill - Nijhoff
ISBN: 9789004233942
Category : Law
Languages : en
Pages : 504
Book Description
The first part of this book contains a selection of articles written over five decades. The second part includes a selection of legal opinions written between 1962-1965, when the author was working in the legal department of Israel's Ministry of Foreign Affairs. An appendix reproduces a letter on anti-Semitism at the United Nations, sent by the author in his capacity as Israel's Ambassador and Permanent Representative to the UN and addressed to the UN Secretary-General. The author's varied career, as a leading academic and high-ranking diplomat, offers a unique perspective on many aspects of international law, ranging from constitutional problems of the UN Charter to the Arab-Israel conflict. The author has chosen to reproduce all these writings in their original form, while being acutely aware that significant changes have occurred in many fields of international law in the intervening period. This he has done consciously in the belief that preserving his writings unchanged will, not only indirectly, attest to the fundamental shifts in many areas of international law, not all of which meet with his approbation.
Publisher: Brill - Nijhoff
ISBN: 9789004233942
Category : Law
Languages : en
Pages : 504
Book Description
The first part of this book contains a selection of articles written over five decades. The second part includes a selection of legal opinions written between 1962-1965, when the author was working in the legal department of Israel's Ministry of Foreign Affairs. An appendix reproduces a letter on anti-Semitism at the United Nations, sent by the author in his capacity as Israel's Ambassador and Permanent Representative to the UN and addressed to the UN Secretary-General. The author's varied career, as a leading academic and high-ranking diplomat, offers a unique perspective on many aspects of international law, ranging from constitutional problems of the UN Charter to the Arab-Israel conflict. The author has chosen to reproduce all these writings in their original form, while being acutely aware that significant changes have occurred in many fields of international law in the intervening period. This he has done consciously in the belief that preserving his writings unchanged will, not only indirectly, attest to the fundamental shifts in many areas of international law, not all of which meet with his approbation.
Will "Justice" Bring Peace?
Author: Yehuda Z. Blum
Publisher: BRILL
ISBN: 9004233954
Category : Law
Languages : en
Pages : 514
Book Description
The first part of this book contains a selection of articles written over five decades. The second part includes a selection of legal opinions written between 1962-1965, when the author was working in the legal department of Israel's Ministry of Foreign Affairs. An appendix reproduces a letter on anti-Semitism at the United Nations, sent by the author in his capacity as Israel's Ambassador and Permanent Representative to the UN and addressed to the UN Secretary-General. The author's varied career, as a leading academic and high-ranking diplomat, offers a unique perspective on many aspects of international law, ranging from constitutional problems of the UN Charter to the Arab-Israel conflict. The author has chosen to reproduce all these writings in their original form, while being acutely aware that significant changes have occurred in many fields of international law in the intervening period. This he has done consciously in the belief that preserving his writings unchanged will, not only indirectly, attest to the fundamental shifts in many areas of international law, not all of which meet with his approbation.
Publisher: BRILL
ISBN: 9004233954
Category : Law
Languages : en
Pages : 514
Book Description
The first part of this book contains a selection of articles written over five decades. The second part includes a selection of legal opinions written between 1962-1965, when the author was working in the legal department of Israel's Ministry of Foreign Affairs. An appendix reproduces a letter on anti-Semitism at the United Nations, sent by the author in his capacity as Israel's Ambassador and Permanent Representative to the UN and addressed to the UN Secretary-General. The author's varied career, as a leading academic and high-ranking diplomat, offers a unique perspective on many aspects of international law, ranging from constitutional problems of the UN Charter to the Arab-Israel conflict. The author has chosen to reproduce all these writings in their original form, while being acutely aware that significant changes have occurred in many fields of international law in the intervening period. This he has done consciously in the belief that preserving his writings unchanged will, not only indirectly, attest to the fundamental shifts in many areas of international law, not all of which meet with his approbation.
Peace and Justice
Author: Rachel Kerr
Publisher: John Wiley & Sons
ISBN: 0745657753
Category : Political Science
Languages : en
Pages : 263
Book Description
In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.
Publisher: John Wiley & Sons
ISBN: 0745657753
Category : Political Science
Languages : en
Pages : 263
Book Description
In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.
Peace with Justice?
Author: Paul R. Williams
Publisher: Rowman & Littlefield
ISBN: 9780742518568
Category : Law
Languages : en
Pages : 354
Book Description
In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.
Publisher: Rowman & Littlefield
ISBN: 9780742518568
Category : Law
Languages : en
Pages : 354
Book Description
In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.
Justice in Conflict
Author: Mark Kersten
Publisher: Oxford University Press
ISBN: 0191082945
Category : Law
Languages : en
Pages : 273
Book Description
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Publisher: Oxford University Press
ISBN: 0191082945
Category : Law
Languages : en
Pages : 273
Book Description
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Justice for Some
Author: Noura Erakat
Publisher: Stanford University Press
ISBN: 1503608832
Category : History
Languages : en
Pages : 405
Book Description
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
Publisher: Stanford University Press
ISBN: 1503608832
Category : History
Languages : en
Pages : 405
Book Description
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
Peace, Justice and Freedom
Author: Gurcharan Singh Bhatia
Publisher: University of Alberta
ISBN: 9780888643391
Category : Political Science
Languages : en
Pages : 452
Book Description
On the fiftieth anniversary of the Universal Declaration of Human Rights, hundreds of people gathered in Edmonton, Alberta to reflect on the accomplishments of the Declaration and current challenges to human rights. This volume offers their collective insights. Participants in this landmark conference included: Desmond Tutu, Archbishop Emeritus of Cape Town; Francine Fournier, Assistant Director General of UNESCO; Her Excellency Mary Robinson, United Nations High Commissioner for Human Rights; and The Right Honourable Antonio Lamer, Chief Justice of Canada. "From federal ministers, to Chinese and Vietnamese dissidents, to academics, the judiciary, advocates for the poor, the disabled, the disenfranchised and the minorities; the delegates engaged in vibrant and compassionate dialogue which was both enriching and worrisome." --Canadian Senate Debates
Publisher: University of Alberta
ISBN: 9780888643391
Category : Political Science
Languages : en
Pages : 452
Book Description
On the fiftieth anniversary of the Universal Declaration of Human Rights, hundreds of people gathered in Edmonton, Alberta to reflect on the accomplishments of the Declaration and current challenges to human rights. This volume offers their collective insights. Participants in this landmark conference included: Desmond Tutu, Archbishop Emeritus of Cape Town; Francine Fournier, Assistant Director General of UNESCO; Her Excellency Mary Robinson, United Nations High Commissioner for Human Rights; and The Right Honourable Antonio Lamer, Chief Justice of Canada. "From federal ministers, to Chinese and Vietnamese dissidents, to academics, the judiciary, advocates for the poor, the disabled, the disenfranchised and the minorities; the delegates engaged in vibrant and compassionate dialogue which was both enriching and worrisome." --Canadian Senate Debates
What is a Just Peace?
Author: PIERRE EDITOR ALLAN
Publisher: Oxford University Press on Demand
ISBN: 0199275351
Category : Law
Languages : en
Pages : 245
Book Description
Just War has attracted considerable attention. The words peace and justice are often used together. Surprisingly, however, little conceptual thinking has gone into what constitutes a Just Peace. This book, which includes some of the world's leading scholars, debates and develops the concept of Just Peace.The problem with the idea of a Just Peace is that striving for justice may imply a Just War. In other words, peace and justice clash at times. Therefore, one often starts from a given view of what constitutes justice, but this a priori approach leads - especially when imposed from the outside - straight into discord. This book presents conflicting viewpoints on this question from political, historical, and legal perspectives as well as from a policy perspective.The book also argues that Just Peace should be defined as a process resting on four necessary and sufficient conditions: thin recognition whereby the other is accepted as autonomous; thick recognition whereby identities need to be accounted for; renouncement, requiring significant sacrifices from all parties; and finally, rule, the objectification of a Just Peace by a "text" requiring a common language respecting the identities of each, and defining their rights and duties. This approach basedon a language-oriented process amongst directly concerned parties, goes beyond liberal and culturalist perspectives. Throughout the process, negotiators need to build a novel shared reality as well as a new common language allowing for an enduring harmony between previously clashing peoples.It challenges a liberal view of peace founded on norms claiming universal scope. The liberal conception has difficulty in solving conflicts such as civil wars characterized typically by fundamental disagreements between different communities. Cultures make demands that are identity-defining, and some of these defy the "cultural neutrality" that is one of the foundations of liberalism. Therefore, the concept of Just Peace cannot be solved within the liberal tradition.
Publisher: Oxford University Press on Demand
ISBN: 0199275351
Category : Law
Languages : en
Pages : 245
Book Description
Just War has attracted considerable attention. The words peace and justice are often used together. Surprisingly, however, little conceptual thinking has gone into what constitutes a Just Peace. This book, which includes some of the world's leading scholars, debates and develops the concept of Just Peace.The problem with the idea of a Just Peace is that striving for justice may imply a Just War. In other words, peace and justice clash at times. Therefore, one often starts from a given view of what constitutes justice, but this a priori approach leads - especially when imposed from the outside - straight into discord. This book presents conflicting viewpoints on this question from political, historical, and legal perspectives as well as from a policy perspective.The book also argues that Just Peace should be defined as a process resting on four necessary and sufficient conditions: thin recognition whereby the other is accepted as autonomous; thick recognition whereby identities need to be accounted for; renouncement, requiring significant sacrifices from all parties; and finally, rule, the objectification of a Just Peace by a "text" requiring a common language respecting the identities of each, and defining their rights and duties. This approach basedon a language-oriented process amongst directly concerned parties, goes beyond liberal and culturalist perspectives. Throughout the process, negotiators need to build a novel shared reality as well as a new common language allowing for an enduring harmony between previously clashing peoples.It challenges a liberal view of peace founded on norms claiming universal scope. The liberal conception has difficulty in solving conflicts such as civil wars characterized typically by fundamental disagreements between different communities. Cultures make demands that are identity-defining, and some of these defy the "cultural neutrality" that is one of the foundations of liberalism. Therefore, the concept of Just Peace cannot be solved within the liberal tradition.
Unceasing Worship
Author: Harold M. Best
Publisher: InterVarsity Press
ISBN: 9780830832293
Category : Religion
Languages : en
Pages : 236
Book Description
Harold M. Best casts a holistic vision for worship that transcends narrow discussions of musical style or congregational preference, corrects errors in how Christians have viewed the arts and misunderstandings about the use of music, and offers instead a more biblically consistent approach to artistic action.
Publisher: InterVarsity Press
ISBN: 9780830832293
Category : Religion
Languages : en
Pages : 236
Book Description
Harold M. Best casts a holistic vision for worship that transcends narrow discussions of musical style or congregational preference, corrects errors in how Christians have viewed the arts and misunderstandings about the use of music, and offers instead a more biblically consistent approach to artistic action.
Building a Future on Peace and Justice
Author: Kai Ambos
Publisher: Springer Science & Business Media
ISBN: 3540857540
Category : Law
Languages : en
Pages : 566
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.
Publisher: Springer Science & Business Media
ISBN: 3540857540
Category : Law
Languages : en
Pages : 566
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.