Download or read book Promoting the Rule of Law in Post Conflict States written by Laura Grenfell and published by Cambridge University Press. This book was released on 2013-07-11 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laura Grenfell critically evaluates how the rule of law is contextualized and promoted in states where customary law is prevalent.
Download or read book Informal Justice written by Roger Matthews and published by SAGE Publications Limited. This book was released on 1988-12 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Informal forms of justice such as mediation have been greeted enthusiastically as progress from the punishment model of justice -- and criticised as broadening rather than narrowing the reach of the criminal justice system. Here the contributors assess the evidence and re-appraise the theory of informalism.
Download or read book Customary Justice and the Rule of Law in War torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "
Download or read book Moving Toward a Just Peace written by Jan Marie Fritz and published by Springer Science & Business Media. This book was released on 2013-11-18 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation, the facilitated discussion of disputes and conflicts, is a flexible approach that can be used at all levels of intervention to move us toward a global peace that is both inclusive and fair. This volume, edited by Jan Marie Fritz, brings together mediators, scholar-practitioners, and a veteran diplomat to discuss the life and times of mediation in very different settings. The 14 chapters include three essays about culture, creativity, and models/theories/approaches. And there are ten chapters about practice: community mediation, mediation by police, special education mediation; interventions on behalf of widows in Nigeria; capacity-building work in Burundi; mediation in Israel; the creative facilitation of meetings; community conferencing; UN Security Council Resolution 1325 (Women and Peace and Security) and the role of civil society organizations in peacebuilding. This volume discusses the expanding roles - from prevention through societal transformation - assumed by mediators and the urgent need for mediators working at different intervention levels to learn from each other. This volume is a must read for scholars, researchers, policymakers, civil society representatives and practitioners with interests in effective dispute and conflict intervention. It particularly is recommended for those managing dispute and conflict intervention processes.
Download or read book The Elgar Companion to Post Conflict Transition written by Hans-Joachim Giessmann and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the main drivers of political transition and regime change? And to what extent do these apparently seismic political changes result in real change? These questions are the focus of this comparative study written by a mix of scholars and practitioners. This state-of-the-art volume identifies patterns in political transitions, but is largely unconvinced that these transitions bring about real change to the underlying structures of society. Patriarchy, land tenure, and economic systems often remain immune to change, despite the headlines.
Download or read book Governance and Societal Adaptation in Fragile States written by John Idriss Lahai and published by Springer Nature. This book was released on 2020-06-09 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the various ways in which some fragile states in the Global South (or states with limited statehood) have adopted, and adapted to, processes of governance in their quests to address the socialized problems affecting their societies. It tells the story of these states’ resilience in the societal adaptation to a liberalized notion of governance. In addition to comparative case studies, the book also analyzes the engendered interplay of culture, economics, and politics in the creation of people-centric governance reforms. The contributing authors shed light on weak states’ often constructive engagement in the promotion of state governance under a variety of societal conditions, adverse or otherwise, and on their ability to remain resilient despite the complexities of the political and economic challenges they face.
Download or read book Access to Justice Beyond the State Courts written by Aimé-Parfait Niyonkuru and published by LIT Verlag Münster. This book was released on 2021-12-28 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Costliness, excessive delay, bias against the weak, corruption, underfunding, insufficiency of legal skills and shortage of training programmes (for the judicial staff in its diversity), complexity of legal rules and procedures, including the language of both the law and the Court, dependency vis-à-vis the political authorities; these are flaws documented as hindering equal and effective access to Burundis formal state court justice system. This book argues that engaging with out-of-court justice in Burundis legal pluralism model may positively impact on peoples access to justice, particularly for the poor and the underprivileged.
Download or read book Partnership for Democratic Governance Contracting Out Government Functions and Services Emerging Lessons from Post Conflict and Fragile Situations written by OECD and published by OECD Publishing. This book was released on 2009-12-03 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume of the Partnership for Democratic Governance Series investigates whether ‘contracting out’ core government functions and services has been conducive to capacity development. Case studies discusses the evidence and emerging lessons of contracting out.
Download or read book Rethinking the Liberal Peace written by Shahrbanou Tadjbakhsh and published by Taylor & Francis. This book was released on 2011-03-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a critical analysis of the liberal peace project and offers possible alternatives and models. In the past decade, the model used for reconstructing societies after conflicts has been based on liberal assumptions about the pacifiying effects of 'open markets' and 'open societies'. Yet, despite the vast resources invested in helping establish the precepts of this liberal peace, outcomes have left much to be desired. The book argues that failures in the liberal peace project are not only due to efficiency problems related to its adaptation in adverse local environments, but mostly due to problems of legitimacy of turning an ideal into a doctrine for action. The aim of the book is to scrutinize assumptions about the value of democratization and marketization and realities on the ground by combining theoretical discussions with empirical evidence from key post-conflict settings such as Iraq and Afghanistan. These show the disparities that exist between the ideals and the reality of the liberal peace project, as seen by external peacebuilders and domestic actors. The book then proposes various alternatives and modifications to better accommodate local perspectives, values and agency in attempts to forge a new consensus. This book will be of great interest to students of peacebuilding/peacekeeping, statebuilding, war and conflict studies, international security and IR.
Download or read book Reconceiving Civil Society and Transitional Justice written by Joanne Wallis and published by Routledge. This book was released on 2020-05-21 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconceiving Civil Society and Transitional Justice examines the role of civil society in transitional justice, exploring the forms of civil society that are enabled or disabled by transitional justice processes and the forms of transitional justice activity that are enabled and disabled by civil society actors. Although civil society organisations play an integral role in the pursuit of transitional justice in conflict-affected societies, the literature lacks a comprehensive conceptualisation of the diversity and complexity of these roles. This reflects the degree to which dominant approaches to transitional justice focus on liberal-legal justice strategies and international human rights norms. In this context, civil society organisations are perceived as intermediaries who are thought to advocate for and support formal, liberal transitional justice processes. The contributions to this volume demonstrate that the reality is more complicated; civil society can – and does – play important roles in enabling formal transitional justice processes, but it can also disrupt them. Informed by detailed fieldwork across Asia and the Pacific Islands, the contributions demonstrate that neither transitional justice or civil society should be treated as taken-for-granted concepts. Demonstrating that neither transitional justice or civil society should be treated as taken-for-granted concepts, Reconceiving Civil Society and Transitional Justice will be of great interest to scholars of Security Studies, Asian Studies, Peacebuilding, Asia Pacific, Human Rights, Reconciliation and the Politics of Memory. The chapters were originally published as a special issue of Global Change, Peace & Security.
Download or read book Partners in Peace written by Mathijs van Leeuwen and published by Routledge. This book was released on 2016-05-13 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do international organizations support local peacebuilding? Do they really understand conflict? Partners in Peace challenges the global perceptions and assumptions of the roles played by civil society in peacebuilding and offers a radically new perspective on how international organizations can support such efforts. Framing the debate using case studies from Africa and Central America, the author examines different meanings of peacebuilding, the practices and politics of interpreting conflict and how planned interventions work out. Comparing original views with contemporary perceptions of non-state actors, Partners in Peace includes many recommendations for NGOs involved in peacebuilding and constructs a new understanding on how these possible solutions relate to politics and practices on the ground. Concise in both theoretical and empirical analysis, this book is an important contribution to our understanding of civil society's role in building sustainable peace.
Download or read book Localizing Transitional Justice written by Rosalind Shaw and published by Stanford University Press. This book was released on 2010-04-23 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through war crimes prosecutions, truth commissions, purges of perpetrators, reparations, and memorials, transitional justice practices work under the assumptions that truth telling leads to reconciliation, prosecutions bring closure, and justice prevents the recurrence of violence. But when local responses to transitional justice destabilize these assumptions, the result can be a troubling disconnection between international norms and survivors' priorities. Localizing Transitional Justice traces how ordinary people respond to—and sometimes transform—transitional justice mechanisms, laying a foundation for more locally responsive approaches to social reconstruction after mass violence and egregious human rights violations. Recasting understandings of culture and locality prevalent in international justice, this vital book explores the complex, unpredictable, and unequal encounter among international legal norms, transitional justice mechanisms, national agendas, and local priorities and practices.
Download or read book Life after Violence written by Peter Uvin and published by Zed Books Ltd.. This book was released on 2013-04-04 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Burundi has recently emerged from twelve years of devastating civil war. Its economy has been destroyed and hundreds and thousands of people have been killed. In this book, the voices of ordinary Burundians are heard for the first time. Farmers, artisans, traders, mothers, soldiers and students talk about the past and the future, war and peace, their hopes for a better life and their relationships with each other and the state. Young men, in particular, often seen as the cause of violence and war, talk about the difficulties of living up to standards of masculinity in an impoverished and war-torn society. Weaving a rich tapestry, Peter Uvin pitches the ideas and aspirations of people on the ground against the theory and assumptions often made by the international development and peace-building agencies and organisations. In doing this, he illuminates both shared goals and misunderstandings. This groundbreaking book on conflict and society in Africa will have profound repercussions for development across the world.
Download or read book Working with Customary Justice Systems written by Erica Harper and published by . This book was released on 2011 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Working with Customary Justice Systems: Post-conflict and Fragile States is a collection of articles from the 'Legal Empowerment and Customary Law Research Grants' program, where seven bursaries were awarded to scholar-practitioners to develop and conduct empirically grounded and evidence-based research programs to evaluate the impact of an empowerment-based initiative involving customary justice. The case studies illustrate that what is effective is situation-specific and contingent upon a variety of factors including, among others, social norms, the presence and strength of a rule of law culture, socioeconomic realities and national and geo-politics"--Provided by publisher.
Download or read book Legal Consciousness and the Rule of Law in Post Conflict Societies written by Holly Dunn and published by Taylor & Francis. This book was released on 2022-12-30 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how legal reforms and awareness raising associated with building the rule of law have engaged the popular legal consciousness, producing contradictions that have in turn shaped the nature of the resultant legality. How are popular legal-justice beliefs and practices transformed when legal reforms encounter local contexts and cultures? For over a decade, scholars have engaged with the argument that legal reform through rule of law building is the answer to the various ills of countries transitioning from war to peace or authoritarianism to democracy. Yet, scholars have also repeatedly critiqued rule of law building projects: The rule of law, in theory and in practice, is a product of Western liberal thought and development and provides limited space for local culture, norms, and practices. This tension has been playing out in multiple locations, and in the Democratic Republic of Congo for about two decades. This book examines how rule of law reforms in the Democratic Republic of Congo shape local understandings and practices of law and justice. Instead of focusing on their so-called successes and failures, it explores popular legal consciousness – how people think about, perceive, and engage with the law – to draw broader conclusions about the practical, everyday outcomes of attempts to build the rule of law. This book will appeal to comparativists, Africanists, and socio-legal scholars who study post-conflict reconstruction, rule of law building, legal consciousness, access to justice and legal pluralism, as well as those with practical interests in these areas.
Download or read book Building a Future on Peace and Justice written by Kai Ambos and published by Springer Science & Business Media. This book was released on 2008-12-04 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rwanda s Gacaca Courts written by Paul Christoph Bornkamm and published by Oxford University Press. This book was released on 2012-01-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally presented as the author's thesis (doctoral)--Humboldt University of Berlin, 2009.
