The Legal Framework of Transitional Justice: A Systematic Study with a Special Focus on the Role of the ICC

2008 ◽  
pp. 19-103 ◽  
Author(s):  
Kai Ambos
Keyword(s):  
Systematic Study ◽  
Transitional Justice ◽  
Legal Framework ◽  
Special Focus

Traditional Justice Methods and Their Possible Impact on Transitional Justice Models in South Sudan

2018 ◽  
Vol 21 (1) ◽  
pp. 331-352
Author(s):  
Justice Benjamin Baak Deng
Keyword(s):  
Transitional Justice ◽  
South Sudan ◽  
Legal Framework ◽  
Customary Law ◽  
African Countries ◽  
The Rule Of Law ◽  
The People ◽  
Settlement Of Disputes ◽  
By Products

This paper discusses the legal framework of the traditional justice methods in several African countries, with a focus on South Sudan; the objective of customary law, the role of traditional courts or the forum of elders, and the methods of settlement of disputes. These methods of settlement of disputes are by-products of the practices, customs and traditions of the people that were devised as ways of maintaining peace and tranquillity, and thereby uphold the rule of law.

Between the Law: The Unmaking of Empire and Law's Imperial Amnesia

2016 ◽  
Vol 41 (02) ◽  
pp. 402-434 ◽  
Author(s):  
Yukiko Koga
Keyword(s):  
World War Ii ◽  
Transitional Justice ◽  
Legal Framework ◽  
World War ◽  
Japanese Imperialism ◽  
Transnational Law ◽  
Legal Space ◽  
Temporal And Spatial ◽  
The Law

Asian victims of Japanese imperialism have filed lawsuits against the Japanese government and corporations since the 1990s, which became prime sites for redress decades after Japan's defeat in World War II. As this ethnography demonstrates, this process paradoxically exposes a legal lacuna within this emergent transnational legal space, with plaintiffs effectively caught between the law, instead of standing before the law. Exploring this absence of law, I map out a post‐imperial legal space, created through the erasure of imperial and colonial subjects in the legal framework after empire. Between the law is an optic that makes visible uneven legal terrains that embody temporal and spatial disjuncture, rupture, and asymmetry. The role of law in post‐imperial transitions remains underexplored in literatures on transnational law, legal imperialism, postcolonialism, and transitional justice. I demonstrate how, at the intersection of law and economy, post‐imperial reckoning is emerging as a new legal frontier, putting at stake law's imperial amnesia.

Indian Corporations, Climate Change, and The Law

2021 ◽  
Vol 8 (2) ◽  
pp. 220-233
Author(s):  
Trishla Dubey
Keyword(s):  
Climate Change ◽  
United Nations ◽  
Private Sector ◽  
Legal Framework ◽  
Special Focus ◽  
United Nations Framework Convention ◽  
The World ◽  
Rio Conference ◽  
Private Corporations

Climate change is one of the biggest problems that humans have created for the whole of mankind. Discussions on combating climate change have been continuing since last 30 years when the United Nations Framework Convention on Climate Change was adopted at the Rio Conference in 1992. Despite this, nothing significant has been achieved so far. Due to public sector’s finite capabilities and increasing footprint of globalization and privatization, the world is rolling its eyes now on the private corporations to take the lead in this fight against climate change. This article will discuss the historic role that these corporations have played since climate change negotiation days, their contribution at present, and the progressive or regressive role they are set to play in future. The special focus of this article will be on analysing the role of Indian corporations and the existing legal framework governing them and its challenges. At the culmination of this article, the author will try to suggest mechanisms to magnify and intensify private sector contribution in combating climate change with minimum friction and maximum accountability and cohesion.

Integrating Advance Research Directives into the European Legal Framework

2016 ◽  
Vol 23 (2) ◽  
pp. 158-173 ◽  
Author(s):  
Roberto Andorno ◽  
Eloïse Gennet ◽  
Karin Jongsma ◽  
Bernice Elger
Keyword(s):  
Informed Consent ◽  
Advance Directives ◽  
Legal Status ◽  
Research Participation ◽  
Legal Framework ◽  
Special Focus ◽  
Acceptable Risks ◽  
European Regulations ◽  
Advance Research

The possibility of using advance directives to prospectively consent to research participation in the event of dementia remains largely unexplored in Europe. Moreover, the legal status of advance directives for research is unclear in the European regulations governing biomedical research. The article explores the place that advance research directives have in the current European legal framework, and considers the possibility of integrating them more explicitly into the existing regulations. Special focus is placed on issues regarding informed consent, the role of proxies, and the level of acceptable risks and burdens.

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

FAITH–BASED COMMUNITIES AND POLITICS IN DULLSTROOM-EMNOTWENI: LOCAL STORIES OF IDENTITY

2016 ◽  
Vol 1 (1) ◽  
pp. 45-57 ◽  
Author(s):  
Christina Landman
Keyword(s):  
Higher Education ◽  
Service Delivery ◽  
Special Focus ◽  
Traditional Role ◽  
Cultural Conflicts ◽  
Local Identities ◽  
Political Interests ◽  
Local Municipality ◽  
The Face

A majority of the black community of Dullstroom-Emnotweni in the Mpumalanga highveld in the east of South Africa trace their descent back to the southern Ndebele of the so-called ‘Mapoch Gronden’, who lost their land in the 1880s to become farm workers on their own land. A hundred years later, in 1980, descendants of the ‘Mapoggers’ settled in the newly built ‘township’ of Dullstroom, called Sakhelwe, finding jobs on the railways or as domestic workers. Oral interviews with the inhabitants of Sakhelwe – a name eventually abandoned in favour of Dullstroom- Emnotweni – testify to histories of transition from landowner to farmworker to unskilled labourer. The stories also highlight cultural conflicts between people of Ndebele, Pedi and Swazi descent and the influence of decades of subordination on local identities. Research projects conducted in this and the wider area of the eMakhazeni Local Municipality reveal the struggle to maintain religious, gender and youth identities in the face of competing political interests. Service delivery, higher education, space for women and the role of faith-based organisations in particular seem to be sites of contestation. Churches and their role in development and transformation, where they compete with political parties and state institutions, are the special focus of this study. They attempt to remain free from party politics, but are nevertheless co-opted into contra-culturing the lack of service delivery, poor standards of higher education and inadequate space for women, which are outside their traditional role of sustaining an oppressed community.

The role of Constitutional Courts in Transitional Justice: Colombia and South Africa

2016 ◽  
Vol 9 (15) ◽  
Author(s):  
Nadiehezka Paola Palencia Tejedor
Keyword(s):  
South Africa ◽  
Structural Analysis ◽  
Transitional Justice ◽  
Critical Analysis ◽  
Historical Context ◽  
Constitutional Courts ◽  
Political Background ◽  
Similarities And Differences ◽  
Peace And Reconciliation

This work focuses on a compared analysis of the South Afri- can decision related to the “peace and reconciliation act” of this country’s Parliament, and the Colombian decision regarding the amendment of the constitution called “The juridical framework for the peace.” Turning to the structure, it is developed in three major topics: 1. It provides a brief of the historical context, political background and an overview of the two decisions.2. It gives a structural analysis of the powers that each Court has and the nature of the constitutional mechanism through which both Courts decided the constitutionality of the said norms 3. It presents a critical analysis on the similarities and differences between the two systems and judgments. It presents some con- clusions. 

The role of standardization as a key Tool of Quality Economics in the development of integration of the Eurasian Economic Union

2019 ◽  
pp. 14-19
Author(s):  
V. V. Okrepilov ◽  
A. G. Gridasov
Keyword(s):  
Economic Integration ◽  
Legal Framework ◽  
Regulatory Framework ◽  
International Standards ◽  
Member States ◽  
Scientific Methods ◽  
Goods And Services ◽  
Eurasian Economic Union ◽  
Economic Union

The presented study examines the experience of forming a regulatory framework for the integration of the Eurasian Economic Union (EAEU) member states through the example of standardization as one of the key tools of quality economics.Aim. The study analyzes the major solutions of the EAEU authorities and member countries aimed at increasing the role of standardization in the economic integration of the Union over five years of its existence.Tasks. The authors identify efficient methods for developing standardization for the integration of the EAEU states as well as the most problematic aspects in this field that need to be taken into account in the qualitative strengthening of the Union’s economy.Methods. This study uses general scientific methods of cognition to examine the activities of the EAEU authorities and member states aimed at creating a system for the economic integration of the Union during a period of its transition from separate national markets towards a single (common) market.Results. Over five years of operation in the field of stadardization, the Eurasian Economic Union has created the necessary organizational and legal framework to ensure the successful development of integration processes. The national legislation on standardization has been modernized with allowance for the harmonization of these laws. In the next five-six years, the development of international standards for 40 technical regulations is expected to be completed, which would create a regulatory framework for unhindered interaction between all participants of the single (common) EAEU market. Conclusions. The analysis of activities in the field of standardization reveals a sufficiently thought-out and coordinated policy of the EAEU states in creating the necessary conditions for overcoming legal and administrative barriers in the movement of goods and services within the common economic space of the EAEU.

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