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Transitional Justice, Corporate Accountability and Socio-Economic Rights: Lessons from Argentina

Transitional Justice, Corporate Accountability and Socio-Economic Rights: Lessons from Argentina

  • 作者:
  • 出版商: Routledge
  • ISBN: 9780367204143
  • 出版时间 August 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
JP¥31,725.00
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  • 描述 
  • 大纲 
  • 详细

    This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses.

    While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict, as well as to contribute to a sustainable and positive peace.

    This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.

  • Acknowledgments
    Book Abstract
    List of Abbreviations
    Introduction
    PART I – TRANSITIONAL JUSTICE AND SOCIO-ECONOMIC RIGHTS
    Chapter I - Analysing the Transitional Justice paradigm
    Introduction
    Background and evolution of Transitional Justice
    Defining the Transitional Justice Paradigm
    Transitional Justice Processes and Mechanisms
    Truth
    Justice
    Reparations
    Institutional Reform
    How to assess the impact of transitional justice
    Transitional Justice Theories
    Socio-political aspects of Transitional Justice
    Intermediate conclusions: A unique model of transitional justice?
    Chapter II – Socio-economic rights in Transitional Justice
    Introduction
    Contextualising socio-economic rights in International law
    Labour rights as socio-economic rights: a particular focus on freedom of association at the workplace
    Labour rights as human rights
    Freedom of association at the workplace: the right to form and join trade unions and the right to collective bargain
    Traditional invisibility of socio-economic rights in transitional justice contexts
    Addressing socio-economic rights in transitional justice processes
    Truth Commissions
    Judicial Processes
    Reparations
    Institutional reform
    Intermediate conclusions: The add value of addressing socio-economic rights in transitional justice
    PART II: CORPORATE ACCOUNTABILITY IN TRANSITIONAL JUSTICE
    Chapter III – Corporate accountability for human rights abuses
    Introduction
    Clarifying the notion of corporate complicity for human rights abuses
    Policy and legal meaning of corporate complicity
    Categories of corporate complicity
    Corporate accountability under the existing legal regimes
    Criminal Law
    Civil Law of remedies
    International Human Rights Law
    Intermediate conclusions: The challenging task of holding corporations legally accountable for human rights abuses
    Chapter IV – Linking corporate accountability and transitional justice
    Introduction
    Introduction
    Engaging corporations in peacebuilding strategies
    Challenges for the international framework of business and human rights in transitional justice
    Addressing corporate accountability and socio-economic rights in transitional justice
    Intermediate conclusions: The need to address corporate accountability in transitional justice
    PART III – A CASE STUDY OF ARGENTINA
    Chapter V - Proceso de Reorganizacion Nacional: the dark ages of Argentinian history (1976-1983)
    Introduction
    International and national background
    Coup and establishment of Military Juntas
    Military Juntas
    Economic policy and social repression
    Civilian involvement: a special focus on corporations and economic groups
    Workers as target of repression
    The extended notion of ‘subversion’
    Suppression of workers’ rights and trade unions intervention
    Human rights violations
    Intermediate conclusions: Business involvement in human rights violations
    Chapter VI - Nunca Más: The transitional justice process in Argentina
    Introduction
    Political stages of the transitional justice process in Argentina
    First period- New democratic governments and first accountability initiatives (1983-1989)
    Second period - Amnesties and Pardons (1989-2003)
    Third period – New Accountability Era (2003-2015)
    Current stage and challenges
    Transitional Justice Mechanisms and Accountability for socio-economic rights
    Truth
    Justice
    Reparations
    Institutional Reform
    Corporate accountability and the transitional justice process in Argentina
    Intermediate conclusions: Argentina’s transitional justice approach to corporate accountability and socio-economic rights
    Conclusions
    Bibliography
    Annex – List of interviews

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