Book | 1st edition 2013 | World | The The Siracusa Intl. Institute
Those keen to promote accountability in conflicts around the world are increasingly relying on fact finding bodies to provide necessary documentation which will ensure that those responsible for human rights abuses are brought to justice. The ‘Guidelines’, developed from inputs by more than 80 experts, provide a thorough and welcome framework to ensure clarity and consistency throughout the processes of creating, investigating, reporting and follow-up for these various bodies.
Book | 1st edition 2013 | Europe | Josep M. Tamarit Sumalla, Josep Tamarit Sumalla
The Spanish transition from the Franco regime to democracy has not been a very popular subject amongst researchers examining transitional justice at the international level. This book analyses, above all, the laws, policies and judicial decisions adopted in Spain that were related to the construction of the past and could therefore be understood as measures of transitional justice.
Book | 1st edition 2013 | World | Eveline Ramaekers
This study provides an overview of the existing acquis communautaire in property law, and presents a proposal for the future development of this field of law. It deals with the influence of the EU’s four freedoms on national property law and discusses whether or not the EU would have the competence to actively create property law, and the extent to which it has already done so.
From International and Criminal to Alternative Forms of Justice
Book | 1st edition 2013 | World | Martha Albertson Fineman, Estelle Zinsstag
This book offers some insights into women’s perspectives and feminist views on the topic of transitional justice or ‘justice in transition’. Bringing feminism into the conversation, expands the possibilities for a transformative justice approach after a period of conflict or insecurity, not by replacing it with feminist theory, but by broadening the scope and vision of the potential responses.
Book | 1st edition 2013 | World | Permanent Bureau of the HccH
Since joining the Hague Conference on Private International Law in 1978, Hans van Loon has been at the forefront of private international law for well over a quarter of a century. This Liber Amicorum is a collection of contributions from friends and colleagues.
Book | 1st edition 2013 | World | Anne-Marie de Brouwer, Charlotte Ku, Renée Römkens, Larissa Van Den Herik
This edited volume will focus on developments in the prosecution of cases of sexual violence in (post-)conflict situations. The prosecution of those cases raises new and challenging questions as to how to build evidence, but also how to address victims’ concerns in that process. It will address innovations and challenges of empirical and other new kinds of social scientific, archival and medical data collection techniques; the development of evidence in relation to charges ranging from sexual violence as a war crime to genocide; and evidentiary and procedural differences and difficulties involved in prosecuting sexual victimization in domestic versus international courts.
Book | 1st edition 2012 | World | Toshiyuki Kono, Steven Van Uytsel
This book fills a gap in the literature on how the Convention for the Protection and Promotion of the Diversity of Cultural Expressions positions itself within the bigger field of public international law. Several studies have been undertaken regarding the relationship of this Convention with the trade regime. However, the drafting process of the Convention brought many more than only trade issues to the forefront, such as heritage law, human rights law, or development law issues. This book investigates to what extent the Convention has impact on these various fields of law and thus aims at clarifying the Convention’s contribution to the fragmentation of public international law.
Corruption currently receives an increasing amount of attention from scholars and practitioners in various disciplines, including law. While the phenomenon is as old as mankind, the last fifteen years saw the rise of many anti-corruption treaties, aimed at criminalisation, prevention and cooperation. At the same time, there seems to be relatively little work done on corruption in the field of human rights law or international criminal law. This book argues that these areas of law can certainly contribute to fighting corruption, by giving a human face to both victims and perpetrators.1
States' obligations to prevent and repress corruption
Book | 1st edition 2012 | World | Julio Bacio Terracino
It is now unquestionable that corruption has become an issue of international concern. A complex set of substantive and procedural rules has emerged concerning the prevention and repression of corruption, representing the international legal framework against corruption. This book traces tthe emergence of this framework and engages in a systematic analysis of its content, highlighting weaknesses and innovative aspects.1
The International Criminal Tribunal for the former Yugoslavia 2006
Book | 1st edition 2012 | World | André Klip, Göran Sluiter
This twenty-ninth volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in the year 2006. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions.
The International Criminal Tribunal for the former Yugoslavia 2005-2006
Book | 1st edition 2012 | World | André Klip, Göran Sluiter
This twenty-eight volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in the year 2005-2006. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions.
Book | 1st edition 2012 | World | Marco Loos, Ilse Samoy, Marco B.M. Loos
Modern society is full of linked contracts: a plurality of separately concluded contracts that are somehow interrelated. However, contract law is still primarily centred on traditional contractual relations between (just) two parties. This book therefore explores the legal consequences of the existence of linked contracts. It thereby provides insights for practice and academia in this new phenomenon.
Book | 1st edition 2012 | World | Edda Kristjansdottir, André Nollkaemper, Cedric Ryngaert
This volume examines in detail attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements.
Rehabilitation, Reintegration and Reconciliation of War-Affected Children
Book | 1st edition 2012 | World | Ilse Derluyn, Cindy Mels, Stephan Parmentier, Wouter Vandenhole
The recruitment and operations of child soldiers have been hitting the headlines in politics and the media for many years. However, a much broader circle of children is affected by armed conflicts. Hence, the many challenges to deal with youth affected by armed conflict exceed by far the issue of the recruitment and demobilisation of child soldiers, but also extend to questions of rehabilitation, reintegration and reconciliation processes of all children and youths. This book brings together for the first time a wide range of leading scholars from three disciplinary perspectives (children’s rights, psychosocial studies and transitional justice) and aims at enhancing a multidisciplinary and comprehensive approach to the rehabilitation, reintegration and reconciliation processes of children and adolescents affected by armed conflict.
Book | 1st edition 2012 | World | Richard Sannerholm
This book provides a critical analysis of past and current rule of law promotion, and argues that despite past experiences of development and technical assistance, rule of law reform in war-torn and crisis societies operates in an autonomous field where best practices and lessons learned are rarely or only superficially acknowledged. The author provides a comparative and systematic overview of how rule of law promotion has been put into effect and identifies challenges and opportunities for enhancing and strengthening norms, ideologies and methods for legal and judicial reform after war and crisis.
Book | 1st edition 2012 | World | Nicola Palmer, Phil Clark, Danielle Granville
In the last twenty years, the field of transitional justice has gone from being a peripheral concern to an ubiquitous feature of societies recovering from mass conflict or repressive rule. The sprawl of transitional justice, however, has not always produced concepts and practices that are theoretically sound and grounded in the empirical realities of the societies in question. Critical Perspectives in Transitional Justice takes stock of this burgeoning field and, in gathering the views of scholars and practitioners from a wide range of national and methodological backgrounds, explores the key concerns with current trends in transitional justice.
