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Environmental Protection and Transitions from Conflict to Peace

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ISBN: 9780198784630 Year: Pages: 512 DOI: 10.1093/oso/9780198784630.001.0001 Language: English
Publisher: Oxford University Press
Subject: Law --- Political Science
Added to DOAB on : 2017-12-05 11:02:27
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This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. The volume brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key legal considerations related to normative frameworks (e.g. international environmental law, international humanitarian law, transitional justice, and human rights), the treatment of substantive principles (e.g. proportionality under jus in bello and jus post bellum, environmental integrity), ‘shared responsibility’, and accountability mechanisms for environmental damage. By providing a comprehensive and in-depth analysis of environmental protection and natural resource management during the transition to peace, the volume reveals strong links between the peace-orientation of jus post bellum and environmental principles, such as intergenerational equity and precaution. There is a great deal of work to do to ensure greater protection of the environment before, during, and after conflict. It remains a challenge to align protection with the political interest of states, and the increasing involvement of non-state actors in armed conflict. This volume marks a starting point for an urgently needed space for states, international organizations, and civil society to discuss, and debate conflict and the environment. By engaging with the International Law Commission’s 2016 Draft Principles on the Protection of the Environment in Relation to Armed Conflicts, the volume adds clarity to the law and momentum to the development of the law in this important area.

Dealing with the Past in Security Sector Reform

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Book Series: SSR Papers ISBN: 9781911529378 Year: Pages: 79 DOI: 10.5334/bbu Language: English
Publisher: Ubiquity Press
Subject: Sociology --- Political Science
Added to DOAB on : 2019-03-05 11:21:04
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Security sector reform (SSR) and transitional justice processes often occur alongside each other in societies emerging from conflict or authoritarian rule, involve many of the same actors, are supported by some of the same partner countries and impact on each other. Yet the relationship between SSR and transitional justice, or â dealing with the pastâ (DwP) as it is also called, remains underexplored and is often marked by ignorance and resistance. While SSR and transitional justice processes can get into each otherâ s way, this paper argues that SSR and DwP are intrinsically linked and can complement each other. SSR can make for better transitional justice and vice versa. Transitional justice needs SSR to prevent a recurrence of abuses, an essential element of justice. SSR can learn from transitional justice not only that it is better to deal with rather than ignore an abusive past but also how to address an abusive legacy in the security sector. The validity of these assumptions is tested in two case studies: the police reform process in Bosnia and Herzegovina after 1995 and the SSR process in Nepal after 2006.

Civil Society and Transitional Justice in Asia and the Pacific

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ISBN: 9781760463281 9781760463298 Year: Pages: 258 DOI: 10.22459/CSTJAP.2019 Language: English
Publisher: ANU Press
Subject: Political Science --- Philosophy --- History
Added to DOAB on : 2019-12-13 11:21:03
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"Over the last two decades, civil society has helped catalyse responses to the legacies of violent conflicts and oppressive political regimes in Asia and the Pacific. Civil society has advocated for the establishment of criminal trials and truth commissions, monitored their operations and pushed for take-up of their recommendations. It has also initiated community-based transitional justice responses. Yet, there has been little in-depth examination of the breadth and diversity of these roles. This book addresses this gap by analysing the heterogeneity of civil society transitional justice activity in Asia and the Pacific. Based upon empirically grounded case studies of Timor-Leste, Indonesia, Cambodia, Myanmar, Bougainville, Solomon Islands and Fiji, this book illustrates that civil society actors can have different – and sometimes competing – priorities, resources and approaches to transitional justice. Their work is also underpinned by diverse understandings of ‘justice’. By reflecting on the richness of this activity, this book advances contemporary debates about transitional justice and civil society. It will also be a valuable resource for scholars and practitioners working on Asia and the Pacific."

Jus Post Bellum: Mapping the Normative Foundations

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ISBN: 9780199685899 Year: Pages: 600 DOI: 10.1093/acprof:oso/9780199685899.001.0001 Language: English
Publisher: Oxford University Press Grant: Universiteit Leiden
Subject: Law --- Political Science
Added to DOAB on : 2017-01-27 11:01:21
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The successful transition from armed conflict to peace is one of the greatest challenges of contemporary warfare. The laws and principles governing transitions from conflict to peace (jus post bellum) have only recently gained attention in legal scholarship. This volume investigates questions concerning the core of jus post bellum: the law (“jus”), the temporal aspect (“post”), and different types of armed conflict (“bellum”). It is the first volume to clarify the different legal meanings and components of the concept, including its implications in contemporary politics and practice. It explores the nature of jus post bellum as a concept, including its foundations, criticisms, and relationship to related concepts (e.g. Transitional Justice, Responsibility to Protect). It rethinks the nexus of the concept to jus ad bellum and jus in bello and its relevance in internal armed conflicts and peacebuilding. It examines problems in relation to the ending of conflict, including indicators for the end of conflict, exit strategies, and institutional responses. It also identifies contours of a “jus,” drawing on disparate bodies and sources of international law such as peace agreements, treaty law, self-determination, norms governing peace operations, and the status of foreign armed forces, environmental law, human rights, and amnesty law. Taking into account perspectives from multiple disciplines, the book will be relevant to scholars, practitioners, and students across many fields, such as peace and conflict studies, international relations, philosophy, political science, and international law.

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