Justice Fragmented

Author : George C. Pavlich
Publisher : Routledge
Page : 224 pages
File Size : 45,8 Mb
Release : 2002-09-11
Category : Social Science
ISBN : 9781134829606

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Justice Fragmented by George C. Pavlich Pdf

Suppose you have a dispute with your neighbour, and wish to secure redress for losses incurred. How might the issue be resolved? Is it worth the cost and time delay to take the issue to court? Or is there some other approach? Over the past few decades a range of alternative, dispute resolution programmes have emerged to settle conflicts informally, outside the courtroom. Drawing on real life experiences of community mediation practices in British Columbia, Canada, the author explores informal justice as an event rendered possible by the fragmentation of justice under postmodern conditions. He develops some of Foucault's ideas on governmentality to erect an analytical framework that does not view community mediation as necessarily empowering, or an inevitable expansion of state control. The analysis identifies how one might engage with current versions of community justice and yet avoid the political apathy that too often accompanies such criticism.

Author : George Pavlich
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2024-06-01
Category : Dispute resolution (Law)
ISBN : OCLC:468443317

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Justice Fragmented by George Pavlich Pdf

Author : Philippa Webb
Publisher : OUP Oxford
Page : 288 pages
File Size : 44,9 Mb
Release : 2013-05-10
Category : Law
ISBN : 9780191650833

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International Judicial Integration and Fragmentation by Philippa Webb Pdf

Fragmentation is one of the major debates within international law, but no detailed case studies have been made to show the problems that it creates, and how they can be addressed. This book asks whether the growing number of international judicial bodies render decisions that are largely consistent with one another, which factors influence this (in)consistency, and what this tells us about the development of international law by international courts and tribunals. It answers these questions by focusing on three areas of law: genocide, immunities, and the use of force, as in each of these areas different international judicial entities have dealt with cases stemming from the same situation and set of facts. The work focuses on four main courts: the International Court of Justice (ICJ), the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Tribunal for Rwanda (ICTR), which often interpret, apply, and develop the same legal principles, despite their different mandates and functions. It argues that judicial fragmentation is damaging to the international legal system, as coherent and compatible pronouncements on the law by international courts are vital to retaining the confidence of the international community. Ultimately, the book makes a plea for the importance of judicial integration for the stability and reliability of the international legal system.

Author : Larissa van den Herik,Carsten Stahn
Publisher : Martinus Nijhoff Publishers
Page : 735 pages
File Size : 52,8 Mb
Release : 2012
Category : Law
ISBN : 9789004214590

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The Diversification and Fragmentation of International Criminal Law by Larissa van den Herik,Carsten Stahn Pdf

This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Author : Mads Tønnesson Andenæs,Eirik Bjorge
Publisher : Cambridge University Press
Page : 605 pages
File Size : 40,7 Mb
Release : 2015-10-09
Category : Law
ISBN : 9781107082090

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A Farewell to Fragmentation by Mads Tønnesson Andenæs,Eirik Bjorge Pdf

Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.

Author : United States. Congress. Senate. Committee on Governmental Affairs
Publisher : Unknown
Page : 276 pages
File Size : 43,6 Mb
Release : 1996
Category : Business & Economics
ISBN : UCR:31210024918516

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Duplication, Overlap, and Fragmentation in Government Programs by United States. Congress. Senate. Committee on Governmental Affairs Pdf

Author : Stephen M. Engel
Publisher : NYU Press
Page : 427 pages
File Size : 47,9 Mb
Release : 2016-05-24
Category : Law
ISBN : 9781479809127

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Fragmented Citizens by Stephen M. Engel Pdf

The landmark Supreme Court decision in June 2015 legalizing the right to same-sex marriage marked a major victory in gay and lesbian rights in the United States. Once subject to a patchwork of laws granting legal status to same-sex couples in some states and not others, gay and lesbian Americans now enjoy full legal status for their marriages wherever they travel or reside in the country. For many, this means that gay and lesbian citizens are one step closer to full equality with the rest of America. However, author Stephen M. Engel contends that there remains much to be done in shaping American institutions to recognize gays and lesbians as full citizens. Tracing the relationship between gay and lesbian individuals and the government from the late 19th century through the early 21st, Engel shows that LGBT Americans are more accurately described as fragmented citizens who still do not have full legal protections against workplace, housing, family, and other kinds of discrimination. There remains a continuing struggle of the state to control their sexuality. Further, he argues that it was the state's ability to identify and control gay and lesbian citizens that allowed it to develop strong administrative capacities to manage all of its citizens in matters of immigration, labor relations, and even national security. The struggle for gay and lesbian rights, then, affected not only the lives of those seeking equality but also the very nature of American governance itself. Fragmented Citizens is a sweeping historical and political account of how our present-day policy debates around citizenship and equality came to be.--Adapted from dust jacket.

Author : Elena Abrusci
Publisher : Cambridge University Press
Page : 307 pages
File Size : 42,5 Mb
Release : 2022-12-31
Category : Political Science
ISBN : 9781009093170

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Judicial Convergence and Fragmentation in International Human Rights Law by Elena Abrusci Pdf

This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.

Author : Raffaella A. Del Sarto
Publisher : Springer
Page : 201 pages
File Size : 55,8 Mb
Release : 2016-01-12
Category : Political Science
ISBN : 9781137504142

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Fragmented Borders, Interdependence and External Relations by Raffaella A. Del Sarto Pdf

This book investigates relations between Israel, the Palestinian territories and the European Union by considering them as interlinked entities, with relations between any two of the three parties affecting the other side. The contributors to this edited volume explore different aspects of Israeli-Palestinian-European Union interconnectedness.

Author : Isabelle Buffard,James Crawford,Alain Pellet,Stephan Wittich
Publisher : BRILL
Page : 1131 pages
File Size : 52,7 Mb
Release : 2009-02-28
Category : Law
ISBN : 9789047440338

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International Law between Universalism and Fragmentation by Isabelle Buffard,James Crawford,Alain Pellet,Stephan Wittich Pdf

This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.

Author : Sharon K. Collinge
Publisher : JHU Press
Page : 358 pages
File Size : 47,9 Mb
Release : 2009-06
Category : Nature
ISBN : 9780801891380

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Ecology of Fragmented Landscapes by Sharon K. Collinge Pdf

Ask airline passengers what they see as they gaze out the window, and they will describe a fragmented landscape: a patchwork of desert, woodlands, farmlands, and developed neighborhoods. Once-contiguous forests are now subdivided; tallgrass prairies that extended for thousands of miles are now crisscrossed by highways and byways. Whether the result of naturally occurring environmental changes or the product of seemingly unchecked human development, fractured lands significantly impact the planet’s biological diversity. In Ecology of Fragmented Landscapes, Sharon K. Collinge defines fragmentation, explains its various causes, and suggests ways that we can put our lands back together. Researchers have been studying the ecological effects of dismantling nature for decades. In this book, Collinge evaluates this body of research, expertly synthesizing all that is known about the ecology of fragmented landscapes. Expanding on the traditional coverage of this topic, Collinge also discusses disease ecology, restoration, conservation, and planning. Not since Richard T. T. Forman's classic Land Mosaics has there been a more comprehensive examination of landscape fragmentation. Ecology of Fragmented Landscapes is critical reading for ecologists, conservation biologists, and students alike.

Author : Andrzej Jakubowski,Karolina Wierczyńska
Publisher : Routledge
Page : 292 pages
File Size : 52,9 Mb
Release : 2016-07-01
Category : Law
ISBN : 9781317312284

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Fragmentation vs the Constitutionalisation of International Law by Andrzej Jakubowski,Karolina Wierczyńska Pdf

The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.

Author : Dimitris Katsikas,Dimitri A. Sotiropoulos,Maria Zafiropoulou
Publisher : Springer
Page : 258 pages
File Size : 43,8 Mb
Release : 2018-03-02
Category : Political Science
ISBN : 9783319687988

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Socioeconomic Fragmentation and Exclusion in Greece under the Crisis by Dimitris Katsikas,Dimitri A. Sotiropoulos,Maria Zafiropoulou Pdf

This volume uses new empirical evidence and analytical ideas to study phenomena of fragmentation and exclusion threatening stability and cohesion in Greek society in the aftermath of the crisis. The contributors argue that processes of fragmentation and exclusion provoked by the crisis can be observed on both a material and an ideational level. On a material level, rising levels of unemployment, poverty and inequality have produced new social security “outsiders”, while on an ideational level, a discursive-cultural shift is documented, which has led to new understandings and categorizations of new (and old) insiders and outsiders. Moreover, the volume attests to the aspirations, but also the limitations, of spontaneous civil society mobilization to address the social crisis. Finally, the volume offers a discussion of the political management of social fragmentation and exclusion in Greece both before and after the onset of the crisis. The book will be of interest to scholars and students of social policy and phenomena of poverty, social exclusion and economic inequality, civil society studies, and comparative political economy and politics.

Author : Chiara Giorgetti,Mark Pollack
Publisher : Cambridge University Press
Page : 295 pages
File Size : 45,7 Mb
Release : 2022-05-12
Category : Law
ISBN : 9781009100496

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Beyond Fragmentation by Chiara Giorgetti,Mark Pollack Pdf

A timely assessment of cross-fertilization among international courts and tribunals as a complex multi-dimensional process, involving procedural and substantive elements.

Author : Larissa van den Herik,Carsten Stahn
Publisher : Martinus Nijhoff Publishers
Page : 734 pages
File Size : 53,5 Mb
Release : 2012-10-23
Category : Law
ISBN : 9789004236912

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The Diversification and Fragmentation of International Criminal Law by Larissa van den Herik,Carsten Stahn Pdf

This volume is the first in a new series of Studies on the Frontiers of International Law. The term ‘frontier’ is traditionally associated with proximity to a boundary or a demarcation line. But it is also a connecting point, i.e., a passage or channel between spaces that are usually considered as separate entities. The Series aims to explore the visible and imaginary boundaries of scholarship in International Law. It is designed to test the existing table of contents, vocabulary and limits of ‘Public International Law’, to investigate lines and linkages between ‘centre’ and ‘periphery’, and to re-map or re-think some of its conceptual boundaries. The current volume is written in this spirit. It deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.