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Courting Democracy In Bosnia And Herzegovina

Author: Lara J. Nettelfield
Publisher: Cambridge University Press
ISBN: 0521763800
Size: 59.95 MB
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"This book is essential reading for anyone interested in war crimes tribunals and their place in transitional justice. Nettelfield's wide and thorough research in the literature and on the ground in Bosnia and Herzegovina make this work stand out in a field already heavily populated. It represents a well-balanced and realistic assessment of the record of the International Criminal Tribunal for the former Yugoslavia."- Richard Goldstone, former chief prosecutor for the United Nations International Criminal Tribunals for Yugoslavia and Rwanda "Elegantly written and drawing on years of meticulous empirical research, Courting Democracy in Bosnia and Herzegovina is a major contribution to theoretical and policy debates on the role of international justice institutions. Nettelfield robustly challenges conventional critical assessments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and in so doing, changes forever the terms of the discussion about the impact of the ICTY in Bosnia-Herzegovina. Should be required reading in courses on human rights, international criminal law and political transitions in post-conflict settings."- Richard A. Wilson, Gladstein Chair of Human Rights, Director of the Human Rights Institute, and Professor of Anthropology at the University of Connecticut "This work is elegant in its rigor, lively in its tone, and uplifting in its spirit. Nettelfield gracefully moves us beyond turgidly contemptuous or blindly enthusiastic assessments of the relevance of international criminal law. She charts the field's role in post-conflict transition - a modest role, to be sure, and certainly a nuanced one, but also one that fosters democratic development. The book is a must-read for anyone concerned with Bosnia, transitional justice, and the role of law, in life. A tour de force!"- Mark A. Drumbl, Class of 1975 Alumni Professor and Director, Transnational Law Institute Washington and Lee University School of Law "Friends of international justice will welcome this balanced, methodologically rigorous assessment of popular responses to the ICTY in the Western Balkans. With its nuanced presentation of the Tribunal's impact, this work amply identifies missteps and pitfalls while providing gracious encouragement to proponents of international jurisprudence."- Robert Donia, Visiting Professor of History, University of Michigan "Lara Nettelfield has masterfully documented and analyzed the true impact of the International Criminal Tribunal for the former Yugoslavia on Bosnian society since 1993. She challenges conventional wisdom by demonstrating the Tribunal's modest but largely positive contribution to the democratic development of Bosnia and Herzegovina, including the introduction of new social movements for accountability. This book slays a few dragons and introduces refreshing clarity to a very challenging subject." - Professor David Scheffer, Northwestern University School of Law, and former U.S. Ambassador for War Crimes Issues (1997-2001)

Perspectives In Waging Conflicts Constructively

Author: Bruce W. Dayton
Publisher: Rowman & Littlefield
ISBN: 1442265523
Size: 12.97 MB
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This book explores how large-scale conflicts can be waged more constructively. An introduction presents key concepts in positive conflict resolution, and chapters from esteemed contributors illustrate these theories in action, with cases ranging from Israel to North Korea. The book offers diverse perspectives and concrete ideas for positive change.

The Yugoslav Example

Author: Bettina Gruber
Publisher: Waxmann Verlag
ISBN: 3830978448
Size: 70.64 MB
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The term 'Yugoslav Wars' (or, often, 'the Balkan conflict') refers to a series of wars in the region of former Yugoslavia, which were associated with the break-up of that state. The Yugoslav Wars resulted in an unimaginable number of dead, injured and displaced people. They also had a devastating impact on the economy and on the environment. Most notably, in some of the states which emerged from the conflict, people still to this day cannot peacefully coexist with one another. Beyond the affected region itself, the military conflict also had significant implications for Europe and its member states. It destroyed the illusion that Europe had overcome war. Perhaps these recent wars have given Europe an impetus to draw lessons from them, to find out what really needs to be done to build a peaceful Europe. A particular characteristic of this publication is that it does not settle for a single precise analysis of the reasons for war and for post-war conflicts. Rather, peace efforts and peace treaties are analyzed by focusing on their function of preventing conflicts or reducing their extent. Emphasis is placed on the efforts of national actors as well as on those of actors in civil society to promote peace policies in the international sphere. This collection of articles might, for the first time, clearly display the political challenges of peace in the context of the collapse of Yugoslavia and its subsequent wars. It certainly seeks to illustrate what has been learned and what still needs to be learned for the future.

Transitional Justice And Reconciliation

Author: Martina Fischer
Publisher: Routledge
ISBN: 1317529561
Size: 22.78 MB
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Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

Srebrenica In The Aftermath Of Genocide

Author: Lara J. Nettelfield
Publisher: Cambridge University Press
ISBN: 1107000467
Size: 59.80 MB
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This book traces the reverberations of genocide, forced displacement, and a legacy of loss in Bosnia and abroad.

Constituting Religion

Author: Tamir Moustafa
Publisher: Cambridge University Press
ISBN: 1108334075
Size: 53.78 MB
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Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.

Radovan Karadzic

Author: Robert J. Donia
Publisher: Cambridge University Press
ISBN: 1107073359
Size: 77.28 MB
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This book traces Radovan Karadžić's personal transformation from an unremarkable family man to the powerful leader of the Bosnian Serb nationalists. Based on previously unused documents and trial transcripts, this book argues that postcommunist democracy was a primary enabler of mass atrocities because it provided the means to mobilize large numbers of Bosnian Serbs for the campaign to eliminate non-Serbs from conquered land.

World Development Report 2017

Author: World Bank Group
Publisher: World Bank Publications
ISBN: 1464809518
Size: 46.21 MB
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Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.

Oil Is Not A Curse

Author: Pauline Jones Luong
Publisher: Cambridge University Press
ISBN: 1139491156
Size: 37.19 MB
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This book makes two central claims: first, that mineral-rich states are cursed not by their wealth but, rather, by the ownership structure they choose to manage their mineral wealth and second, that weak institutions are not inevitable in mineral-rich states. Each represents a significant departure from the conventional resource curse literature, which has treated ownership structure as a constant across time and space and has presumed that mineral-rich countries are incapable of either building or sustaining strong institutions - particularly fiscal regimes. The experience of the five petroleum-rich Soviet successor states (Azerbaijan, Kazakhstan, the Russian Federation, Turkmenistan, and Uzbekistan) provides a clear challenge to both of these assumptions. Their respective developmental trajectories since independence demonstrate not only that ownership structure can vary even across countries that share the same institutional legacy but also that this variation helps to explain the divergence in their subsequent fiscal regimes.