Historical Justice in International Perspective
Historical Justice in International Perspective

Author: Manfred Berg

Publisher: Cambridge University Press

Published: 2009

Total Pages: 318

ISBN-13: 0521876834

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This book makes a valuable contribution to debates on redress for historical injustices by offering case studies from nine countries on five continents. The contributors examine the problems of material restitution, criminal justice, apologies, recognition, memory and reconciliation in national contexts as well as from a comparative perspective. Among the topics discussed are the claims for reparations for slavery in the United States, West German restitution for the Holocaust, the South African Truth and Reconciliation Commission, the efforts to prosecute the perpetrators of the Khmer Rouge's mass murders in Cambodia and the struggles of the indigenous people of Australia and New Zealand. The book highlights the diversity of the ways societies have tried to right past wrongs as the demand for historical justice has become universal.

International Criminal Justice
International Criminal Justice

Author: Roberto Bellelli

Publisher: Routledge

Published: 2016-04-22

Total Pages: 706

ISBN-13: 1317114280

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This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.

Justice among Nations
Justice among Nations

Author: Stephen C. Neff

Publisher: Harvard University Press

Published: 2014-02-18

Total Pages: 641

ISBN-13: 0674726545

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Justice among Nations tells the story of the rise of international law and how it has been formulated, debated, contested, and put into practice from ancient times to the present. Stephen Neff avoids technical jargon as he surveys doctrines from natural law to feminism, and practice from the Warring States of China to the international criminal courts of today. Ancient China produced the first rudimentary set of doctrines. But the cornerstone of international law was laid by the Romans, in the form of universal natural law. However, as medieval European states encountered non-Christian peoples from East Asia to the New World, new legal quandaries arose, and by the seventeenth century the first modern theories of international law were devised.New challenges in the nineteenth century encompassed nationalism, free trade, imperialism, international organizations, and arbitration. Innovative doctrines included liberalism, the nationality school, and solidarism. The twentieth century witnessed the League of Nations and a World Court, but also the rise of socialist and fascist states and the advent of the Cold War. Yet the collapse of the Soviet Union brought little respite. As Neff makes clear, further threats to the rule of law today come from environmental pressures, genocide, and terrorism.

Histories of Legal Aid
Histories of Legal Aid

Author: Felice Batlan

Publisher: Springer Nature

Published: 2022-01-12

Total Pages: 337

ISBN-13: 303080271X

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This book focuses on the history of the provision of legal aid and legal assistance to the poor in the nineteenth and twentieth centuries in eight different countries. It is the first such book to bring together historical work on legal aid in a comparative perspective, and allows readers to analogise and contrast historical narratives about free legal aid across countries. Legal aid developed as a result of industrialisation, urbanization, immigration, the rise of philanthropy, and what were viewed as new legal problems. Closely related, was the growing professionalisation of lawyers and the question of what duties lawyers owed society to perform free work. Yet, legal aid providers in many countries included lay women and men, leading at times to tensions with the bar. Furthermore, legal aid often became deeply politicized, creating dramatic conflicts concerning the rights of the poor to have equal access to justice.

Closing the Books
Closing the Books

Author: Jon Elster

Publisher: Cambridge University Press

Published: 2004-09-06

Total Pages: 316

ISBN-13: 9780521548540

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An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.

Historical Justice and History Education
Historical Justice and History Education

Author: Matilda Keynes

Publisher: Springer Nature

Published: 2021-07-21

Total Pages: 440

ISBN-13: 3030704122

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This book explores how the expectations of historical justice movements and processes are understood within educational contexts, particularly history education. In recent years, movements for historical justice have gained global momentum and prominence as the focus on righting wrongs from the past has become a feature of contemporary politics. This imperative has manifested in globally diverse contexts including societies emerging from recent, violent conflict, but also established democracies which are increasingly compelled to address the legacies of colonialism, slavery, genocides, and war crimes, as well as other forms of protracted discord. This book examines historical justice from an educational perspective, exploring the myriad ways that education is understood as a site of historical injustice, as well as a mechanism for redress. The editors and contributors analyse the role of history education in processes of historical justice broadly, exploring educational sites, policies, media, and materials. This edited collection is a unique and important touchstone volume for scholars, policy-makers, practitioners, and teachers that can guide future research, policy, and practice in the fields of historical justice, human rights and history education.

Politics and the Histories of International Law
Politics and the Histories of International Law

Author:

Publisher: BRILL

Published: 2021-07-19

Total Pages: 513

ISBN-13: 9004461809

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This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.

International Humanitarian Law and Justice
International Humanitarian Law and Justice

Author: Mats Deland

Publisher: Routledge

Published: 2018-09-18

Total Pages: 396

ISBN-13: 135110442X

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In the last decade, there has been a turn to history in international humanitarian law and its accompanying fields. To examine this historization and to expand the current scope of scholarship, this book brings together scholars from various fields, including law, history, sociology, and international relations. Human rights law, international criminal law, and the law on the use of force are all explored across the text’s four main themes: historiographies of selected fields of international law; evolution of specific international humanitarian law rules in the context of legal gaps and fault lines; emotions as a factor in international law; and how actors can influence history. This work will enhance and broaden readers’ knowledge of the field and serve as an excellent starting point for further research.