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William Schabas

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Joanna R. Quinn

The chapter traces the development of transitional justice (TJ), focusing on four of the most widely used instruments of TJ (criminal prosecutions, reparations, amnesty and truth-telling). It then outlines the development of TJ approaches and instruments around the world. Those same four commonly used instruments are utilized as a means of comparing experiences across continents. Finally, the chapter considers the ‘growing pains’ of the scholarship and practice of transitional justice. The questions raised have arisen because the field has matured to the extent that critical questions can and must be asked. Six of these are considered: deepening international engagement; the effect of contagion; simultaneity and the problems it brings; the call to address economic, social and cultural rights; the limits of what transitional justice can actually address; and the parameters of the transition in question. Origins and development of transitional justice; Europe; Latin America; Sub-Saharan Africa; Asia.

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Table of cases

A Critical Assessment of the EU-SADC Economic Partnership Agreement

Clair Gammage

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Preface

A Critical Assessment of the EU-SADC Economic Partnership Agreement

Clair Gammage

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Introduction

A Critical Assessment of the EU-SADC Economic Partnership Agreement

Clair Gammage

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Integration through law

A Critical Assessment of the EU-SADC Economic Partnership Agreement

Clair Gammage

Chapter 1 presents the main epistemological framework and ontological claims of the book and asserts that regions should be understood primarily as legal regimes. Through the marriage of material power, ideational forces and institutions this book aims to promote an understanding of regions as fundamentally legal regimes. The law generates an assumption of the ‘right’ and ‘just’ way to live, guiding behaviour of institutions and of people through legal codification of norms. Legal philosophers are concerned with the validity of legal norms, their claim to correctness, and to understanding the reasoning and logic of the legal system while sociologically informed analyses of law seek to reveal the practical or empirically valid nature of legal norms in relation to other spheres of action, such as politics and the economy. Using the discourse theory of law, this book proposes that legitimate law is that which is normatively perceived to provide ‘good’ reasons for action. This book aims to demonstrate how legitimate law can emerge from a discursive and participative process of deliberation. It will be argued that the EPAs have created discursive spaces for deliberation albeit the inclusion of non-state actors in that process across the regional groupings has been limited. As such, the extent to which the EPAs constitute legitimate legal regimes in a Habermasian sense is questionable.

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Abbreviations and acronyms

A Critical Assessment of the EU-SADC Economic Partnership Agreement

Clair Gammage

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Padraig McAuliffe

This chapter outlines the core focus of this book, namely the malleability of the structures that underpin poverty and inequality in post-conflict states. It defines what is meant by ‘post-conflict’ for the purposes of the book and argues that certain structural and post-conflict variables have been insufficiently included in fourth-generation transitional justice.

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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro