Law in Transition: Human Rights, Development and Transitional Justice

Law › Human Rights

Law in Transition: Human Rights, Development and Transitional Justice

Edited by Ruth Buchanan · Peer Zumbansen
Hart Publishing September 2016

Specifications

ISBN-13
9781509907380
Publisher
Hart Publishing
Publication
September 2016
Format
Paperback
Jurisdiction
International ? Countri(es) for reference only

Also available as

Details

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.

Table of Contents

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

HKD 491.66 −3%
HKD 506.87

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4 weeks
Extra 2-10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Human Rights

View all
The Law of Human Rights
Oxford University Press

The Law of Human Rights

Richard Clayton; Hugh Tomlinson
HKD 1,607.78
The EU Treaties and the Charter of Fundamental Rights: A Commentary, 2nd Edition
Oxford University Press

The EU Treaties and the Charter of Fundamental Rights: A Commentary, 2nd Edition

Manuel Kellerbauer; Marcus Klamert; Jonathan Tomkin
HKD 4,980.95
The United Nations Convention Against Torture and its Optional Protocol: A Commentary 2nd Edition
Oxford University Press

The United Nations Convention Against Torture and its Optional Protocol: A Commentary 2nd Edition

Manfred Nowak; Moritz Birk; Giuliana Monina
HKD 4,476.55
Policing the Womb: Invisible Women and the Criminalization of Motherhood
Cambridge University Press

Policing the Womb: Invisible Women and the Criminalization of Motherhood

Michele Goodwin
HKD 554.84
Business and Human Rights Law and Practice in Africa
Edward Elgar Publishing

Business and Human Rights Law and Practice in Africa

Damilola S. Olawuyi; Oyeniyi O. Abe
HKD 1,538.42
Research Methods in Human Rights: A Handbook
Edward Elgar Publishing

Research Methods in Human Rights: A Handbook

Bard A. Andreassen,  Hans-Otto Sano; Siobhan McInerney-Lankford