Download or read book Balances del proceso de justicia y reparaci n written by and published by . This book was released on 2007* with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Procesos de verdad justicia y reparaci n a las v ctimas de desaparici n forzada en el Sahara Occidental written by María López Belloso and published by Universidad Pública de Navarra/Nafarroako Unibertsitate Publikoa. This book was released on 2019-02-28 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: La tesis de la investigadora, defendida en 2017 en la Universidad de Deusto y dirigida por los profesores Felipe Gómez Isa y Carlos Martín Beristain, analiza el que califica de “conflicto olvidado” del Sahara Occidental desde la perspectiva de los derechos humanos abordando, en particular, el delito de desaparición forzada. Para ello, la autora, que formó parte del equipo de trabajo de la investigación que desembocó en “El Oasis de la Memoria”, analiza en detalle 95 casos de desaparición forzada, 86 de ellos recogidos en dicha publicación y los nueve restantes, en “Meheris: la esperanza posible”. La investigadora indica que es necesaria “una voluntad política real por transformar la realidad y romper con el pasado de violaciones de derechos humanos” y denuncia que “no se haya respetado el derecho de las víctimas a la verdad”. Los resultados del trabajo, según apunta López, se espera que sirvan para que las personas afectadas puedan defender sus derechos ante las instancias internacionales y la Audiencia Nacional española.

Download or read book Truth Justice and Reparations in Peru Uruguay and South Korea written by Ñusta Carranza Ko and published by Springer Nature. This book was released on 2021-01-29 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first cross-regional analysis of post-transitional justice periods and the conditions that influence states’ behaviors. Specifically, the book examines why states that adopt and ostensibly implement transitional justice norms as policies—criminal prosecutions, reparations policies, and truth commissions—fail to follow through with their recommendations. Applying these perspectives to a comparative study of states from Latin America and East Asia—namely, Peru, Uruguay, and South Korea—which accepted and implemented transitional justice norms but took different trajectories of behavior after the implementation of policies, this book contributes to understanding the relationship of norm influence on states and why states change in compliance after norm adoption. The book explores the conditions that contribute or limit the continued respect for transitional justice norms, emphasizing the political interests and transnational advocacy networks’ roles in affecting states’ policies of addressing past abuses.

Download or read book The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court written by Kai Ambos and published by Springer Science & Business Media. This book was released on 2010-06-30 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Striking a balance between peace and justice has long been debated by scholars and practitioners. There has been definite progress in a world in which blanket amnesties were at times granted with little hesitation. There is a growing understanding that accountability has both pragmatic and principled arguments in its favor. Practical arguments as much as shifts in norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark one between peace and justice. The Colombian Justice and Peace Law 975 and its implementation offer an interesting and unique approach to dealing with the international crimes committed in Colombia’s decades-long armed conflict. Yet, will this approach suffice with regard to Colombia’s obligations under international law to investigate and prosecute international crimes? Does it meet the standards of the ICC, which has been monitoring the Colombian situation for some time now? In particular, does it pass the complementarity test laid out in the ICC statute or will the ICC have to intervene in Colombia to enforce international criminal law?

Download or read book Comparing Transitions to Democracy Law and Justice in South America and Europe written by Cristiano Paixão and published by Springer Nature. This book was released on 2021-10-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.

Download or read book Enhancing Democracy written by Gonzalo Delamaza and published by Berghahn Books. This book was released on 2014-11-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Pinochet regime, Chilean public policy has sought to rebuild democratic governance in the country. This book examines the links between the state and civil society in Chile and the ways social policies have sought to ensure the inclusion of the poor in society and democracy. Although Chile has gained political stability and grown economically, the ability of social policies to expand democratic governance and participation has proved limited, and in fact such policies have become subordinate to an elitist model of democracy and resulted in a restrictive form of citizen participation.

Download or read book Transitional Justice in Latin America written by Elin Skaar and published by Routledge. This book was released on 2016-10-27 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.

Download or read book The Balance between Worker Protection and Employer Powers written by Nuno Cerejeira Namora and published by Cambridge Scholars Publishing. This book was released on 2019-01-17 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the most important problems and challenges of the current labour market from the point of view of the balance between the parties of the employment contract. The contributions here are related to various pressing topics, including, for example, the future of work and worker protection on an international level against the strengthening of employers’ powers. In addition, the nature and limits of employers’ power, non-competition contractual clauses and workers’ rights in the face of new communication and information technologies are also discussed. The contributors are drawn from several countries, such as Portugal, Spain, Bolivia, Italy, México and Switzerland. The book will appeal to lawyers, legal experts, human resources experts, economist, judges, academia, and staff from companies and trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (4) and Portuguese (5).

Download or read book Truth Justice and Reconciliation in Colombia written by Fabio Andres Diaz Pabon and published by Routledge. This book was released on 2018-05-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The signing of the peace agreements between the FARC-EP and the Colombian Government in late November 2016 has generated new prospects for peace in Colombia, opening the possibility of redressing the harm inflicted on Colombians by Colombians. Talking about peace and transitional justice requires us to think about how to operationalize peace agreements to promote justice and coexistence for peace. This volume brings together reflections by Colombian academics and practitioners alongside pieces provided by researchers and practitioners in other countries where transitional justice initiatives have taken place (Bosnia and Herzegovina, South Africa, Sri Lanka and Peru). This volume has been written in the south, by the south, for the south. The book engages with the challenges ahead for the coming generations of Colombians. Rivers of ink have dealt with the end goals of transitional justice, but victims require us to take the quest for human rights beyond the normative realm of theorizing justice and into the practical realm of engaging how to implement justice initiatives. The tension between theory—the legislative frameworks guaranteeing human rights—and practice—the realization of these ideas—will frame Colombia’s success (or failure) in consolidating the implementation of the peace agreements with the FARC-EP.

Download or read book Reparations for Victims of Armed Conflict written by Cristián Correa and published by Cambridge University Press. This book was released on 2020-12-17 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.

Download or read book Distributive Justice in Transitions written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-08-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters of this book explore, from different disciplinary perspectives, the relationship between transitional justice, distributive justice, and economic efficiency in the settlement of internal armed conflicts. They specifically discuss the role of land reform as an instrument of these goals, and examine how the balance between different perspectives has been attempted (or not) in selected cases of internal armed conflicts, and how it should be attempted in principle. Although most chapters closely examine the Colombian case, some provide a comparative perspective that includes countries in Latin America, Africa, and Eastern Europe, while others examine some of the more general, theoretical issues involved.

Download or read book The Face of Peace written by Gwen Burnyeat and published by University of Chicago Press. This book was released on 2022-09-27 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Colombia's 2016 peace agreement with the FARC guerrilla sought to end fifty years of war, and won President Juan Manuel Santos the Nobel Peace Prize. Yet Colombian society rejected it in a polarizing referendum, amid an emotive disinformation campaign. A renegotiated deal began to be implemented, albeit haunted by a legitimacy deficit. Gwen Burnyeat, a political anthropologist and peace practitioner, joined the Office of the High Commissioner for Peace, the government institution responsible for peace negotiations, which created a "peace pedagogy" strategy, a world first in peace processes, to explain the agreement to Colombian society. Her multi-scale ethnography, based on unprecedented access to government officials, reveals the challenges they experienced in representing the government to skeptical audiences and translating the peace process for public opinion. Through peace pedagogy, officials embodied the government and became the relay between state and citizens--effectively, the face of the Santos government. Burnyeat argues that Santos' failure to mobilize society was the fatal flaw in the peace process. As in the UK's Brexit referendum and the US Trump election, rational explanations were powerless against disinformation because political views are shaped by emotions, culture, history, and identity. The Face of Peace offers the Colombian case as a mirror to the global crisis of liberalism, shattering the fantasy of rationality that haunts liberal responses to "post-truth" politics"--

Download or read book Restorative Justice Self interest and Responsible Citizenship written by Lode Walgrave and published by Routledge. This book was released on 2013-05-13 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lode Walgrave has made a highly significant contribution to the worldwide development of the restorative justice movement over the last two decades. This book represents the culmination of his vision for restorative justice. Coming to the subject from a juvenile justice background he initially saw restorative justice as a means of escaping the rehabilitation-punishment dilemma, and as the basis for a more constructive judicial response to youth crime that had been the case hitherto. Over time his conception of restorative justice moved in the direction of focusing on repairing harm and suffering rather than ensuring that the youthful offender met with a 'just' response, and encompassing the notion that restorative justice was not so much about a justice system promoting restoration, more a matter of doing justice through restoration. This book develops Lode Walgrave's conception of restorative justice further, incorporating a number of key elements. • a clearly outcome-based definition of restorative justice • acceptance of the need to use judicial coercion to impose sanctions as part of the reparative process • presenting restorative justice as a fully fledged alternative to the punitive apriorism • development of a more sophisticated concept of the relationship between restorative justice and the law, and acceptance of the need for legal regulation • a consideration of the expansion of a restorative justice philosophy into other areas of social life and the threats and opportunities this provides • a consideration of the implications of the expansion of restorative justice for the discipline of criminology and democracy

Download or read book Radical Deprivation on Trial written by César Rodríguez-Garavito and published by Cambridge University Press. This book was released on 2015-10-22 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.

Download or read book ADLAF Congreso 2016 written by Arbeitsgemeinschaft Deutsche Lateinamerika-Forschung. Symposium and published by . This book was released on 2017 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Political Economy of War and Peace written by Murray Wolfson and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: cancer n. any malignant tumor . . . Metastasis may occur via the bloodstream or the lymphatic channels or across body cavities . . . setting up secondary tumors . . . Each individual primary tumor has its own pattern . . . There are probably many causative factors . . . Treatment. . . depends on the type of tumor, the site of the primary tumor and the extent of the spread. (Oxford Concise Medical Dictionary 1996, 97) Let us begin by stating the obvious. Acts of organized violence are not necessarily of human nature, but they are endogenous events arising within the an intrinsic part evolution of complex systems of social interaction. To be sure, all wars have features in common - people are killed and property is destroyed - but in their origin wars are likely to be at least as different as the social structures from which they arise. Consequently, it is unlikely that there can be a simple theory of the causes of war or the maintenance of peace. The fact that wars are historical events need not discourage us. On the contrary, we should focus our understanding of the dimensions of each conflict, or classes of conflict, on the conjuncture of causes at hand. It follows that the study of conflict must be an interdisciplinary one. It is or a penchant for eclecticism that leads to that conclusion, but the not humility multi-dimensionality of war itself.

Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-06-16 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.