Law, Nation-building & Transformation

Law, Nation-building & Transformation

Author: Catherine Jenkins

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9781780681849

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In this book, 15 contributors from the disciplines of law, politics, and sociology reflect on South Africa's transition to democracy and the challenges of transformation and nation-building that have confronted the country since the first democratic elections of 1994. The range of topics is expansive, in keeping with a broader-than-usual definition of transitional justice which, it is argued, is more appropriate for States faced with the mammoth tasks of reform and institution-building in a context in which democracy has never been firmly rooted and the existence of widespread poverty gives rise to the dual demands for both bread and freedom. In the case of South Africa, the post-apartheid era has been characterized by wide-ranging attempts at transformation and nation-building, from the well-known Truth and Reconciliation Commission to reforms in education and policing, the promotion of women's rights, the reform of land law, the provision of basic services to hundreds of thousands of poor households, a new framework for freedom of expression, and the transformation of the judiciary. In the light of South Africa's commitment to a new constitutional dispensation and to legal regulation, this volume focuses in particular, but not exclusively, on the role that law and lawyers have played in social and political change in South Africa in the post-apartheid era. It sets the South African experience in historical and comparative perspective and considers whether any lessons may be learned for the field of transitional justice. (Series: Transitional Justice - Vol. 15)


The Transformation of Occupied Territory in International Law

The Transformation of Occupied Territory in International Law

Author: Andrea Carcano

Publisher: BRILL

Published: 2015-09-29

Total Pages: 569

ISBN-13: 9004227881

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This volume discusses the practice of transformative military occupation from the perspective of public international law through the prism of the occupation of Iraq and other cases of historical significance. It seeks to assess how international law should respond to measures undertaken in the pursuit of a given transformative project, whether or not supported by the Security Council. A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts. "With this thorough and thought provoking study, Andrea Carcano has put us all in his debt." From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.


Transforming the Golden-Age Nation State

Transforming the Golden-Age Nation State

Author: A. Hurrelmann

Publisher: Springer

Published: 2007-10-31

Total Pages: 229

ISBN-13: 0230590861

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This collection examines the transformation of the modern Western state in an age of accelerated globalization. Arguing that the state experienced a 'golden age' in the 1960s and 1970s, the contributors explore how and why this configuration of the state is under pressure in the 21st century.


Nation-Building in the Baltic States

Nation-Building in the Baltic States

Author: Gundar J. King

Publisher: CRC Press

Published: 2014-08-26

Total Pages: 290

ISBN-13: 1482250713

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The product of more than twenty years of research, first-person observations, discussions, and policy analyses, Nation-Building in the Baltic States: Transforming Governance, Social Welfare, and Security in Northern Europe explores the characteristics of the Baltic states as positioned in the northeast corridor in terms of military strife and polity development such as democratization. It details governments' efforts to abet transparency and trust by way of developing new public and private institutions for advancements like innovation and private wealth creation. The book examines the effects of various factors of economic and social adjustments in Estonia, Latvia, and Lithuania. The authors explore the opportunities and problems that have shaped the region’s progress in the process of rebuilding democratic institutions and nation states after regaining their independence. They then describe the region’s progress in laying the critical internal foundation necessary for maintaining their political independence. The book also reviews the progress made in strengthening what the authors believe are key social functions of government in what the EU describes as its social market system: the provision of social welfare services that meets the needs of all. The book concludes with a realistic picture of future hurdles for this region, looking at lingering challenges and regional instabilities, policy mistakes not to be made again, and recommendations for national planning and resource management. Going beyond a massive, single explanation of recent Baltic developments, the book provides a broad picture of development of social and political trends and insights with separate evaluations of issues in the process of national transformation. It provides a foundation examining the forces that will shape the future of the Baltic states.


The Transformation of Economic Law

The Transformation of Economic Law

Author: Lucila de Almeida

Publisher: Bloomsbury Publishing

Published: 2019-09-05

Total Pages: 432

ISBN-13: 1509932607

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This book is written in honour of Hans-W. Micklitz for his jubilee 70th birthday and the closure of his twelve-year term as the Chair for Economic Law at the European University Institute (EUI). Hans-W. Micklitz has gained international recognition for dedicating his extensive and fruitful career to diverse areas of law: European Economic Law, European Private Law, National and European Consumer Law, Legal Theory, theories of Private Law and Social Justice. This book is a product of the collaborative endeavors of its contributors, who all have a special connection with Hans W. Micklitz as his doctoral supervisees or research assistants. The collection of twenty chapters is to be read as the influence of Hans's dialogues in the early stage of the academic career of thirty-one young legal scholars. The volume is divided into three sections devoted to subjects that have received Hans's attention while at the EUI: EU Consumer Law (part I); European Private Law and Access Justice (part II); the CJEU between the individual citizen and the Member States (part III).


Handbook on Development and Social Change

Handbook on Development and Social Change

Author: G. Honor Fagan

Publisher: Edward Elgar Publishing

Published: 2018-03-30

Total Pages: 489

ISBN-13: 1786431556

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This Handbook provides an accessible critical review of the complex issues surrounding development and social change today. With chapters from recognized experts, examining economic, political and social aspects, and covering key topics and developing regions, it goes beyond current theory and sets out the debates which will shape an approach better suited to the modern world.


The Oxford Handbook of Transformations of the State

The Oxford Handbook of Transformations of the State

Author: Stephan Leibfried

Publisher: OUP Oxford

Published: 2015-06-11

Total Pages: 928

ISBN-13: 0191643254

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This Handbook offers a comprehensive treatment of transformations of the state, from its origins in different parts of the world and different time periods to its transformations since World War II in the advanced industrial countries, the post-Communist world, and the Global South. Leading experts in their fields, from Europe and North America, discuss conceptualizations and theories of the state and the transformations of the state in its engagement with a changing international environment as well as with changing domestic economic, social, and political challenges. The Handbook covers different types of states in the Global South (from failed to predatory, rentier and developmental), in different kinds of advanced industrial political economies (corporatist, statist, liberal, import substitution industrialization), and in various post-Communist countries (Russia, China, successor states to the USSR, and Eastern Europe). It also addresses crucial challenges in different areas of state intervention, from security to financial regulation, migration, welfare states, democratization and quality of democracy, ethno-nationalism, and human development. The volume makes a compelling case that far from losing its relevance in the face of globalization, the state remains a key actor in all areas of social and economic life, changing its areas of intervention, its modes of operation, and its structures in adaption to new international and domestic challenges.


Law Enforcement Within the Framework of Peace Support Operations

Law Enforcement Within the Framework of Peace Support Operations

Author: Roberta Arnold

Publisher: BRILL

Published: 2008

Total Pages: 467

ISBN-13: 900416510X

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Since the end of the Cold War and the emergence of a oeasymmetrica threats like terrorism, the military has been increasingly entrusted with tasks traditionally belonging to the police. This development is visible through the new challenges posed to modern Peace Support Operations (PSO), intended as an umbrella definition covering different types of post-conflict peace operations, be these mandated under Chapter VI or Chapter VII of the United Nations Charter, with either peace-keeping, peace-enforcing or even peace-building goals. The aim of this volume is primarily to provide guidance, in the format of a handbook, to those deployed in the field and who are confronted with legal issues. In order to achieve this goal, the handbook is structured as follows: after this introduction, Part II addresses the general question whether law enforcement shall be a PSO task. Law enforcement is perceived by some states as a matter of self-defense.Part III then addresses the limits and possibilities of law enforcement by PSO.The discussion continues with Part IV, which provides some practical tools for those deployed to the field. Part V focuses instead on law enforcement within PSO, illustrating problems related to the prosecution of members of PSO forces suspected of illegal activities, and Part VI then draws the conclusions.


Theory of Philosophical Consciencism

Theory of Philosophical Consciencism

Author: Dompere, Kofi Kissi

Publisher: Adonis and Abbey Publishers

Published: 2017-09-24

Total Pages: 462

ISBN-13: 1909112666

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In the Theory of Philosophical Consciencism, Professor Dompere establishes how Nkrumah used the theory of categorical conversion housing the necessary conditions of transformation to design strategies for creating the sufficient conditions for socio-political transformations. The theory of Philosophical Consciencism is about the institutionally destruction-creation process for socio-political transformation. The theory shows the scientific contributions of Nkrumah's thinking to the solution of the transformation problem in science and its application to social systemicity, where Nkrumah's analytical weapons were drawn from African conceptual system. The theory is developed as logico-mathematical foundations that guide the internal management of the command-control decision-choice systems for creative destruction of socio-political varieties in transformations through the development of qualitative mathematics making possible the construct of qualitative equations of motion for connecting varieties in qualitative transfers. The qualitative equations of motion through the Philosophical Consciencism constitute the sufficient conditions for transformations. The theory links rationality, intentionality, experiential information structure, defective-deceptive information structures in the control-dynamic games of power and dominance by the duals and poles under the principle of opposites with relational continua and unity relative to decision-choice systems that induce negation-negation transformations, where paths are established by the history of success-failure outcomes in the socially control-dynamic zero-sum games between the duals in any duality and between the poles of any actual-potential polarity. The main premise of the monograph is that there exists a set of sufficient conditions in support of the necessary conditions for internal transformation of socio-natural varieties. The theory is useful in understanding developmental processes and multi-polar-power zero-sum games for global dominance. The necessary conditions constitute the natural necessity that constrains cognitive freedom. The sufficient conditions constitute cognitive freedom that must overcome the necessity in socio-natural systems dynamics. Had this conceptual system been familiar to African leaders, the African transformation from colonialism to complete emancipation, rather than neocolonialism, would have been increasingly successful. This holds for those seeking triumph over injustices, oppression, imperialism and social change in all systems.