Transitional Justice Corporate Accountability And Socio Economic Rights

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Transitional Justice, Corporate Accountability and Socio-Economic Rights

Laura García Martín
Transitional Justice Corporate Accountability and Socio Economic Rights Book PDF

Author : Laura García Martín
Publisher : Routledge
Page : 227 pages
File Size : 52,8 Mb
Release : 2019-07-25
Category : Business & Economics
ISBN : 9781000497250

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Transitional Justice, Corporate Accountability and Socio-Economic Rights by Laura García Martín Pdf

This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.

Corporate Accountability in the Context of Transitional Justice

Sabine Michalowski
Corporate Accountability in the Context of Transitional Justice Book PDF

Author : Sabine Michalowski
Publisher : Routledge
Page : 280 pages
File Size : 48,7 Mb
Release : 2014-06-23
Category : Business & Economics
ISBN : 9781317577492

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Corporate Accountability in the Context of Transitional Justice by Sabine Michalowski Pdf

Corporate Accountability in the Context of Transitional Justice explores how corporations can be held accountable for their role in past human rights violations when a country is making a transition from conflict or repression to peace and democracy. It breaks new ground in theorizing the linkages between the areas of transitional justice and corporate accountability and analyzing problems frequently arising where the two fields meet in practice, for example where the role of corporations in past human rights violations is examined by truth and reconciliation commissions or in the course of litigation. The book provides an overview of the current trends in law and in legal and political discussion relating to both areas, as well as in-depth analysis of how tools of corporate accountability and transitional justice can complement each other in order to achieve the best outcomes for bringing justice to victims and lasting peace to societies. The authors bring extensive experience from diverse professional backgrounds and jurisdictions to provide the first sustained attempt to address this link. The book will be of interest to scholars, practitioners, policymakers and activists working in the areas of transitional justice; corporate accountability; and business and human rights.

Transitional Justice and Corporate Accountability from Below

Leigh A. Payne,Gabriel Pereira,Laura Bernal-Bermúdez
Transitional Justice and Corporate Accountability from Below Book PDF

Author : Leigh A. Payne,Gabriel Pereira,Laura Bernal-Bermúdez
Publisher : Cambridge University Press
Page : 395 pages
File Size : 55,7 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781108474139

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Transitional Justice and Corporate Accountability from Below by Leigh A. Payne,Gabriel Pereira,Laura Bernal-Bermúdez Pdf

Examines when, where, why, and how corporate accountability for past human rights violations in armed conflicts and authoritarian regimes is possible.

Economic Actors and the Limits of Transitional Justice

Leigh A. Payne,Gabriel Pereira,Laura Bernal-Bermúdez
Economic Actors and the Limits of Transitional Justice Book PDF

Author : Leigh A. Payne,Gabriel Pereira,Laura Bernal-Bermúdez
Publisher : Proceedings of the British Aca
Page : 342 pages
File Size : 46,9 Mb
Release : 2022-02-06
Category : Business & Economics
ISBN : 0197267262

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Economic Actors and the Limits of Transitional Justice by Leigh A. Payne,Gabriel Pereira,Laura Bernal-Bermúdez Pdf

Business involvement in human rights violations has been part of the past, the present, and will likely continue in the future. A legacy of impunity has prevailed globally. Using case studies and original datasets, this volume seeks to understand how corporate accountability for human rights violations has been achieved and what barriers persist.

Business, Human Rights and Transitional Justice

Irene Pietropaoli
Business Human Rights and Transitional Justice Book PDF

Author : Irene Pietropaoli
Publisher : Routledge
Page : 240 pages
File Size : 54,9 Mb
Release : 2020-05-07
Category : Business & Economics
ISBN : 9781000066067

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Business, Human Rights and Transitional Justice by Irene Pietropaoli Pdf

This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.

Transitional Justice and Socio-Economic Rights in Zimbabwe

Prosper Maguchu
Transitional Justice and Socio Economic Rights in Zimbabwe Book PDF

Author : Prosper Maguchu
Publisher : Springer
Page : 175 pages
File Size : 46,9 Mb
Release : 2019-07-26
Category : Law
ISBN : 9789462653238

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Transitional Justice and Socio-Economic Rights in Zimbabwe by Prosper Maguchu Pdf

This book addresses the issue of corruption as a socio-economic rights concern at a national level. Zimbabwe’s widespread corruption inhibited its development in all aspects. It weakened institutions, especially those called upon to arbitrate political and economic contests, leading to potential human rights violations. However, Zimbabwe saw a change of government in November 2017. Due to this, there seemed to be an opening to work towards reform in relation to the anti-corruption architecture. Specifically, the new era provides an opportunity to review how accountability mechanisms (including but not limited to amnesties, truth commissions, institutional reforms and prosecutions) can address corruption as a socio-economic rights violation. As the new government still tries to address competing priorities, many moving parts and various matrixes, this volume in the International Criminal Justice Series provides a timely frame for revisiting the debate and developing the strategic thinking regarding transitional justice options in Zimbabwe. It will be of great interest to practitioners, policy makers, scholars and students in the fields of anti-corruption, socio-economic and human rights, and transitional justice. Prosper Maguchu is Visiting Assistant Professor at the Centre for the Politics of Transnational Law of the Vrije Universiteit Amsterdam, The Netherlands.

Corporate Accountability under Socio-Economic Rights

Jernej Letnar Černič
Corporate Accountability under Socio Economic Rights Book PDF

Author : Jernej Letnar Černič
Publisher : Routledge
Page : 296 pages
File Size : 48,5 Mb
Release : 2018-08-14
Category : Law
ISBN : 9781351973793

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Corporate Accountability under Socio-Economic Rights by Jernej Letnar Černič Pdf

In recent decades, corporations have increasingly accepted that they have obligations to respect the socio-economic rights of individuals whose rights to livelihoods, education, food, health, housing and water are affected by the actions of corporations on a daily basis. Despite this, it is often difficult for victims to bring corporations to court for violations of their socio-economic rights. Domestic constitutional systems provide, at best, fragile and limited protections against adverse corporate activities, while international responses have been lacking in creating obligations and accountability for corporations under socio-economic rights. The urgency of bolstering corporate accountability for socio-economic rights is therefore apparent. In light of this, this book asks whether corporations are required to observe socio-economic rights and if they are accountable for any violations. In doing so, it identifies and analyzes the theoretical foundations and the existing scope of corporate accountability arising from socio-economic rights at both national and international levels. Through careful analysis, Jernej Letnar Černič exposes the stark need for greater clarity in the obligations and accountability of corporations, advocating a normative framework for corporate accountability for socio-economic rights in national legal orders which builds on existing mechanisms.

Corporations, Accountability and International Criminal Law

Kyriakakis, Joanna
Corporations Accountability and International Criminal Law Book PDF

Author : Kyriakakis, Joanna
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 53,9 Mb
Release : 2021-12-09
Category : Law
ISBN : 9780857939500

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Corporations, Accountability and International Criminal Law by Kyriakakis, Joanna Pdf

This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.

Transitional Justice in Latin America

Elin Skaar,Jemima Garcia-Godos,Cath Collins
Transitional Justice in Latin America Book PDF

Author : Elin Skaar,Jemima Garcia-Godos,Cath Collins
Publisher : Routledge
Page : 318 pages
File Size : 53,6 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781317526209

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Transitional Justice in Latin America by Elin Skaar,Jemima Garcia-Godos,Cath Collins Pdf

This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.

A Research Agenda for Human Rights

Michael Stohl,Alison Brysk
A Research Agenda for Human Rights Book PDF

Author : Michael Stohl,Alison Brysk
Publisher : Edward Elgar Publishing
Page : 208 pages
File Size : 42,9 Mb
Release : 2020-12-25
Category : Political Science
ISBN : 9781788973083

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A Research Agenda for Human Rights by Michael Stohl,Alison Brysk Pdf

This Research Agenda maps thought-provoking research trends for the next generation of interdisciplinary human rights scholars in this particularly troubled time. It charts the historic trajectory of scholarship on the international rights regime, looking ahead to emerging areas of inquiry and suggesting alternative methods and perspectives for studying the pursuit of human dignity.

Transitional Justice in Rwanda

Gerald Gahima
Transitional Justice in Rwanda Book PDF

Author : Gerald Gahima
Publisher : Routledge
Page : 434 pages
File Size : 41,8 Mb
Release : 2013-02-15
Category : Law
ISBN : 9781135118532

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Transitional Justice in Rwanda by Gerald Gahima Pdf

Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.

Justice in Conflict

Mark Kersten
Justice in Conflict Book PDF

Author : Mark Kersten
Publisher : Oxford University Press
Page : 273 pages
File Size : 43,7 Mb
Release : 2016-08-04
Category : Law
ISBN : 9780191082948

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Justice in Conflict by Mark Kersten Pdf

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

Transitional Justice and Economic, Social and Cultural Rights

United Nations. Office of the High Commissioner for Human Rights
Transitional Justice and Economic Social and Cultural Rights Book PDF

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : Unknown
Page : 68 pages
File Size : 52,6 Mb
Release : 2014
Category : Political Science
ISBN : MINN:31951D03745188X

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Transitional Justice and Economic, Social and Cultural Rights by United Nations. Office of the High Commissioner for Human Rights Pdf

The failure to fulfil economic, social and cultural rights and the outright violation of these rights are often at the root of conflict. Furthermore, the actions and omissions by States and non-State actors during conflict can also amount to violations of economic, social and cultural rights, and particularly affect the most vulnerable. Yet, there has been no widespread move in transitional justice processes to examine the root causes of the conflict or to look into violations of economic, social and cultural rights. The Office of the United Nations High Commissioner for Human Rights has explored in greater depth the ways in which transitional justice processes have addressed or could address violations of economic, social and cultural rights. This publication presents the outcome of that work.

Transformative Transitional Justice and the Malleability of Post-Conflict States

Padraig McAuliffe
Transformative Transitional Justice and the Malleability of Post Conflict States Book PDF

Author : Padraig McAuliffe
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 52,5 Mb
Release : 2017-03-31
Category : Electronic
ISBN : 9781783470044

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Transformative Transitional Justice and the Malleability of Post-Conflict States by Padraig McAuliffe Pdf

Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice’s prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states.

Transitional Justice in the Middle East and North Africa

Chandra Lekha Sriram
Transitional Justice in the Middle East and North Africa Book PDF

Author : Chandra Lekha Sriram
Publisher : Unknown
Page : 0 pages
File Size : 42,9 Mb
Release : 2017
Category : Africa, North
ISBN : 1849046492

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Transitional Justice in the Middle East and North Africa by Chandra Lekha Sriram Pdf

This groundbreaking volume explores how post-Arab Spring societies have experienced transitional justice - or not, as the case may be