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Corporate Accountability in the Context of Transitional Justice

Corporate Accountability in the Context of Transitional Justice
Author: Sabine Michalowski
Publisher: Routledge
Total Pages: 280
Release: 2014-06-23
Genre: Business & Economics
ISBN: 1317577493

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Corporate Accountability in the Context of Transitional Justice explores how corporations can be held accountable for their role in past human rights violations when a country is making a transition from conflict or repression to peace and democracy. It breaks new ground in theorizing the linkages between the areas of transitional justice and corporate accountability and analyzing problems frequently arising where the two fields meet in practice, for example where the role of corporations in past human rights violations is examined by truth and reconciliation commissions or in the course of litigation. The book provides an overview of the current trends in law and in legal and political discussion relating to both areas, as well as in-depth analysis of how tools of corporate accountability and transitional justice can complement each other in order to achieve the best outcomes for bringing justice to victims and lasting peace to societies. The authors bring extensive experience from diverse professional backgrounds and jurisdictions to provide the first sustained attempt to address this link. The book will be of interest to scholars, practitioners, policymakers and activists working in the areas of transitional justice; corporate accountability; and business and human rights.


Transitional Justice and Corporate Accountability from Below

Transitional Justice and Corporate Accountability from Below
Author: Leigh A. Payne
Publisher: Cambridge University Press
Total Pages: 395
Release: 2020-04-30
Genre: Political Science
ISBN: 1108640753

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Bruno Tesch was tried and executed for his company's Zyklon B gas used in Nazi Germany's extermination camps. This book examines this trial and the more than 300 other economic actors who faced prosecution for the Holocaust's crimes against humanity. It further tracks and analyses similar transitional justice mechanisms for holding economic actors accountable for human rights violations in dictatorships and armed conflict: international, foreign, and domestic trials and truth commissions from the 1970s to the present in every region of the world. This book probes what these accountability efforts are, why they take place, and when, where, and how they unfold. Analysis of the authors' original database leads them to conclude that 'corporate accountability from below' is underway, particularly in Latin America. A kind of Archimedes' lever places the right tools in weak local actors' hands to lift weighty international human rights claims, overcoming the near absence of international pressure and the powerful veto power of business.


Transitional Justice in Aparadigmatic Contexts

Transitional Justice in Aparadigmatic Contexts
Author: Tine Destrooper
Publisher: Taylor & Francis
Total Pages: 185
Release: 2023-03-23
Genre: Law
ISBN: 1000845605

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This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and ‘aparadigmatic’ cases. The book defines transitional justice as the pursuit of accountability, recognition and/or disruption and applies an actor-centric analysis focusing on justice actors’ intentions of and responses to transitional justice. It offers a typology of different transitional justice contexts ranging from societies experiencing ongoing conflict to consolidated democracies, and includes chapters from all types of aparadigmatic contexts. This covers transitional justice in states with contested political authority, shared political authority, and consolidated political authority. The transitional justice initiatives explored by the wide range of contributors are those of Afghanistan, Belgium, France, Greenland/Denmark, Libya, Syria, Turkey/Kurdistan, UK/Iraq, US, and Yemen. Through these aparadigmatic case studies, the book develops a new framework that, appropriate to its expanding reach, allows us to understand the practice of transitional justice in a more context-sensitive, bottom-up, and actor-oriented way, which leaves room for the complexity and messiness of interventions on the ground. The book will appeal to scholars and practitioners in the broad field of transitional justice, as represented in law, criminology, politics, conflict studies and human rights. The Introduction, Chapter 8 and the Concluding Remarks of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.


Peace, Everyone's Business!

Peace, Everyone's Business!
Author: Joris Jan van Sandt
Publisher:
Total Pages:
Release: 2017
Genre:
ISBN: 9789492487131

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Corporations, Accountability and International Criminal Law

Corporations, Accountability and International Criminal Law
Author: Kyriakakis, Joanna
Publisher: Edward Elgar Publishing
Total Pages: 320
Release: 2021-12-09
Genre: Law
ISBN: 0857939505

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This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.


Unfinished Business

Unfinished Business
Author: Laura García Martín
Publisher:
Total Pages: 331
Release: 2018
Genre:
ISBN:

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Accountability, International Business Operations and the Law

Accountability, International Business Operations and the Law
Author: Liesbeth Enneking
Publisher: Routledge
Total Pages: 299
Release: 2019-12-05
Genre: Law
ISBN: 1351127144

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A consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear. This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legaldoctrinal approaches with comparative, interdisciplinary, and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and sociopolitical debate in the fastevolving field of international corporate social responsibility and accountability.


Transitional Justice in Latin America

Transitional Justice in Latin America
Author: Elin Skaar
Publisher: Routledge
Total Pages: 353
Release: 2016-10-27
Genre: Law
ISBN: 1317526201

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This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.


Transitional Justice in Rwanda

Transitional Justice in Rwanda
Author: Gerald Gahima
Publisher: Routledge
Total Pages: 434
Release: 2013-02-15
Genre: Law
ISBN: 1135118531

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Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.