Download or read book The Temporal Dimension of Justice written by Santiago Truccone and published by Walter de Gruyter GmbH & Co KG. This book was released on 2024-10-21 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should historical injustices always be repaired? Upon scrutinising public institutions and present holdings, it becomes evident that many are partially the result of past injustices. Consequently, the imperative to rectify and repair historical injustices emerges. However, as circumstances change over time and these changes affect justice, the argument for repairing historical injustices becomes more intricate. The distributive and reparative aspects of justice may be in tension with each other. Possible tensions between these aspects of justice are assessed by discussing the thesis about the supersession of historical injustices. Different facets of the supersession thesis are evaluated in two contexts. The first context, explored in the initial part of the book, examines whether and, if so, under what conditions, post-colonial injustices against 19th-century Latin American indigenous peoples should be repaired. The second context, explored later in the book, assesses how climate burdens should be distributed globally and how to respond to potential injustices arising from departures from a fair climate transition towards net-zero CO2 emissions societies. The book demonstrates that repairing historical injustices is compatible with the imperatives of distributive justice.

Download or read book Spatial and Temporal Dimensions for Legal History written by Massimo Meccarelli and published by Max Planck Institute for European Legal History. This book was released on 2016-07-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component. This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces. The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’. As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."

Download or read book Temporal Boundaries of Law and Politics written by Luigi Corrias and published by Routledge. This book was released on 2018-04-09 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade, the changing role of time in society has once again taken centre stage in the academic debate. A prominent, but surely not the only, aspect of this debate hinges on the so-called acceleration of time and its societal consequences. Despite the fact that time is fundamental to the way in which law and politics function, the influence of the contemporary experience of time on law and politics remains underdeveloped. How, for example, does society’s structural acceleration impact on justice? Does law actually offer stability and predictability in an ever-changing global world? How can legal and political institutions function in the wake of ever-increasing uncertainty? Both law and politics employ time to order society but they are also limited in what can be effectuated by time. It is this very tension between temporal possibilities and limitations that the contributors to this collection – drawn from different fields of law, as well as from other disciplines – examine.

Download or read book The Finnish Yearbook of International Law 1998 written by Kari Takamaa and published by Martinus Nijhoff Publishers. This book was released on 2000-08-01 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite its Finnish initiative and pedigrees, "The Finnish Yearbook of International Law" does not restrict itself to purely Finnish' topics. On the contrary, it reflects the many connections in law between the national and the international. "The Finnish Yearbook of International Law" annually publishes articles of high quality dealing with all aspects of international law, including international law aspects of European law, with close attention to developments that affect Finland. Its offerings include: longer articles of a theoretical nature, exploring new avenues and approaches; shorter polemics; commentaries on current international law developments; book reviews; and documentation of relevance to Finland's foreign relations not easily available elsewhere. "The Finnish Yearbook" offers a fertile ground for the expression of and reflection on the connections between Finnish law and international law as a whole and insight into the richness of this interaction.

Download or read book International Law for Humankind written by Antônio Augusto Cançado Trindade and published by Martinus Nijhoff Publishers. This book was released on 2013-06-17 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.

Download or read book The Colombian Constitutional Court in Comparative Perspective written by Alejandro Linares Cantillo and published by . This book was released on 2021-03 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This compilation of twenty essays gathers some of the most prominent authors in constitutionalism and legal theory to critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, and the theory of transitional justice.

Download or read book Jus Post Bellum The Rediscovery Foundations and Future of the Law of Transforming War into Peace written by Jens Iverson and published by BRILL. This book was released on 2021-05-31 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Jus Post Bellum, Jens Iverson provides for the first time the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace.

Download or read book Judge Ant nio A Can ado Trindade The Construction of a Humanized International Law written by Antônio Augusto Cançado Trindade and published by Hotei Publishing. This book was released on 2015-01-27 with total page 1910 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the sixth in the Series The Judges, which collects and synthesizes the opinions of leading international Judges of the contemporary era who have contributed significantly to the progressive development of international law. The current volume contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade, former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. Revisiting the traditional conceptions of the basis of State responsibility and of jurisdiction, the problems of amnesty laws, the prohibitions of jus cogens, the imperative of access to justice in the light of jus cogens, the obligations erga omnes of protection, the provisional measures of protection, locus standi in judicio and the international legal personality of the human person, jus standi and the international legal capacity of the human person, and developments in reparations, are but a few examples of the themes examined in the learned Opinions expressed by Judge Cançado Trindade at the Inter-American Court of Human Rights. The great achievement of Judge Cançado Trindade at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations. The volume includes a Preface by Dean Spielmann and a General Introduction by Andrew Drzemczewski. Two volume set. This title comprises volume 1 & 2. We also offer this title as part of a 3 volume set (isbn 9789004375048).

Download or read book Rape Sexual Violence and Transitional Justice Challenges written by Janine Natalya Clark and published by Routledge. This book was released on 2017-09-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is estimated that 20,000 people were subjected to rape and other forms of sexual violence during the 1992–1995 Bosnian war. Today, these men and women have been largely forgotten. Where are they now? To what extent do their experiences continue to affect and influence their lives, and the lives of those around them? What are the principal problems that these individuals face? Such questions remain largely unanswered. More broadly, the long-term consequences of conflict-related rape and sexual violence are often overlooked. Based on extensive interviews with male and female survivors from all ethnic groups in Bosnia-Herzegovina (BiH), this interdisciplinary book addresses a critical gap in the current literature on rape and sexual violence in conflict situations. In so doing, it uniquely situates and explores the legacy of these crimes within a transitional justice framework. Demonstrating that transitional justice processes in BiH have neglected the long-term effects of rape and sexual violence, it develops and operationalizes a new holistic approach to transitional justice that is based on an expanded conception of ‘legacy’ and has a wider application beyond BiH.

Download or read book Handbook of Intergenerational Justice written by Joerg Chet Tremmel and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume undertake to establish the foundations and definitions of intergenerational justice and to explore its capacity to guide us in policy and public opinion judgments we must make to face unprecedented issues. . . We are changing the biosphere and using resources to an extent never contemplated in the history of ethics. Deterioration of our oceans, loss of topsoil, insecurity about potable water supplies, the ozone hole, global warming, and the question about how to handle high-level nuclear waste which remains lethal perhaps 400,000 years from now, are some examples whose consequences reach far beyond inherited principles and policies of responsibility to others. This Handbook works to open a path for debate, extension of our tradition and invention of new thinking on these issues. Craig Walton, University of Nevada, Las Vegas, US More than a Handbook, this collection is a landmark work showing the way to a new ethics of intergenerational responsibility. It raises, in the most comprehensive way, the overarching ethical questions of our time, What are the rights of future generations? and How might present generations establish a philosophical foundation for its responsibilities to generations to come? . Peter Blaze Corcoran, Center for Environmental and Sustainability Education, Florida Gulf Coast University, US This important book provides a rich menu of history, current theory, and future directions in constitutional law, philosophy of rights and justice, and the relations of economics and politics to time, institutions, and the common good. It is enlivened by back-and-forth discussions among the authors (including some disagreements), as well as by applications to important contemporary issues such as climate change, nuclear waste, and public debt. Theoretic considerations are nicely balanced with examples of the means adopted in a number of countries to establish a legal foundation for protection of the quality of life for future generations. Neva Goodwin, Tufts University, US Do we owe the future anything? If so, what and why? Our capacity to affect the lives of future generations is greater than ever before, but what principles should regulate our relationship with people who don t yet exist? This Handbook offers a comprehensive survey of the key debates and pathbreaking accounts of potential ways forward both ethical and institutional. Andrew Dobson, The Open University, UK This Handbook provides a detailed overview of various issues related to intergenerational justice. Comprising articles written by a distinguished group of scholars from the international scientific community, the Handbook is divided into two main thematic sections foundations and definitions of intergenerational justice and institutionalization of intergenerational justice. The first part clarifies basic terms and traces back the origins of the idea of intergenerational justice. It also focuses on the problem of intergenerational buck-passing in the ecological context; for example in relation to nuclear waste and the greenhouse effect. At the same time, it also sheds light on the relationship between intergenerational justice and economics, addressing issues such as public debt and financial sustainability. The innovative second part of the volume highlights how posterity can be institutionally protected, such as by inserting relevant clauses into national constitutions. Reading this volume is the best way to gain an overall knowledge of intergenerational justice an extremely salient and topical issue of our time. The Handbook is an important contribution to the literature and will be of great interest to academics and graduate students as well as readers interested in wider human rights issues.

Download or read book The Confluence of Public and Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2009-07-02 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the relationship between private international law, examined from an international systemic perspective, and public international law.

Download or read book Cross border Water Trade Legal and Interdisciplinary Perspectives written by Piotr Szwedo and published by BRILL. This book was released on 2018-11-12 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.

Download or read book Conflict Transformation and Reconciliation written by Sarah Maddison and published by Routledge. This book was released on 2015-06-19 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines approaches to reconciliation and peacebuilding in settler colonial, post-conflict, and divided societies. In contrast to current literature, this book provides a broader assessment of reconciliation and conflict transformation by applying a distinctive ‘multi-level’ approach. The analysis provides a unique intervention in the field, one that significantly complicates received notions of reconciliation and transitional justice, and considers conflict transformation across the constitutional, institutional, and relational levels of society. Drawing on extensive fieldwork in South Africa, Northern Ireland, Australia, and Guatemala, the work presents an interdisciplinary study of the complex political challenges facing societies attempting to transition either from violence and authoritarianism to peace and democracy, or from colonialism to post-colonialism. Informed by theories of agonistic democracy, the book conceives of reconciliation as a process that is deeply political, and that prioritises the capacity to retain and develop democratic political contest in societies that have, in other ways, been able to resolve their conflicts. The cases considered suggest that reconciliation is most likely an open-ended process rather than a goal — a process that requires divided societies to pay ongoing attention to reconciliatory efforts at all levels, long after the eyes of the world have moved on from countries where the work of reconciliation is thought to be finished. This book will be of great interest to students of reconciliation, conflict transformation, peacebuilding, transitional justice and IR in general.

Download or read book Sustainability written by Helen Kopnina and published by Routledge. This book was released on 2015-06-19 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainability: Key Issues is a comprehensive introductory textbook for undergraduate and postgraduate students doing courses in sustainability. Highly original, it covers the very broad spectrum of ideas covered under sustainability, from participation, resilience, growth, ecological modernism through to culture, sustainable communities and sustainable consumption. Each chapter covers one key idea, and has been written by an expert in that field. This book makes key issues approachable, with each chapter containing: a definition of the key concept a history of how and why the issue has emerged a discussion of the advantages, drawbacks, main contributions and controversies associated with this issue case studies to demonstrate how it works in reality critical discussion of mainstream models of sustainability and the reason why they don't work introduction of beyond-the-convention alternatives, including circular economy and cradle to cradle approaches This is the ideal book for students and anyone interested in understanding the key issues within sustainability and how they interact.

Download or read book Interpreting Nature written by Brian Treanor and published by Fordham Univ Press. This book was released on 2013-11-11 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern environmentalism has come to realize that many of its key concerns—“wilderness” and “nature” among them—are contested territory, viewed differently by different people. Understanding nature requires science and ecology, to be sure, but it also requires a sensitivity to history, culture, and narrative. Thus, understanding nature is a fundamentally hermeneutic task.

Download or read book Energy Security Equality and Justice written by Benjamin K. Sovacool and published by Routledge. This book was released on 2013-12-04 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book applies concepts from ethics, justice, and political philosophy to five sets of contemporary energy problems cutting across time, economics, politics, geography, and technology. In doing so, the authors derive two key energy justice principles from modern theories of distributive justice, procedural justice, and cosmopolitan justice. The prohibitive principle states that "energy systems must be designed and constructed in such a way that they do not unduly interfere with the ability of people to acquire those basic goods to which they are justly entitled." The affirmative principle states that "if any of the basic goods to which people are justly entitled can only be secured by means of energy services, then in that case there is also a derivative entitlement to the energy services." In laying out and employing these principles, the book details a long list of current energy injustices ranging from human rights abuses and energy-related civil conflict to energy poverty and pervasive and growing negative externalities. The book illustrates the significance of energy justice by combining the most up-to-date data on global energy security and climate change, including case studies and examples from the electricity supply, transport, and heating and cooking sectors, with appraisals based on centuries of thought about the meaning of justice in social decisions.

Download or read book Sins Of The Parents written by Brian Weiner and published by Temple University Press. This book was released on 2009-09-03 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should governments apologize for past wrongs done in their name?