Law in Transition: Human Rights, Development and Transitional Justice

by Ruth Buchanan, Peer Zumbansen

Overview

Now available in paperback! 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, 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 a more nuanced and critical account of contemporary developments 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. 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. *** "An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholary contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart". --Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, MIT (Series: Osgoode Readers, Vol. 3) [Subject: Criminal Law, Human Rights Law, International Law, Comparative Law, International Trade Law, Public Law, Socio-Legal Studies]

Product Details

ISBN-13:	9781509907380
Publisher:	Hart Publishing UK
Publication date:	08/25/2016
Series:	Osgoode Readers Series
Pages:	372
Product dimensions:	6.69(w) x 9.61(h) x 0.77(d)

Table of Contents

Preface and Acknowledgements v

List of Contributors xi

List of Abbreviations xv

Introduction: Approximating Law and Development, Human Rights and Transitional justice Peer Zumbansen Ruth Buchanan 1

Part I Rights in Law & Development: Regulation, Possibility and Practice

1 Global Poverty and the Politics of Good Intentions Sundhya Pahuja 31

2 Human Rights and Development: A Fragmented Discourse Issa G Shivji 49

3 Rights and Development: A Social Power Perspective Ananya Mukherjee-Reed 63

4 Is a New 'TREME' Human Rights Paradigm Emerging? Evidence from Nigeria Obiora Chinedu Okafor 79

5 The Transformation of Africa: A Critique of Rights in Transitional Justice Makau W Mutua 91

6 Marks Indicating Conditions of Origin in Rights-Based Sustainable Development Nicole Aylwin Rosemary J. Coombe 103

7 Rethinking the Convergence of Human Rights and Labour Rights in International Law: Depoliticisation and Excess Vidya Kumar 127

8 Measuring the World: Indicators, Human Rights and Global Governance Sally Engle Merry 141

9 Governing by Measuring: The Millenium Development Goals in Global Governance Kerry Rittich 165

Part II Transitional Justice and Development: Comparative and Transnational Perspectives

10 Reparations and Development Naomi Roht-Arriaza 189

11 Making History or Making Peace: When Prosecutions Should Give Way to Truth Commissions and Peace Negotiations Martha Minow 203

12 Transitional Justice as Global Project: Critical Reflections Rosemary Nagy 215

13 Holding Up a Mirror to the Process of Transition? The Coercive Sterilisation of Romani Women in the Czech Republic Post-1991 Morag Goodwin 227

14 Symptoms of Sovereignty? Apologies, Indigenous Rights and Reconciliation in Australia and Canada Kirsten Anker 245

15 Working through 'Bitter Experiences' towards a Purified European Identity? A Critique of the Disregard for History in European Constitutional Theory and Practice Christian Joerges 269

16 The Trials of History: Losing Justice in the Monstrous and the Banal Vasuki Nesiah 289

Part III Intersections and Prospects

17 Sociological Jurisprudence 2.0: Updating Law's Inter-disciplinarity in a Global Context Peer Zumbansen 311

Epilogue: Progressive Law versus the Critique of Law & Development: Strategies of Double Agency Revisited Bryant G Garth 339

Index 349