Browse by title
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.
Ljiljana Biukovic and Pitman B. Potter
The call for domestic policy space characterizes recent debates on trade and investment in international economic law. In the wake of globalization, the creation of the World Trade Organization and a number of new agreements, critics deplore the loss of policy space in domestic law and on national levels, particularly in developing countries. As trade liberalization has reached an end, the call for more domestic policy space and a less intrusive framework of international law has become urgent. This chapter illuminates that policy space is a neutral concept, equally applying to domestic law and to the realm of international law and within different layers. From the point of view of regulatory theory and the doctrine of multilevel governance, policy space amounts to an inherent and necessary component. While it is mainly invoked as a means to increase the scope for domestic action and to limit the impact of international law, regulatory theory suggests using the concept in a neutral manner, realizing appropriate allocation of powers to domestic law, international law and among different bodies on layers of governance. In addition, international trade law is a prime example of the need for carefully protecting policy space on the level of international law to limit pre-existing domestic policy space. The relationship between trade and human rights is especially complex. Historically sharing the same roots, human rights and trade policy have developed in completely separate fora and constituencies. Effective protection of human rights calls for less domestic policy space and stronger guarantees and procedures in international law. This chapter therefore concludes that trade, human rights and policy space are inherently intertwined and need to be dealt with accordingly.
Gideon Boas and Pascale Chifflet
International criminal justice describes the response of the international community to mass atrocity. How we respond to war, to the rupture of society and to systematized murder and persecution is at the heart of the issue. Which forms of transitional justice we respond with, and how our goals are best achieved, are important questions. But international criminal justice is about more than responses. How do we learn from history or, sometimes, fail to do so? Can we use our understanding of human psychology to better respond to mass atrocity, or better, to prevent it or react to address it sooner? What of the sociological elements that are infused in our response to heinous international crimes; how do these affect our understanding and practice of international criminal justice? Key words: international; criminal; justice; community; atrocity