Suchergebnisse

In this volume, fifteen contributors from the disciplines of law, politics and sociology reflect on South Africa's transition to democracy and the challenges of transformation and nation-building that have confronted the country since the first democratic elections of 1994. The range of topics covered is expansive, in keeping with a broader than usual definition of transitional justice which, it is argued, is more appropriate for states faced with the mammoth tasks of reform and institution-building in a context in which democracy has never been firmly rooted and the existence of widespread poverty gives rise to the dual demands for both bread and freedom. In the case of South Africa, the post-apartheid era has been characterised by wide-ranging attempts at transformation and nation-building, from the well-known Truth and Reconciliation Commission to reforms in education and policing, the promotion of women's rights, the reform of land law, the provision of basic services to hundreds of thousands of poor households, a new framework for freedom of expression, and the transformation of the judiciary. In the light of South Africa's commitment to a new constitutional dispensation and to legal regulation, this volume focuses in particular, but not exclusively, on the role that law and lawyers have played in social and political change in South Africa in the post-apartheid era. It sets the South African experience in historical and comparative perspective and considers whether any lessons may be learnt for the field of transitional justice.

Human history is replete with examples of widespread and gross violations of human rights, which continue to be perpetrated in the present day. Sadly, however, only a tiny fraction of the millions of people whose lives have been shattered by torture, rape, the murder of loved ones, or other forms of gross abuse, may hope to receive any meaningful form of reparation. The aim of this book is to stimulate debate on the issue of reparations, in the hope that it will lead to increased visibility for the many deserving groups striving for some form of meaningful recognition or recompense for past injustices visited upon them. The book is eclectic in nature, being made up of contributions by a range of outstanding academics and practitioners from around the world. The international nature and diverse focus of the work result in a fascinating snapshot of this growing field. It will be of interest both to academics and practitioners who are specialists in the field of reparations, as well as to almost anyone who is interested in the field of human rights generally.

An eventual sustained democratic transition process in Zimbabwe may include a 'truth and reconciliation' commission. The need for - and possible form of - any such institution is situated in a number of discussions: the balance of principle and pragmatism that peace deals sometimes require; comparative experiences in other societies and the promise and limits of institutional modelling; the dynamic between global expectations or prescriptions and ground-level exigencies; the interface of international criminal law and institutions with national-level justice processes; the content of the State's international legal duty to afford a remedy. In considering the extent of an international normative framework limiting the justice options of transitional States, a certain margin of appreciation may be appropriate or necessary to enable a society to reconcile with its violent past on its own terms.

An eventual sustained democratic transition process in Zimbabwe may include a 'truth and reconciliation' commission. The need for - and possible form of - any such institution is situated in a number of discussions: the balance of principle and pragmatism that peace deals sometimes require; comparative experiences in other societies and the promise and limits of institutional modelling; the dynamic between global expectations or prescriptions and ground-level exigencies; the interface of international criminal law and institutions with national-level justice processes; the content of the State's international legal duty to afford a remedy. In considering the extent of an international normative framework limiting the justice options of transitional States, a certain margin of appreciation may be appropriate or necessary to enable a society to reconcile with its violent past on its own terms.

AbstractAn eventual sustained democratic transition process in Zimbabwe may include a 'truth and reconciliation' commission. The need for—and possible form of—any such institution is situated in a number of discussions: the balance of principle and pragmatism that peace deals sometimes require; comparative experiences in other societies and the promise and limits of institutional modelling; the dynamic between global expectations or prescriptions and ground-level exigencies; the interface of international criminal law and institutions with national-level justice processes; the content of the State's international legal duty to afford a remedy. In considering the extent of an international normative framework limiting the justice options of transitional States, a certain margin of appreciation may be appropriate or necessary to enable a society to reconcile with its violent past on its own terms.

Dugardian legal theory / David Dyzenhaus -- Casting fresh light on the supreme right : the African commission's general comment no. 3 on the right to life / Christof Heyns, and Thomas Probert -- Human rights in the work of the international law commission / Arnold Pronto -- Pursuing a brave new world for the oceans : the place of common heritage in a proposed law of the sea treaty / Dire Tladi -- Climate change and the rule of law : adjudicating the future in international law / Philippe Sands -- The International Law Commission's articles on diplomatic protection revisited / James Crawford -- Immunities and consent to jurisdiction in international law / Annemarieke Vermeer-Kunzli -- The development of international law by national courts / Christopher Greenwood -- The status of municipal law before the world court in the light of recent cases / Maurice Kamto -- The individualization of enforcement in international law / Larissa van den Herik -- South Africa in Africa : assessing South Africa's participation in organization of African unity and African Union treaties / Tiyanjana Maluwa -- Unconstitutional change of government and the public law of Africa : outlawing Coups d'Etat in Africa / Abdulqawi A. Yusuf -- State succession in relation to treaties : looking back and looking forward / Ivan Shearer -- United Nations Security Council Resolution 1373 (2001) as a tool for criminal law enforcement / Trevor P. Chimimba -- Counter-terrorism sanctions and human rights / Hennie Strydom -- The Omar Al-Bashir case : exploring efforts to resolve the tension between the African Union and the International Criminal Court / Max du Plessis -- International Criminal Law and the Middle East / William Schabas -- Fighting apartheid on a second front : Dugard's work on the occupied Palestinian territories / Mia Swart -- Global trends towards the simplification of extradition procedures / Neil Boister.