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Foreword

Published online by Cambridge University Press:  07 September 2011

Antoine Buyse
Affiliation:
Universiteit Utrecht, The Netherlands
Michael Hamilton
Affiliation:
Central European University, Budapest
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Summary

We are in a ‘global’ phase of transitional justice, marked by the proliferation of accountability mechanisms and processes at and across different levels – international, regional and domestic. What all of this means theoretically and practically is the central theme of this probing book. This is a work that questions prevailing assumptions, in particular regarding the European Court of Human Rights, through cross-cutting comparative research.

The point of departure is the current state of the field of transitional justice. The global phase has three dimensions: the globalization of the context; the concern for actors and interests beyond the state, both public and private; and the expansion, entrenchment and normalization of accountability as a response to conflict, wherever it occurs and whatever its forms. Moreover, this is a time in which courts are increasingly the institutions called upon to respond to conflict. The purposes of and hopes for transitional justice are extended beyond state building to advance the promotion and maintenance of human security.

Type
Chapter
Information
Transitional Jurisprudence and the ECHR
Justice, Politics and Rights
, pp. vii - x
Publisher: Cambridge University Press
Print publication year: 2011

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References

Stiefel, Ernst C.Transitional JusticeNew YorkOxford University Press 2000Google Scholar
Teitel, R.Transitional Justice GlobalizedInternational Journal of Transitional Justice 2009Google Scholar
Teitel, R.Militating DemocracyMichigan Journal of International Law 29 2007Google Scholar
Gross, O.The Normless and Exceptionless Exception: Carl Schmitt’s Theory of Emergency Powers and the “Norm-Exception” DichotomyCardozo Law Review 21 2000Google Scholar
Teitel, R.Militating DemocracyMichigan Journal of International Law 29 2007Google Scholar
Teitel, R.Transitional JusticeNew YorkOxford University Press 2000Google Scholar

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  • Foreword
  • Edited by Antoine Buyse, Universiteit Utrecht, The Netherlands, Michael Hamilton, Central European University, Budapest
  • Book: Transitional Jurisprudence and the ECHR
  • Online publication: 07 September 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511758515.001
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  • Foreword
  • Edited by Antoine Buyse, Universiteit Utrecht, The Netherlands, Michael Hamilton, Central European University, Budapest
  • Book: Transitional Jurisprudence and the ECHR
  • Online publication: 07 September 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511758515.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Foreword
  • Edited by Antoine Buyse, Universiteit Utrecht, The Netherlands, Michael Hamilton, Central European University, Budapest
  • Book: Transitional Jurisprudence and the ECHR
  • Online publication: 07 September 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511758515.001
Available formats
×