Law in Transition: Human Rights, Development and Transitional Justice (Osgoode Readers New as Paperback)
By: Ruth Buchanan (editor), Peer Zumbansen (editor)Paperback
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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.
Ruth Buchanan is a Professor of Law at Osgoode Hall Law School, Toronto. Peer Zumbansen is Professor of Law and Canada Research Chair at Osgoode Hall Law School, Toronto.
Introduction: Approximating Law and Development, Human Rights andTransitional 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 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 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
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- ID: 9781509907380
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