Global Justice Reform

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Global Justice Reform

Hiram Chodosh
Global Justice Reform Book PDF

Author : Hiram Chodosh
Publisher : NYU Press
Page : 227 pages
File Size : 51,8 Mb
Release : 2005
Category : Law
ISBN : 9780814716359

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Global Justice Reform by Hiram Chodosh Pdf

Global Justice Reform critiques and rethinks two neglected subjects: the nature of comparison in the field of comparative law and the struggles of national judicial systems to meet global rule of law objectives. Hiram Chodosh offers a candid look at the surprisingly underdeveloped methodology of comparative legal studies, and provides a creative conceptual framework for defining and understanding the whys, whats, and hows of comparison. Additionally, Chodosh demonstrates how theories of comparative law translate into practice, using contemporary global justice reform initiatives as a case study, with a particular focus on Indonesia and India. Chodosh highlights the gap between the critical role of judicial institutions and their poor performance (for example, political interference, corruption, backlog, and delay), discussing why reform is so elusive, and demonstrating the unavoidable and essential role of comparison in reform proposals. Throughout the book, Chodosh identifies several sources of comparative misunderstanding that impede successful reforms and identifies the many predicaments reformers face, detailing a wide variety of designs, methods, and social dilemmas. In response to these seemingly insurmountable challenges, Chodosh advances some novel conceptual strategies, first by drawing on a body of non-legal scholarship on self-regulating, emergent systems, and then by identifying a series of anti-dilemma strategies that draw upon insights about the nature of comparison.

The International Criminal Court in an Effective Global Justice System

Linda E. Carter,Mark S. Ellis,Charles Chernor Jalloh
The International Criminal Court in an Effective Global Justice System Book PDF

Author : Linda E. Carter,Mark S. Ellis,Charles Chernor Jalloh
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 44,6 Mb
Release : 2016-11-25
Category : Electronic
ISBN : 9781784719821

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The International Criminal Court in an Effective Global Justice System by Linda E. Carter,Mark S. Ellis,Charles Chernor Jalloh Pdf

International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.

Comparative, International, and Global Justice

Cyndi Banks,James Baker
Comparative International and Global Justice Book PDF

Author : Cyndi Banks,James Baker
Publisher : SAGE Publications
Page : 593 pages
File Size : 42,9 Mb
Release : 2015-09-23
Category : Law
ISBN : 9781506337272

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Comparative, International, and Global Justice by Cyndi Banks,James Baker Pdf

Comparative, International and Global Justice: Perspectives from Criminology and Criminal Justice presents and critically assesses a wide range of topics relevant to criminology, criminal justice and global justice. The text is divided into three parts: comparative criminal justice, international criminology, and transnational and global criminology. Within each field are located specific topics which the authors regard as contemporary and highly relevant and that will assist students in gaining a fuller appreciation of global justice issues. Authors Cyndi Banks and James Baker address these complex global issues using a scholarly but accessible approach, often using detailed case studies. The discussion of each topic is a comprehensive contextualized account that explains the social context in which law and crime exist and engages with questions of explanation or interpretation. The authors challenge students to gain knowledge of international and comparative criminal justice issues and think about them in a critical manner. It has become difficult to ignore the global and international dimensions of criminal justice and criminology and this text aims to enhance criminal justice education by focusing on some of the issues engaging criminology worldwide, and to prepare students for a future where fields of study like transnational crime are unexceptional.

Crime and Global Justice

Daniele Archibugi,Alice Pease
Crime and Global Justice Book PDF

Author : Daniele Archibugi,Alice Pease
Publisher : John Wiley & Sons
Page : 288 pages
File Size : 46,7 Mb
Release : 2018-03-16
Category : Law
ISBN : 9781509512652

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Crime and Global Justice by Daniele Archibugi,Alice Pease Pdf

Over the last quarter of a century a new system of global criminal justice has emerged. But how successful has it been? Are we witnessing a new era of cosmopolitan justice or are the old principles of victors’ justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice, focusing on the trials of some of the world’s most notorious war criminals, including Augusto Pinochet, Slobodan Milošević, Radovan Karad ić, Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system’s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?

Global Perspectives on Reforming the Criminal Justice System

Pittaro, Michael
Global Perspectives on Reforming the Criminal Justice System Book PDF

Author : Pittaro, Michael
Publisher : IGI Global
Page : 380 pages
File Size : 53,6 Mb
Release : 2021-06-25
Category : Social Science
ISBN : 9781799868866

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Global Perspectives on Reforming the Criminal Justice System by Pittaro, Michael Pdf

The often-tenuous relationship between law enforcement and communities of color, namely African Americans, has grown increasingly strained, and the call for justice has once again ignited the demand for criminal justice reform. Rebuilding the trust between the police and the citizens that they have sworn to protect and serve requires that criminal justice practitioners and educators collaborate with elected officials and commit to an open, ongoing dialogue on the most challenging issues that remain unresolved but demand collective attention and support. Reform measures are not limited to policing policies and practices, but rather extend throughout the criminal justice system. There is no denying that the criminal justice system as we know it is flawed, but not beyond repair. Global Perspectives on Reforming the Criminal Justice System provides in-depth and current research about the criminal justice system around the world, its many inadequacies, and why it urgently needs reformation. Offering a fully fleshed outline of the current system, this book details the newest research and is incredibly important to fully understand the flaws of the criminal justice system across the globe. The goals of this book are to improve and advance the criminal justice system by addressing the glaring weaknesses within the system and discuss potential reforms including decreasing the prison population (decarceration) and improving police/community relations. Highlighting topics that include accountability, community-oriented policing, ethics, and mass incarceration, this book is ideal for law enforcement officers, trainers/educators, government officials, policymakers, correctional officers, court officials, professionals, researchers, academicians, and students in the fields of criminal justice, criminology, sociology, psychology, addictions, mental health, social work, public policy, and public administration.

Mobilising International Law for 'Global Justice'

Jeff Handmaker,Karin Arts
Mobilising International Law for Global Justice Book PDF

Author : Jeff Handmaker,Karin Arts
Publisher : Cambridge University Press
Page : 265 pages
File Size : 51,8 Mb
Release : 2018-11
Category : History
ISBN : 9781108497947

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Mobilising International Law for 'Global Justice' by Jeff Handmaker,Karin Arts Pdf

Critically explores how international law is mobilised, by global and local actors, to achieve or block global justice efforts.

Justice Reform and Development

Linn A. Hammergren
Justice Reform and Development Book PDF

Author : Linn A. Hammergren
Publisher : Routledge
Page : 278 pages
File Size : 44,6 Mb
Release : 2014-04-29
Category : Law
ISBN : 9781317810261

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Justice Reform and Development by Linn A. Hammergren Pdf

This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries’ experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.

Global Justice, Kant and the Responsibility to Protect

Heather Roff
Global Justice Kant and the Responsibility to Protect Book PDF

Author : Heather Roff
Publisher : Routledge
Page : 214 pages
File Size : 55,6 Mb
Release : 2013-06-26
Category : Political Science
ISBN : 9781135105372

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Global Justice, Kant and the Responsibility to Protect by Heather Roff Pdf

This book provides an innovative contribution to the study of the Responsibility to Protect and Kantian political theory. The Responsibility to Protect (R2P) doctrine has been heralded as the new international security norm to ensure the protection of peoples against genocide, ethnic cleansing, war crimes and crimes against humanity. Yet, for all of the discussion, endorsements and reaffirmations of this new norm, R2P continues to come under fire for its failures, particularly, and most recently, in the case of Syria. This book argues that a duty to protect is best considered a Kantian provisional duty of justice. The international system ought to be considered a state of nature, where legal institutions are either weak or absent, and so duties of justice in such a condition cannot be considered peremptory. This book suggests that by understanding the duty’s provisional status, we understand the necessity of creating the requisite executive, legislative and judicial authorities. Furthermore, the book provides three innovative contributions to the literature, study and practice of R2P and Kantian political theory: it provides detailed theoretical analysis of R2P; it addresses the research gap that exists with Kant’s account of justice in states of nature; and it presents a more comprehensive understanding of the metaphysics of justice as well as R2P. This book will be of much interest to students of the Responsibility to Protect, humanitarian intervention, global ethics, international law, security studies and international relations (IR) in general.

Emerging Powers, Global Justice and International Economic Law

Andreas Buser
Emerging Powers Global Justice and International Economic Law Book PDF

Author : Andreas Buser
Publisher : Springer Nature
Page : 439 pages
File Size : 47,6 Mb
Release : 2021-01-04
Category : Law
ISBN : 9783030636395

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Emerging Powers, Global Justice and International Economic Law by Andreas Buser Pdf

The book assesses emerging powers’ influence on international economic law and analyses whether their rhetoric of reforming this ‘unjust’ order translates into concrete reforms. The questions at the heart of the book surround the extent to which Brazil, Russia, India, China, and South Africa individually and as a bloc (BRICS) provide alternative regulatory ideas to those of ‘Western’ States and whether they are able to convert their increased power into influence on global regulation. To do so, the book investigates two broader case studies, namely, the reform of international investment agreements and WTO reform negotiations since the start of the Doha Development Round. As a general outcome, it finds that emerging powers do not radically challenge established law. ‘Third World’ rhetoric mostly does not translate into practice and rather serves to veil economic interests. Still, emerging powers provide for some alternative regulatory ideas, already leading to a diversification of international economic law. As a general rule, they tend to support norms that allow host States much policy space which could be used to protect and fulfil socio-economic human rights, especially – but not only – in the Global South.

Global Justice Activism and Policy Reform in Europe

Peter Utting,Mario Pianta,Anne Ellersiek
Global Justice Activism and Policy Reform in Europe Book PDF

Author : Peter Utting,Mario Pianta,Anne Ellersiek
Publisher : Routledge
Page : 356 pages
File Size : 47,8 Mb
Release : 2012-11-12
Category : Political Science
ISBN : 9781136224546

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Global Justice Activism and Policy Reform in Europe by Peter Utting,Mario Pianta,Anne Ellersiek Pdf

Civil society activism around issues of global justice has proliferated in Europe during the past two decades. Has such contestation and advocacy made a difference? This book examines whether and how the organizations, networks and campaigns involved have attained their policy objectives in the areas of debt relief, international trade, international taxation and corporate accountability. The analysis also considers the relationship between national and transnational activism. By comparing variations in the "activism-policy nexus" in France, Italy and the United Kingdom, it seeks to understand how such interaction and policy outcomes vary in different institutional and political contexts.

Arcs of Global Justice

Margaret M. DeGuzman,Diane Marie Amann
Arcs of Global Justice Book PDF

Author : Margaret M. DeGuzman,Diane Marie Amann
Publisher : Oxford University Press
Page : 593 pages
File Size : 49,5 Mb
Release : 2018
Category : Law
ISBN : 9780190272654

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Arcs of Global Justice by Margaret M. DeGuzman,Diane Marie Amann Pdf

M. Cherif Bassiouni / Human rights and international criminal justice in the twenty first century : the end of the post-WWII phase and the beginning of an uncertain new era -- Thomas A. Cromwell and Bruno Gélinas-Faucher, William Schabas / The Canadian Charter of rights and freedoms, and international human rights law -- Emmanuel Decaux / The International Convention on the Protection of All Persons from Enforced Disappearance, as a victim-oriented treaty --Kathleen Cavanaugh and Joshua Castellino / The politics of sectarianism and its reflection in questions of international law & state formation in The Middle East -- Sandra L. Babcock / International law and the death penalty : a toothless tiger, or a meaningful force for change? -- Marc Bossuyt / The UN optional protocol on the abolition of the death penalty --Christof Heyns and Thomas Probert and Tess Borden / The right to life and the progressive abolition of the death penalty -- Zhao Bingzhi / Progress and trend of the reform of the death penalty in China -- Margaret M. DeGuzman / Criminal law philosophy in international criminal law scholarship -- Frédéric Mégret / Is the ICC focusing too much on non-state actors? -- Shane Darcy / The principle of legality at the crossroads of human rights and international criminal law -- Alain Pellet / Revisiting the sources of applicable law before the ICC -- Mireille Delmas-Marty / The ICC as a work in progress, for a world in process -- Carsten Stahn / Legacy in international criminal justice -- Andrew Clapham and Paola Gaeta / Torture by private actors and 'gold plating' the offence in national law : an exchange of emails in honour of William Schabas -- Hirad Abtahi and Philippa Webb / Secrets and surprises in the Travaux préparatoires of the genocide convention -- Jérémie Gilbert / Perspectives on cultural genocide : from criminal law to cultural diversity -- Beth Van Schaack / Crimes against humanity : repairing Title 18's blind spots -- Leila Nadya Sadat / A new global treaty on crimes against humanity : future prospects -- Mark A. Drumbl / Justice outside of criminal courtrooms and jailhouses -- Charles Chernor Jalloh / Toward greater synergy between courts and truth commissions in post-conflict contexts : lessons from Sierra Leone -- Geoffrey Nice and Nevenka Tromp / Criminal trial as a tool to control historical narrative -- Mary Ellen O'Connell / The arc toward justice and peace -- Adama Dieng / The maintenance of international peace and security through prevention of atrocity crimes : the question of co-operation between the UN and regional arrangements -- Emma Sandon / Law and film : curating rights cinema -- Wayne Jordash / The role of advocates in developing international law -- Diane Marie Amann / Bill the blogger

Global Justice, Human Rights and the Modernization of International Law

Riccardo Pisillo Mazzeschi,Pasquale De Sena
Global Justice Human Rights and the Modernization of International Law Book PDF

Author : Riccardo Pisillo Mazzeschi,Pasquale De Sena
Publisher : Springer
Page : 272 pages
File Size : 40,9 Mb
Release : 2018-07-27
Category : Law
ISBN : 9783319902272

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Global Justice, Human Rights and the Modernization of International Law by Riccardo Pisillo Mazzeschi,Pasquale De Sena Pdf

This book is based on the observation that international law is undergoing a process of change and modernization, driven by many factors, among which the affirmation and consolidation of the role of the individual and of the theory of human rights stand out. In the contemporary world, international law has demonstrated an ability to evolve rapidly. But it is still unclear whether its modernization process is also producing structural changes, which affect the subjects, the sources and even the very purpose of this law. Is it truly possible to speak of a paradigmatic and ideological change in the international legal system, one that also involves a transition from a state-centred international order to a human-centred one, and from inter-state justice to global justice?The book addresses three fundamental aspects of the modernization process of international law: the possible widening of the concept of international community and of the classic assumptions of statehood; the possible diversification of the sources of general international law; and the ability of international law to adapt to new challenges and to achieve the main goals for humanity set by the United Nations.The overall objective of the book is to provide the tools for a deeper understanding of the transition phase of contemporary international law, by examining the major problems that characterize this phase. The book will also stimulate critical reflection on the future prospects of international law.

Mobilising International Law for 'Global Justice'

Jeff Handmaker,Karin Arts
Mobilising International Law for Global Justice Book PDF

Author : Jeff Handmaker,Karin Arts
Publisher : Cambridge University Press
Page : 266 pages
File Size : 41,7 Mb
Release : 2018-10-03
Category : Political Science
ISBN : 9781108642118

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Mobilising International Law for 'Global Justice' by Jeff Handmaker,Karin Arts Pdf

Mobilising International Law for 'Global Justice' provides new insights into the dynamics between politics and international law and the roles played by state and civic actors in pursuing human rights, development, security and justice through mobilising international law at local and international levels. This includes attempts to hold states, corporations or individuals accountable for violations of international law. Second, this book examines how enforcing international law creates particular challenges for intergovernmental regulators seeking to manage tensions between incompatible legal systems and bringing an end to harmful practices, such as foreign corruption and child abduction. Finally, it explores how international law has local resonance, whereby, for example, cities have taken it upon themselves to give effect to the spirit of international treaties that national governments fail to implement, or even may have refused to ratify.

Promoting Justice Across Borders

Lucia M. Rafanelli
Promoting Justice Across Borders Book PDF

Author : Lucia M. Rafanelli
Publisher : Oxford University Press
Page : 281 pages
File Size : 49,5 Mb
Release : 2024-01-11
Category : Law
ISBN : 9780197770566

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Promoting Justice Across Borders by Lucia M. Rafanelli Pdf

Global political actors, from states and NGOs to activist groups and individuals, exert influence in societies beyond their own in myriad ways--including via public criticism, consumer boycotts, divestment campaigns, sanctions, and forceful intervention. Often, they do so in the name of justice-promotion. While attempts to promote justice in other societies can do good, they are also often subject to moral criticism and raise several serious moral questions. For example, are there ways to promote one's own ideas about justice in another society while still treating its members tolerantly? Are there ways to do so without disrespecting their legitimate political institutions or undermining their collective self-determination? To understand the ethics of justice-promoting intervention, Lucia M. Rafanelli moves beyond the traditional focus of other scholarship in this area on states waging wars or employing other conventional tools of coercive foreign policy. Specifically, Rafanelli constructs a philosophically-grounded and nuanced ethics of intervention to determine when attempts to promote justice in foreign societies are morally permissible. Promoting Justice Across Borders develops ethical standards for justice-promoting intervention that call on us to rethink received notions about the ordinary bounds of politics, and to abandon the thought that politics does and should take place primarily within the state. These ethical standards also give us a model for how to engage in political struggles for justice on a global scale--not only in conditions of supreme emergency, but in the ordinary circumstances of everyday global politics. They therefore form the basis of a cosmopolitanism that is neither premised upon nor aimed at bringing about the end of politics. Ultimately, Rafanelli shows how the promotion of justice everywhere can be the legitimate (political) concern of people anywhere.

Global Justice

Kingsley Chiedu Moghalu
Global Justice Book PDF

Author : Kingsley Chiedu Moghalu
Publisher : Bloomsbury Publishing USA
Page : 238 pages
File Size : 55,9 Mb
Release : 2006-10-30
Category : Political Science
ISBN : 9780313087127

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Global Justice by Kingsley Chiedu Moghalu Pdf

After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective—that of an anarchical international society. After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective—that of an anarchical international society. He argues that, contrary to conventional wisdom, war crimes trials are neither motivated nor influenced solely by abstract notions of justice. Instead, war crimes trials are the product of the interplay of political forces that have led to an inevitable clash between globalization and sovereignty on the sensitive question of who should judge war criminals. From Germany's Kaiser Wilhelm to the Japanese Emperor Hirohito, from the trials of Milosevic, Saddam Hussein, and Charles Taylor to Belgium's attempts to enforce the contested doctrine of universal jurisdiction, Moghalu renders a compelling tour de force of one of the most controversial subjects in world politics. He argues that, necessary though it was, international justice has run into a crisis of legitimacy. While international trials will remain a policy option, local or regional responses to mass atrocities will prove more durable.