United States Law and Policy on Transitional Justice

Principles, Politics, and Pragmatics

Author: Zachary D. Kaufman

Publisher: Oxford University Press

ISBN: 0190668415

Category: Law

Page: 384

View: 6498

In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory--"prudentialism"--which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

United States Law and Policy on Transitional Justice

Principles, Politics, and Pragmatics

Author: Zachary D. Kaufman

Publisher: Oxford University Press

ISBN: 0190655488

Category: Law

Page: 388

View: 840

In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

United States Law and Policy on Transitional Justice

Principles, Politics, and Pragmatics

Author: Zachary D. Kaufman

Publisher: Oxford University Press

ISBN: 019024349X

Category: International criminal courts

Page: 382

View: 1763

In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

Environmental Protection and Transitions from Conflict to Peace

Clarifying Norms, Principles, and Practices

Author: Carsten Stahn,Jens Iverson,Jennifer S. Easterday

Publisher: Oxford University Press

ISBN: 0191087580

Category: Law

Page: 450

View: 827

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Environmental protection is fundamental for the establishment of sustainable peace. Applying traditional legal approaches to protection raises particular challenges during the transition from conflict to peace. In the jus post bellum context, protection of the environment and natural resources needs to be considered in tandem with a broad range of simultaneously applicable normative frameworks, such as human rights, transitional justice, arms control/disarmament, UN law and practice, development, and domestic law. While certain multilateral environment agreements, such as the Convention Concerning the Protection of the World Cultural and Natural Heritage protect the environment; international humanitarian law and international criminal law continue to treat environmental protection largely from an anthropocentric perspective. This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. Addressing these challenges, it brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key normative frameworks. It draws on experiences and practices in post-conflict settings to specify substantive principles and techniques to remedy and prevent harm.

Social Entrepreneurship in the Age of Atrocities

Changing Our World

Author: Zachary Daniel Kaufman

Publisher: Edward Elgar Publishing

ISBN: 1781002142

Category: Business & Economics

Page: 259

View: 7592

ïHow can anyone make a difference in a world marked by genocide, civil war, refugee crises, disease epidemics? With conscience, hope, and sweat equity, Dr. Zachary Kaufman and the other contributors to this book have offered aid, created organizations serving victims of human rights violations, and learned from set-backs and failures. Their insight into challenges of sustainable fund-raising, organizational design and management, and skepticism about young Western volunteers can inspire and instruct others who hope to address suffering and injustice through initiative, analysis, and commitment.Í _ Martha Minow, Dean of the Faculty of Law and Jeremiah Smith, Jr. Professor of Law, Harvard Law School; Author, Between Vengeance and Forgiveness: Facing History After Genocide and Mass Violence ïThis book makes an all too rare and important point: One of the distinguishing characteristics of social entrepreneurs is the way their actions and their example pave the way for peace. Kaufman gives us multiple examples here to demonstrate that the kind of empathetic leadership exhibited by these social entrepreneurs builds an alternative to conflict and contributes to the stability and security of societies.Í _ Dr. Diana Wells, President, Ashoka ïUnder the able editorship of Dr. Zachary Kaufman, an upstander in his own right, this pathbreaking book demystifies social entrepreneurship, namely, citizen-inspired initiatives that may have as much potential to overcome the challenges burdening victims of atrocities and other assaults on humankind as social media has demonstrated in revolutionizing how people communicate in the 21st Century.Í _ The Honorable David J. Scheffer, Mayer Brown / Robert A. Helman Professor of Law and Director, Center for International Human Rights, Northwestern University School of Law; former U.S. Ambassador at Large for War Crimes Issues; Author, All the Missing Souls: A Personal History of the War Crimes Tribunals ïThe accounts of social entrepreneurs contained in this volume could well inspire a future shortlist for the Nobel Peace Prize. Zachary Kaufman has coupled impressive narratives with compelling analysis in a collection that informs observers but that will also stimulate more young people to take up the challenges of responding to atrocities.Í _ Dr. William A. Schabas, Professor of International Law, Middlesex University (London); Author, Genocide in International Law: The Crime of Crimes; Commissioner, Sierra Leone Truth and Reconciliation Commission ïThis splendid book is more than a primer on social entrepreneurship for human rights in the developing world. It is also a compendium of searing testimony about the immense practical challenges that idealistic changemakers can overcome by dint of their unflagging energy, incandescent visions of humanity and justice, and on-the-ground skills and resourcefulness. Zachary Kaufman has performed a great public service in orchestrating this admirable volume about how hope for the future can be vindicated even under the most unpromising conditions.Í _ Peter H. Schuck, Simeon E. Baldwin Professor Emeritus of Law, Yale Law School ïAt last, a compelling narrative of the recent achievements to address pressing global issues through social entrepreneurship! This book is a tribute to the authorÍs ethical convictions and the generation of innovators that he represents. As Chairman of UNITAID, the first laboratory of innovative financing, IÍve seen how a small levy on airline tickets can save thousands of lives every year through market solutions. It warms me to see how young thinkers continue to innovate and act to provide global public goods. Pay attention to them!Í _ Philippe Douste-Blazy UN Under Secretary-General in charge of Innovative Financing for Development, Chairman of UNITAID and former French minister of foreign affairs ïAt a time when so many reflexively look to government action as a remedy for todayÍs ills, this valuable book demonstrates the power of social entrepreneurs to take on some of the worldÍs great challenges. Social entrepreneurship is grounded in real-world experience. The projects this book profiles demonstrate the impact of individuals as agents of change _ taking ideas and turning them into action that can help transform entire societies.Í _ Dr. Arthur C. Brooks, President, The American Enterprise Institute; Author, Social Entrepreneurship: A Modern Approach to Social Value Creation ïFor anyone who doubted one person could change the world or just wondered how to get started, Dr. KaufmanÍs book is equal parts inspiration and how-to guide. He has lived and studied social entrepreneurship, and provides a serious contribution to the emerging field of social entrepreneurship, particularly as it relates to genocide and other atrocities.Í _ The Honorable Tom Perriello, former U.S. Congressman; former Special Advisor to the Prosecutor, Special Court for Sierra Leone; Co-Founder, DarfurGenocide.org; current President & CEO, Center for American Progress Action ïSocial Entrepreneurship in the Age of Atrocities is a welcome contribution to the study of one of the most promising social movements in recent time, the mobilization of engaged citizens, or Upstanders, in the face of mass atrocities around the world. Zachary Kaufman incisively investigates how social entrepreneurs are taking on tough issues including conflict prevention and transitional justice, and presents practical lessons learned from the perspective of activists on the ground.Í _ John Prendergast, Co-Founder, Enough Project, Center for American Progress; former Director for African Affairs, U.S. National Security Council; Co-Author, Unlikely Brothers: Our Story of Adventure, Loss, and Redemption; Co-Author, Not on Our Watch: The Mission to End Genocide in Darfur and Beyond ïSocial Entrepreneurship in the Age of Atrocities interweaves two critical movements: social entrepreneurship and human rights. Kaufman is one of the first to explore these intersections in a powerfully informative way. He and his fellow social entrepreneurs provide concrete examples of, and offer practical advice about, the power of ordinary people to confront one of the most intractable problems: mass atrocities. Kaufman demonstrates how we can all be ñupstandersî in the face of such conflicts.Í _ Mark Hanis, Co-Founder & Board member of United to End Genocide (formerly Save Darfur / Genocide Intervention Network); Ashoka Fellow; Echoing Green Fellow ïDr. KaufmanÍs book is a huge addition to the field, and his focus [on atrocities] is spot on. Looking at social entrepreneurship through the lens offered in this book will provide the field with new insights and inspiration. Bravo!Í _ Peter Brinckerhoff, author of Smart Stewardship for Nonprofits: Making the Right Decision in Good Times and Bad and Social Entrepreneurship: The Art of Mission-Based Venture Development ïSocial Entrepreneurship in the Age of Atrocities deftly outlines how young global peace entrepreneurs are successfully fostering smart and agile solutions to some of the worldÍs most intractable problems. Gone are the tired images of doves and peace signs, rightfully replaced with laptops and smart phones. This is a must read for all young leaders who strive to have real impact in their careers, as well as the old guard if they care not to be left behind by the winds of change.Í _ Cameron M. Chisholm, Founder and President, International Peace & Security Institute ïIn an age of austerity, with governments and international organizations limited in their capacity to address atrocities, Dr. Zachary KaufmanÍs book is a timely reminder of the power of social entrepreneurs to effect critical change. But this is no romantic account of the ability of inspired individuals to make a difference after mass conflict. As an insidersÍ view of entrepreneurship, this book gives a warts-and-all account of the personal, political, social, and economic challenges that must be overcome and the energy, risk-taking, and good fortune required to achieve even modest results. Highlighting the crucial work of social entrepreneurs, this collection also provides a necessary critique of the failures of governments and international bodies such as the UN to respond coherently to the challenges of post-conflict societies.Í _ Dr. Phil Clark, Lecturer in Comparative and International Politics, School of Oriental and African Studies, University of London; Co-Founder, Oxford Transitional Justice Research, University of Oxford; Author, The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda: Justice Without Lawyers; Co-Editor, After Genocide: Transitional Justice, Post-Conflict Reconstruction, and Reconciliation in Rwanda and Beyond ïSocial Entrepreneurship in the Age of Atrocities is a bold work of definition and analyses. It presents both concepts and histories _ focused on individuals and groups _ in response to mass violence and atrocities. This significant study, edited by Zachary Kaufman, is a work of clarification and inspiration.Í _ Dr. Judith S. Goldstein, Founder and Executive Director, Humanity in Action ïThis book is nothing less than an antidote against despondency. In and of itself an innovation, Dr. Zachary KaufmanÍs collection of personal narratives by change agents reveals a pattern of how people are bringing light to areas where there seems to be nothing but darkness. The remarkably simple recipe of these social entrepreneurs is to take a good dose of caring, add an innovative solution, and finally knead the project through the phases of iterative testing and growth until impact is achieved. Finally we have in this book an addition to the ever-growing library of literature on human rights and atrocities that is not a call to arms or a cry of accusatory indignation, but a cheerful invitation to roll up oneÍs sleeves.Í _ Dr. Fernande Raine, Social Innovation Leader, Innosight; former Senior Team Member, Ashoka; former management consultant, McKinsey & Company; former Executive Director, Carr Center for Human Rights Policy, John F. Kennedy School of Government, Harvard University ïDr. Zachary Kaufman provides powerful lessons for anyone committed to preventing atrocities, ending conflicts, building peace, and fostering systematic and sustainable positive social change. The compelling and honest first-hand accounts by leading social entrepreneurs working in diverse sectoral areas help ground the field by providing unique insight into the many opportunities, successes, and challenges encountered through the difficult task of change making. This powerful text will inspire many young people and others to take action and work hard in pursuing innovative ways to address some of the most complex, seemingly intractable problems facing the world today. This book should be required reading for anyone seeking to positively impact the world, one step at a time.Í _ Dr. Craig Zelizer, Associate Director, Conflict Resolution Program, Georgetown University; Founder, Peace and Collaborative Development Network ïZachary KaufmanÍs new book expands the term social entrepreneur to include human rights advocates _ in this instance, young people from the Global North, who have chosen to speak out, stand up, and intervene in the complex contexts of war, atrocity, and civil conflict. KaufmanÍs provocative book includes case studies that will help challenge prevailing definitions of this emerging field as it explores how, where, and why social entrepreneurs are engaging with the intersection of geo-politics, international law, and social change.Í _ Kavita N. Ramdas, Executive Director, Program on Social Entrepreneurship, Stanford University; former President & CEO, Global Fund for Women Social Entrepreneurship in the Age of Atrocities provides crucial insight into social entrepreneurship from visionaries in the field as well as other experienced practitioners and renowned theorists. While this book focuses on social entrepreneurship as it relates to genocide and other atrocities, the experiences and lessons learned also apply to additional critical social, economic, legal and political problems such as healthcare, development, education and literacy. The authors in this book address the clear need for further examination of social entrepreneurship. They discuss the challenges, obstacles and opportunities of the field and lend new insight to the concept, history and methodologies of social entrepreneurship. The book profiles case studies based on some of the most innovative and effective social enterprises addressing atrocities, including the National Vision for Sierra Leone, Asylum Access, the Kigali Public Library, Indego Africa, Generation Rwanda, Orphans Against AIDS, Americans for Informed Democracy, and Children of Abraham. Social Entrepreneurship in the Age of Atrocities will inform, instruct and build the community of social entrepreneurs. This unique, essential collection of first-hand accounts is an inspiring and informative addition to the evolving social entrepreneurship literature. It will be of particular interest to social entrepreneurs; students, scholars and practitioners of business, management, public policy, social policy and development studies; anyone with a philanthropic mindset; and all those who are invested in creating and maintaining a socially responsible, accountable world.

The Oxford Handbook of the Theory of International Law

Author: Anne Orford,Florian Hoffmann

Publisher: Oxford University Press

ISBN: 019100555X

Category: Law

Page: 1000

View: 7136

The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

Building a Future on Peace and Justice

Studies on Transitional Justice, Peace and Development The Nuremberg Declaration on Peace and Justice

Author: Kai Ambos,Judith Large,Marieke Wierda

Publisher: Springer Science & Business Media

ISBN: 3540857540

Category: Law

Page: 572

View: 5610

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.

Globalizing Transitional Justice

Author: Ruti G. Teitel

Publisher: Oxford University Press

ISBN: 0190221372

Category:

Page: 250

View: 7567

Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Whether one thinks of the Middle East, South Africa, the Balkans, Latin America, or Cambodia, an extraordinary amount of knowledge has been gained and processes instituted through transitional justice. No longer a byproduct or afterthought, transitional justice is unquestionably the driver of political change. In Globalizing Transitional Justice, Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book Transitional Justice published back in 2000. In this new book, Teitel focuses on the ways in which transitional justice concepts have found legal expression, especially through human rights law and jurisprudence, and international criminal law. These essays shed light on some of the difficult choices encountered in the design of transitional justice: criminal trials vs. amnesties, or truth commissions; domestic or international processes; peace and reconciliation vs. accountability and punishment. Transitional justice is considered not only in relation to political events and legal developments, but also in relation to the broader social and cultural tendencies of our times.

The International Criminal Court

A Commentary on the Rome Statute

Author: William A. Schabas

Publisher: Oxford University Press

ISBN: 0191060305

Category: Law

Page: 1400

View: 5166

Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.

Theorizing Transitional Justice

Author: Claudio Corradetti,Nir Eisikovits

Publisher: Routledge

ISBN: 1317010868

Category: Law

Page: 276

View: 6038

This book addresses the theoretical underpinnings of the field of transitional justice, something that has hitherto been lacking both in study and practice. With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The chapters also take up normative and political considerations pertaining to specific transitional instruments such as war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions. Bringing together some of the most original writings from established experts as well as from promising young scholars in the field, the collection will be an essential resource for researchers, academics and policy-makers in Law, Philosophy, Politics, and Sociology.

After Genocide

Transitional Justice, Post-conflict Reconstruction and Reconciliation in Rwanda and Beyond

Author: Philip Clark,Zachary Daniel Kaufman

Publisher: N.A

ISBN: 9780231700825

Category: History

Page: 399

View: 2829

"The book features chapters from leading scholars in this field, including William Schabas, Rene Lemarchand, Linda Melvern, Kalypso Nicolaidis, and Jennifer Welsh, along with senior government and non-government officials involved in matters related to Rwanda and transitional justice, including Hassan Bubacar Jallow (prosecutor of the UN International Criminal Tribunal for Rwanda), Martin Ngoga (prosecutor general of the Republic of Rwanda), and Luis Moreno Ocampo (prosecutor of the International Criminal Court). After Genocide also offers an unprecedented debate between Rwandan President Paul Kagame and Reni Lemarchand on post-genocide memory and governance in Rwanda.".

Human Rights and their Limits

Author: Wiktor Osiatyński

Publisher: Cambridge University Press

ISBN: 1139479342

Category: Political Science

Page: N.A

View: 3769

Human Rights and their Limits shows that the concept of human rights has developed in waves: each call for rights served the purpose of social groups that tried to stop further proliferation of rights once their own goals were reached. While defending the universality of human rights as norms of behavior, Osiatyński admits that the philosophy on human rights does not need to be universal. Instead he suggests that the enjoyment of social rights should be contingent upon the recipient's contribution to society. He calls for a 'soft universalism' that will not impose rights on others but will share the experience of freedom and help the victims of violations. Although a state of unlimited democracy threatens rights, the excess of rights can limit resources indispensable for democracy. This book argues that, although rights are a prerequisite of freedom, they should be balanced with other values that are indispensable for social harmony and personal happiness.

Jus Post Bellum

Author: Carsten Stahn,Jennifer S. Easterday,Jens Iverson

Publisher: Oxford University Press

ISBN: 0199685894

Category: Law

Page: 564

View: 8119

Jus post bellum is the body of international legal norms and rules of international law that applies to a post-conflict situation as it moves to a status of peace. This book provides a detailed legal analysis of all aspects of jus post bellum, and uses case studies to show its relevance to the reality of situations on the ground.

The Politics of Bureaucratic Corruption in Post-Transitional Eastern Europe

Author: Marina Zaloznaya

Publisher: Cambridge University Press

ISBN: 1316878708

Category: Law

Page: N.A

View: 8604

Using a mix of ethnographic, survey, and comparative historical methodologies, this book offers an unprecedented insight into the corruption economies of Ukrainian and Belarusian universities, hospitals, and secondary schools. Its detailed analysis suggests that political turnover in hybrid political regimes has a strong impact on petty economic crime in service-provision bureaucracies. Theoretically, the book rejects the dominant paradigm that attributes corruption to the allegedly ongoing political transition. Instead, it develops a more nuanced approach that appreciates the complexity of corruption economies in non-Western societies, embraces the local meanings and functions of corruption, and recognizes the stability of new post-transitional regimes in Eastern Europe and beyond. This book offers a critical look at the social costs of transparency, develops a blueprint for a 'sociology of corruption', and offers concrete and feasible policy recommendations. It will appeal to scholars across the social sciences, policymakers and a variety of anti-corruption and social justice activists.

US Foreign Policy on Transitional Justice

Author: Annie R. Bird

Publisher: Oxford University Press

ISBN: 0199338426

Category: Political Science

Page: 288

View: 2380

Since the end of the Cold War, the United States has been a key driver of transitional justice. It has provided crucial political backing, as well as technical and financial assistance for trials, truth commissions, and other measures aimed at helping societies address serious human rights violations. Surprisingly, however, scholars have not analyzed closely the role of the US in transitional justice. This book offers the first systematic and cross-cutting account of US foreign policy on transitional justice. It explores the development of US foreign policy on the field from World War I to the present, and provides an in-depth examination of US involvement in measures in Cambodia, Liberia, and Colombia. Annie Bird supports her findings with nearly 200 interviews with key US and foreign government officials, staff of transitional justice measures, and country experts. By "opening the black box" of US foreign policy, the book shows how the diverse and evolving interests of presidential administrations, Congress, the State Department, and other agencies play a major role in shaping US involvement in transitional justice. The book argues that, despite multiple influences, US foreign policy on transitional justice is characterized by a distinctive approach that is symbolic, retributive, and strategic. As the book concludes, this approach has influenced the field as a whole, including the establishment, design, and implementation of transitional justice measures.

Environmental Principles

From Political Slogans to Legal Rules

Author: Nicolas de Sadeleer

Publisher: Oxford University Press on Demand

ISBN: 9780199254743

Category: Law

Page: 433

View: 8728

This book traces the evolution of environmental principles from their origins as vague political slogans to their embodiment in enforceable laws. In particular it examines three of the most important principles: the polluter pays principles, the preventive principle and the precautionary principle, and their legal effect at the national, regional and international levels.

Health and Social Justice

Author: Jennifer Prah Ruger

Publisher: Oxford University Press

ISBN: 019955997X

Category: Business & Economics

Page: 276

View: 4449

Health and Social Justice provides a theoretical framework for health ethics, public policy and law in which Dr Ruger introduces the health capability paradigm, an innovative and unique approach which considers the capability of health as a moral imperative. This book is the culmination ofmore than a decade and a half of work to develop the health capability paradigm, with a vision of a world where all have the capability to be healthy. This vision is grounded in the Aristotelian view of human flourishing and also Amartya Sen's capability approach. In this new paradigm, not justhealth care, or even just health alone, but the capability for health itself is a moral imperative, as is ensuring the conditions that allow all individuals the means to achieve central health capabilities. Key tenets of health capability include health agency, shared health governance, where individuals, providers and institutions work together to create a social system enabling all to be healthy, and the use of theorized agreements and shared reasoning to guide social choice and shape health policyand decision-making. This book provides philosophical justification for the direct moral importance of health and the capability for health and follows a norms-based approach to health promotion. It employs a joint scientific and deliberative approach to guide health system development and reform,and the allocation of scarce health resources. The health capability paradigm integrates both proceduralist and consequentialist approaches to justice, and both moral and political legitimacy are critical.

To Reform the World

International Organizations and the Making of Modern States

Author: Guy Fiti Sinclair

Publisher: Oxford University Press

ISBN: 0198757964

Category: Law

Page: 368

View: 4683

The book explores how international organizations (IOs) have expanded their powers over time without formally amending their founding treaties. IOs intervene in military, financial, economic, political, social, and cultural affairs, and increasingly take on roles not explicitly assigned to them by law. The book contends that this 'mission creep' has allowed IOs to intervene internationally, most often in the Global South, in a way that has allowed them to recast institutions within and interactions among states, societies, and peoples on a broadly Western, liberal model. Adopting a historical and interdisciplinary, socio-legal approach, it supports this claim through detailed investigations of historical episodes involving three very different organizations: the International Labour Organization in the interwar period; the United Nations in the two decades following the Second World War; and the World Bank from the 1950s through to the 1990s. The book draws on a wide range of original institutional and archival materials, bringing to light little-known aspects of each organization's activities, identifying continuities in the ideas and practices of international governance across the twentieth century, and speaking to a range of pressing theoretical questions in present-day international law and international relations.