Law in Transition

NIPPOD
ISBN: 978-1-5099-0738-0
Verlag: Bloomsbury 3PL

Buch, Englisch, 372 Seiten, Paperback, Format (B × H): 170 mm x 244 mm, Gewicht: 641 g

Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible.

The book is designed for research and teaching at both undergraduate and graduate levels.

Autoren/Hrsg.

Buchanan, Ruth

Zumbansen, Peer

Fachgebiete

• Interdisziplinäres Wissenschaften Wissenschaften Interdisziplinär Entwicklungsstudien
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte
• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte

Inhaltsverzeichnis

Introduction: Approximating Law and Development, Human Rights andTransitional Justice

Peer Zumbansen and Ruth Buchanan
Part I: Rights in Law & Development: Regulation, Possibility and Practice
1 Global Poverty and the Politics of Good Intentions

Sundhya Pahuja
2 Human Rights and Development: A Fragmented Discourse

Issa G Shivji
3 Rights and Development: A Social Power Perspective

Ananya Mukherjee-Reed
4 Is a New 'TREMF' Human Rights Paradigm Emerging? Evidence from Nigeria

Obiora Chinedu Okafor
5 The Transformation of Africa: A Critique of Rights in Transitional Justice

Makau W Mutua
6 Marks Indicating Conditions of Origin in Rights-Based Sustainable Development

Nicole Aylwin and Rosemary J Coombe
7 Rethinking the Convergence of Human Rights and Labour Rights in International Law: Depoliticisation and Excess

Vidya Kumar
8 Measuring the World: Indicators, Human Rights and Global Governance

Sally Engle Merry
9 Governing by Measuring: The Millenium Development Goals in Global Governance

Kerry Rittich
10 Reparations and Development

Naomi Roht-Arriaza
11 Making History or Making Peace: When Prosecutions Should Give Way to Truth Commissions and Peace Negotiations

Martha Minow
12 Transitional Justice as Global Project: Critical Refl ections

Rosemary Nagy
13 Holding Up a Mirror to the Process of Transition? The Coercive Sterilisation of Romani Women in the Czech Republic Post-1991

Morag Goodwin
14 Symptoms of Sovereignty? Apologies, Indigenous Rights and Reconciliation in Australia and Canada

Kirsten Anker
15 Working through 'Bitter Experiences' towards a Purifi ed European Identity? A Critique of the Disregard for History in European Constitutional Theory and Practice

Christian Joerges
16 The Trials of History: Losing Justice in the Monstrous and the Banal

Vasuki Nesiah
17 Sociological Jurisprudence 2.0: Updating Law's Inter-disciplinarity in a Global Context

Peer Zumbansen
Epilogue: Progressive Law versus the Critique of Law & Development:

Strategies of Double Agency Revisited

Bryant G Garth

Über Autor(innen)

Buchanan, Ruth
Ruth Buchanan is a Professor of Law at Osgoode Hall Law School, Toronto.

Zumbansen, Peer
Peer Zumbansen is Professor of Law and Canada Research Chair at Osgoode Hall Law School, Toronto.