The Global Climate Regime And Transitional Justice
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| Author | : Sonja Klinsky |
| Publisher | : Routledge |
| Total Pages | : 136 |
| Release | : 2018-04-27 |
| Genre | : Business & Economics |
| ISBN | : 1351854917 |
Geopolitical changes combined with the increasing urgency of ambitious climate action have re-opened debates about justice and international climate policy. Mechanisms and insights from transitional justice have been used in over thirty countries across a range of conflicts at the interface of historical responsibility and imperatives for collective futures. However, lessons from transitional justice theory and practice have not been systematically explored in the climate context. The comparison gives rise to new ideas and strategies that help address climate change dilemmas. This book examines the potential of transitional justice insights to inform global climate governance. It lays out core structural similarities between current global climate governance tensions and transitional justice contexts. It explores how transitional justice approaches and mechanisms could be productively applied in the climate change context. These include responsibility mechanisms such as amnesties, legal accountability measures, and truth commissions, as well as reparations and institutional reform. The book then steps beyond reformist transitional justice practice to consider more transformative approaches, and uses this to explore a wider set of possibilities for the climate context. Each chapter presents one or more concrete proposals arrived at by using ideas from transitional justice and applying them to the justice tensions central to the global climate context. By combining these two fields the book provides a new framework through which to understand the challenges of addressing harms and strengthening collective climate action. This book will be of great interest to scholars and practitioners of climate change and transitional justice.
| Author | : Ruti G. Teitel |
| Publisher | : Oxford University Press |
| Total Pages | : 305 |
| Release | : 2002-03-28 |
| Genre | : Law |
| ISBN | : 019988224X |
At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.
| Author | : Daniel Bodansky |
| Publisher | : Oxford University Press |
| Total Pages | : 417 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0199664293 |
A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.
| Author | : Bruno Latour |
| Publisher | : John Wiley & Sons |
| Total Pages | : 140 |
| Release | : 2018-11-26 |
| Genre | : Philosophy |
| ISBN | : 1509530592 |
The present ecological mutation has organized the whole political landscape for the last thirty years. This could explain the deadly cocktail of exploding inequalities, massive deregulation, and conversion of the dream of globalization into a nightmare for most people. What holds these three phenomena together is the conviction, shared by some powerful people, that the ecological threat is real and that the only way for them to survive is to abandon any pretense at sharing a common future with the rest of the world. Hence their flight offshore and their massive investment in climate change denial. The Left has been slow to turn its attention to this new situation. It is still organized along an axis that goes from investment in local values to the hope of globalization and just at the time when, everywhere, people dissatisfied with the ideal of modernity are turning back to the protection of national or even ethnic borders. This is why it is urgent to shift sideways and to define politics as what leads toward the Earth and not toward the global or the national. Belonging to a territory is the phenomenon most in need of rethinking and careful redescription; learning new ways to inhabit the Earth is our biggest challenge. Bringing us down to earth is the task of politics today.
| Author | : Cheryl Lawther |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 547 |
| Release | : 2023-08-14 |
| Genre | : Law |
| ISBN | : 180220251X |
Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.
| Author | : Reinhard Mechler |
| Publisher | : Springer |
| Total Pages | : 563 |
| Release | : 2018-11-28 |
| Genre | : Science |
| ISBN | : 3319720260 |
This book provides an authoritative insight on the Loss and Damage discourse by highlighting state-of-the-art research and policy linked to this discourse and articulating its multiple concepts, principles and methods. Written by leading researchers and practitioners, it identifies practical and evidence-based policy options to inform the discourse and climate negotiations. With climate-related risks on the rise and impacts being felt around the globe has come the recognition that climate mitigation and adaptation may not be enough to manage the effects from anthropogenic climate change. This recognition led to the creation of the Warsaw International Mechanism on Loss and Damage in 2013, a climate policy mechanism dedicated to dealing with climate-related effects in highly vulnerable countries that face severe constraints and limits to adaptation. Endorsed in 2015 by the Paris Agreement and effectively considered a third pillar of international climate policy, debate and research on Loss and Damage continues to gain enormous traction. Yet, concepts, methods and tools as well as directions for policy and implementation have remained contested and vague. Suitable for researchers, policy-advisors, practitioners and the interested public, the book furthermore: • discusses the political, legal, economic and institutional dimensions of the issue• highlights normative questions central to the discourse • provides a focus on climate risks and climate risk management. • presents salient case studies from around the world.
| Author | : Gerhard Werle |
| Publisher | : Springer Nature |
| Total Pages | : 160 |
| Release | : 2022-09-08 |
| Genre | : Law |
| ISBN | : 3662651513 |
The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).
| Author | : Matthew Evans |
| Publisher | : Routledge |
| Total Pages | : 85 |
| Release | : 2022-04-06 |
| Genre | : Law |
| ISBN | : 1000564789 |
Beyond Transitional Justice reflects upon the state of the field (or non-field) of transitional justice in the current conjuncture, as well as identifying new possibilities and challenges in the fields with which transitional justice overlaps (such as human rights, peacebuilding, and development). Chapters intervene at the cutting edge of contemporary transitional justice research, addressing key theoretical and empirical questions and covering critical, international, interdisciplinary, theoretical, and practice-oriented content. In particular, the notion of transformative justice is discussed in light of the emerging scholarship defining and applying this concept as either an approach within or an alternative to transitional justice. The book considers the extent to which transformative justice as a concept adds value to scholarship on transitional justice and related areas and asks what the future might hold for this area as a field – or non-field. A timely intervention, Beyond Transitional Justice is ideal reading for scholars and students in the fields of human rights, peace and conflict studies, international law, critical legal theory, development studies, criminology, and victimology.
| Author | : Clara Ramírez-Barat |
| Publisher | : V&R unipress GmbH |
| Total Pages | : 253 |
| Release | : 2018-07-16 |
| Genre | : Democracy and education |
| ISBN | : 373700837X |
This volume addresses the role and importance of education for processes of transitional justice. In the aftermath of conflict and mass violence, education has been one of the tools with which societies have sought to achieve positive transformation. While education has the potential to trigger, maintain, and exacerbate conflict, it has also been designed to promote a deeper, more nuanced understanding of the past and to advance reconciliation, peacebuilding, and prevention. The original contributions in the book reflect on lessons learned from education policies of the past in post-conflict societies and seek innovative, sustainable, and context-sensitive grassroots approaches, designed to advocate critical thinking, values of inclusion and tolerance, and ultimately a culture of peace.
| Author | : Irene Pietropaoli |
| Publisher | : Routledge |
| Total Pages | : 248 |
| Release | : 2020-05-07 |
| Genre | : Business & Economics |
| ISBN | : 1000066061 |
This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.
