Law in Transition: Human Rights, Development and Transitional Justice

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Law in Transition: Human Rights, Development and Transitional Justice

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Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change.

Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance.

While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments.

The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible.

The book is designed for research and teaching at both undergraduate and graduate levels.
Preface and Acknowledgements
List of Contributors
List of Abbreviations
Introduction: Approximating Law and Development, Human Rights and Transitional Justice
Peer Zumbansen and Ruth Buchanan

Part I: Rights in Law & Development: Regulation, Possibility and Practice
1. Global Poverty and the Politics of Good Intentions
Sundhya Pahuja
2. Human Rights and Development: A Fragmented Discourse
Issa G Shivji
3. Rights and Development: A Social Power Perspective
Ananya Mukherjee-Reed
4. Is a New ‘TREMF’ Human Rights Paradigm Emerging? Evidence from Nigeria
Obiora Chinedu Okafor
5. The Transformation of Africa: A Critique of Rights in Transitional Justice
Makau W Mutua
6. Marks Indicating Conditions of Origin in Rights-Based Sustainable Development
Nicole Aylwin and Rosemary J Coombe
7. Rethinking the Convergence of Human Rights and Labour Rights in International Law: Depoliticisation and Excess
Vidya Kumar
8. Measuring the World: Indicators, Human Rights and Global Governance
Sally Engle Merry
9. Governing by Measuring: The Millenium Development Goals in Global Governance
Kerry Rittich

Part II: Transitional Justice and Development: Comparative and Transnational Perspectives
10. Reparations and Development
Naomi Roht-Arriaza
11. Making History or Making Peace: When Prosecutions Should Give Way to Truth Commissions and Peace Negotiations
Martha Minow
12. Transitional Justice as Global Project: Critical Refl ections
Rosemary Nagy
13. Holding Up a Mirror to the Process of Transition? The Coercive Sterilisation of Romani Women in the Czech Republic Post-1991
Morag Goodwin
14. Symptoms of Sovereignty? Apologies, Indigenous Rights and Reconciliation in Australia and Canada
Kirsten Anker
15. Working through ‘Bitter Experiences’ towards a Purifi ed European Identity? A Critique of the Disregard for History in European Constitutional Theory and Practice
Christian Joerges
16. The Trials of History: Losing Justice in the Monstrous and the Banal
Vasuki Nesiah

Part III: Intersections and Prospects
17. Sociological Jurisprudence 2.0: Updating Law’s Inter-disciplinarity in a Global Context
Peer Zumbansen

Epilogue: Progressive Law versus the Critique of Law & Development: Strategies of Double Agency Revisited
Bryant G Garth
Index

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