The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe

The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe

Author: Liviu Damşa

Publisher: Springer

Published: 2017-01-03

Total Pages: 325

ISBN-13: 331948530X

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This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.


Crime and Social Control in Central-Eastern Europe

Crime and Social Control in Central-Eastern Europe

Author: Aleksandar Fatic

Publisher: Routledge

Published: 2018-12-17

Total Pages: 317

ISBN-13: 0429873093

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First published in 1997. This work provides a criminological introduction to the current situation of criminal justice systems in the politically changing Central-Eastern Europe after 1989. It explores concrete problems which the countries are facing, such as the release of political prisoners and those sentenced excessively under the communist regime. The concluding part illuminates the case studies in the previous sections from the point of view of their possible interaction into a cohesive and coherent criminological discipline.


Transitional Justice in Post-Communist Romania

Transitional Justice in Post-Communist Romania

Author: Lavinia Stan

Publisher: Cambridge University Press

Published: 2013

Total Pages: 311

ISBN-13: 1107020530

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This is the first volume to overview the complex Romanian transitional justice effort, detail the political negotiations that have led to the adoption and implementation of relevant legislation, and assess these processes in terms of their timing, sequencing, and impact on democratization.


Law, Populism, and the Political in Central and Eastern Europe

Law, Populism, and the Political in Central and Eastern Europe

Author: Rafał Mańko

Publisher: Taylor & Francis

Published: 2023-12-05

Total Pages: 276

ISBN-13: 1003818862

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This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.


Justice Framed

Justice Framed

Author: Marcos Zunino

Publisher: Cambridge University Press

Published: 2019-03-14

Total Pages: 325

ISBN-13: 1108693997

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Why are certain responses to past human rights violations considered instances of transitional justice while others are disregarded? This study interrogates the history of the discourse and practice of the field to answer that question. Zunino argues that a number of characteristics inherited as transitional justice emerged as a discourse in the 1980s and 1990s have shaped which practices of the present and the past are now regarded as valid responses to past human rights violations. He traces these influential characteristics from Argentina's transition to democracy in 1983, the end of communism in Eastern Europe, the development of international criminal justice, and the South African truth commission of 1995. Through an analysis of the post-World War II period, the decolonisation process and the Cold War, Zunino identifies a series of episodes and mechanisms omitted from the history of transitional justice because they did not conform to its accepted characteristics.


Populating No Man’s Land

Populating No Man’s Land

Author: János Matyas Kovács

Publisher: Rowman & Littlefield

Published: 2018-09-15

Total Pages: 369

ISBN-13: 1498586341

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This edited volume opening the new series Revisiting Communism: Collectivist Economic Thought in Historical Perspective focuses on the concepts of ownership, the cornerstone of political economy in Soviet-type societies. The authors’ main objective is to contribute to the still unwritten chapter on collectivism in the history books of modern economic thought. They trace the lengthy evolution of economic ideas of property reform under communism leading from the doctrine of blanket nationalization to projects of moderate privatization in eight countries of Eastern Europe and China. The comparative analysis sheds light upon the tireless attempts of reform-minded economists in communist countries to populate the no man’s land of “social property” with quasi-private economic actors such as bodies of workers’ self-management and managers of state-owned companies. For a long time, these were expected to crowd out the communist nomenklatura from its actual ownership position without challenging the primacy of collective property rights. The fact that even the most radical reformers came to the conclusion that such surrogate owners would not be able to break the power of the ruling elite only on the eve of the 1989 revolutions demonstrates the immense strength of collectivist ideas. The authors coin the term “trap of collectivism” to warn those demanding nationalization or other forms of non-private ownership today: it is rather easy, even with the best intentions, to walk into this trap but it may take long decades to break out from it.


Research Handbook on Foreign Direct Investment

Research Handbook on Foreign Direct Investment

Author: Markus Krajewski

Publisher: Edward Elgar Publishing

Published:

Total Pages: 739

ISBN-13: 1785369857

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Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.


Regime Consolidation and Transitional Justice

Regime Consolidation and Transitional Justice

Author: Anja Mihr

Publisher: Cambridge University Press

Published: 2018-01-18

Total Pages: 480

ISBN-13: 1108503659

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Regime Consolidation and Transitional Justice explores the effect of transitional justice measures on 'regime consolidation', or the means by which a new political system is established in a post-transition context. Focusing on the long-term impact of transitional justice mechanisms in three countries over several decades, the gradual process by which these political systems have been legitimatised is revealed. Through case studies of East and West Germany after World War II, Spain after the end of the Franco dictatorship in 1975 and Turkey's long journey to achieving democratic reform, Regime Consolidation and Transitional Justice shows how transitional justice and regime consolidation are intertwined. The interdisciplinary study, which will be of interest to scholars of criminal law, human rights law, political science, democracy, autocracies and transformation theories, demonstrates, importantly, that the political systems in question are not always 'more' democratic than their predecessors and do not always enhance democracy post-regime consolidation.


Movement of the People

Movement of the People

Author: Mary N. Taylor

Publisher: Indiana University Press

Published: 2021-08-31

Total Pages: 316

ISBN-13: 0253057825

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Since 1990, thousands of Hungarians have vacationed at summer camps devoted to Hungarian folk dance in the Transylvanian villages of neighboring Romania. This folk tourism and connected everyday practices of folk dance revival take place against the backdrop of an increasingly nationalist political environment in Hungary. In Movement of the People, Mary N. Taylor takes readers inside the folk revival movement known as dancehouse (táncház) that sustains myriad events where folk dance is central and championed by international enthusiasts and UNESCO. Contextualizing táncház in a deeper history of populism and nationalism, Taylor examines the movement's emergence in 1970s socialist institutions, its transformation through the postsocialist period, and its recent recognition by UNESCO as a best practice of heritage preservation. Approaching the populist and popular practices of folk revival as a form of national cultivation, Movement of the People interrogates the everyday practices, relationships, institutional contexts, and ideologies that contribute to the making of Hungary's future, as well as its past.