Access To Justice And Human Security
Download Access To Justice And Human Security full books in PDF, epub, and Kindle. Read online free Access To Justice And Human Security ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Sindiso Mnisi Weeks |
Publisher | : Routledge |
Total Pages | : 423 |
Release | : 2017-11-22 |
Genre | : Law |
ISBN | : 1351669567 |
For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.
Author | : Francesco Francioni |
Publisher | : OUP Oxford |
Total Pages | : 272 |
Release | : 2007-10-25 |
Genre | : Law |
ISBN | : 0191018651 |
In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
Author | : Monica den Boer |
Publisher | : Amsterdam University Press |
Total Pages | : 273 |
Release | : 2008 |
Genre | : Political Science |
ISBN | : 9053567968 |
This volume elaborates on the EU report A Human Security Doctrine for Europe, adding an engaging discussion of international legal consequences and operational demands in the European Union’s quest for domestic security. Introducing the concept of “Human Security from Below,” the editors highlight how people in war-torn countries have no choice but to create their own security arrangements. But such structures, surprisingly, are not unique to war zones, the contributors reveal—human security initiatives from below occur in even the most stable Western countries. Arguing that human security as a concept only makes sense if it covers both foreign and domestic policy concerns, The Viability of Human Security offers concise insights on this largely neglected topic.
Author | : Patrick Keyzer |
Publisher | : Routledge |
Total Pages | : 307 |
Release | : 2014-11-20 |
Genre | : Political Science |
ISBN | : 1317661117 |
There is much debate about the scope of international law, its compatibility with individual state practice, its enforceability and the recent and limited degree to which it is institutionalized. This collection of essays seeks to address the issue of access to justice, the related element of domestic rule of law which does not yet figure significantly in debates about international rule of law. Even in cases in which laws are passed, institutions are present and key players are ethically committed to the rule of law, those whom the laws are intended to protect may be unable to secure protection. This is an issue in most domestic jurisdictions but also one which poses severe problems for international justice worldwide. The book will be of interest to academics and practitioners of international law, environmental law, transitional justice, international development, human rights, ethics, international relations and political theory.
Author | : Rebecca L. Sanderfur |
Publisher | : Emerald Group Publishing |
Total Pages | : 288 |
Release | : 2009-03-23 |
Genre | : Social Science |
ISBN | : 1848552432 |
Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.
Author | : Oberleitner, Gerd |
Publisher | : Edward Elgar Publishing |
Total Pages | : 451 |
Release | : 2022-10-14 |
Genre | : Law |
ISBN | : 1800376979 |
This comprehensive Research Handbook considers the place of human security, both in practice and as a concept within international law, examining the preconditions for and consequences of applying human security to international legal thinking and practice. It also proposes a future international law in which human security is central to the law’s purpose. This title contains one or more Open Access chapters.
Author | : Rachel Sieder |
Publisher | : |
Total Pages | : 299 |
Release | : 2017 |
Genre | : |
ISBN | : 9780813590691 |
Author | : Lauren Marie Balasco |
Publisher | : |
Total Pages | : 0 |
Release | : 2022 |
Genre | : |
ISBN | : |
This dissertation studies the relationship between transitional justice and human security. Examples of transitional justice include truth commissions, special prosecutions, amnesties, lustration policies, security sector and judicial reforms, as well as memorial and memory projects. Human security refers to the critical (severe) and pervasive (widespread) human threats and situations that could destabilize a state and society. Because I argue that, ultimately, the security of justice is predicated on the actualization of human security, this dissertation examines the extent to which human security-as a claim to justice-is advanced by the implementation of transitional justice mechanisms. Understanding how transitional justice informs human security practices may lead scholars and practitioners to reflect on the widespread assumption that security must be first in place in order for justice to be enacted. My research question problematizes that very assumption and investigates if and how the practice of justice is used to further the work of human security advocates and their agendas. I explore this impact on the three subfields of human security: safety of peoples, development, and rule of law/human rights. Chapter 3 explores the relationship between transitional justice and the safety of peoples by examining the displacement crisis in Colombia. Chapter 4 discusses how transitional justice relates to development by studying the impact of international courts on reparations programs in Guatemala and Uganda. Chapter 5 addresses the impact of transitional justice on rule of law/human rights by discussing the successes and failures of transitional justice in reforming the state to establish the rule of law in Kenya and Peru. In each of these substantive chapters I explore the conceptual and empirical connections between transitional justice and human security by introducing specific analytical frameworks to organize the evidence. My analysis reveals that, unfortunately, the empirical impact of transitional justice on human security initiatives is rather tenuous despite their strong conceptual connections. There is little coordinated effort between transitional justice and human security epistemic communities, despite the fact that victim testimony and claims to justice are often framed around the human insecurities people face in their daily lives. While many countries are adopting TJ mechanisms, these mechanisms rarely take into account persistent human insecurities that could undermine their ultimate goals to prevent the repeat of a violent and authoritarian past and restore the dignity and rights of individuals.
Author | : Lyal S. Sunga |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 516 |
Release | : 1997-09-17 |
Genre | : Law |
ISBN | : 9789041104724 |
How far has the world come in creating a system of international criminal law? As global society grows ever more interdependent, international crime is increasingly regarded as a serious threat. Now is the time for the international community to produce more comprehensive solutions to prevent, punish & deter crimes under international law. In this book, the author focuses on recent developments in codification & implementation to evaluate prospects for the emergence of a unified system of international criminal law, characterized by broad & coherent material coverage, as well as fair & effective institutional implementation. To this end, he sketches the normative contours of international criminal law by exploring the history, content & legal status of the relevant norms against the background of the work of the International Law Commission. He then surveys patterns in existing means of implementation at both the inter-State & international levels, examining key issues relating to the acquisition of custody over the alleged offender, the role of the extradition system & the use of international criminal tribunals. Finally, the author identifies the essential properties for the emergence of a good system of international criminal law & locates the development & future prospects of this field within the main historical dynamics of international legal cooperation.
Author | : Tricia D. Olsen |
Publisher | : United States Institute of Peace Press |
Total Pages | : 0 |
Release | : 2010 |
Genre | : Philosophy |
ISBN | : 9781601270535 |
In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.