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Introduction

Fionnuala Ní Aoláin, Dina Francesca Haynes, and Naomi Cahn

in On the Frontlines: Gender, War, and the Post-Conflict Process

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195396645
eISBN:
9780199918416
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195396645.003.0000
Subject:
Law, Human Rights and Immigration, Public International Law

This introductory chapter first sets out the purpose of the book, which is to explore the role that gender plays in the construction and implementation of the post-conflict transitional process. The ... More


Before, During, and After Conflict: The Connections for Women

Fionnuala Ní Aoláin, Dina Francesca Haynes, and Naomi Cahn

in On the Frontlines: Gender, War, and the Post-Conflict Process

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195396645
eISBN:
9780199918416
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195396645.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

Rhetorical reference to the situations of women before armed conflict are abound, but there has been little detailed analysis of how women’s prewar status and experiences relate to their conflict ... More


Habits of Mind and ‘Truth Telling’: Article 2 ECHR in Post-Conflict Northern Ireland

Gordon Anthony and Paul Mageean

in Judges, Transition, and Human Rights

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199204939
eISBN:
9780191695599
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204939.003.0010
Subject:
Law, Human Rights and Immigration

This chapter evaluates the impact that habits of mind in British constitutional law have had on processes of truth telling in Northern Ireland. It suggests that article 2 of the European Court of ... More


Dangerous Constitutional Moments: the ‘Tactic of Legality’ in Nazi Germany and the Irish Free State Compared

Gerard Quinn

in Judges, Transition, and Human Rights

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199204939
eISBN:
9780191695599
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204939.003.0012
Subject:
Law, Human Rights and Immigration

This chapter looks at dangerous constitutional moments that can occur during any process of transition. It focuses on the deconstruction of the Weimar Constitution in the early 1930s which paved the ... More


Judges, Transition, and Human Rights: Essays in Memory of Stephen Livingstone

John Morison, Kieran McEvoys, and Gordon Anthony

in Judges, Transition, and Human Rights

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199204939
eISBN:
9780191695599
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204939.003.0001
Subject:
Law, Human Rights and Immigration

This chapter explains the coverage of this book, which is about judges and human rights in societies in transition. This book presents chapters on the separation of powers in a global context, ... More


Contrasting the Normative and Historical Foundations of Transitional Justice and Jus Post Bellum: Outlining the Matrix of Definitions in Comparative Perspective

Jens Iverson

in Jus Post Bellum: Mapping the Normative Foundations

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199685899
eISBN:
9780191765841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685899.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter contrasts Transitional Justice and jus post bellum in order to create a clearer definition and understanding of each. The terms are evaluated not as essentialist truths but as terms that ... More


Conflict Termination from a Human Rights Perspective: State Transitions, Power-Sharing, and the Definition of the “Post”

Martin Wählisch

in Jus Post Bellum: Mapping the Normative Foundations

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199685899
eISBN:
9780191765841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685899.003.0018
Subject:
Law, Public International Law, Human Rights and Immigration

The exact moment when the application of jus post bellum is supposed to begin and end is still under debate. This chapter approaches the question from a human rights perspective, analyzing the ... More


Jus Post Bellum and the Politics of Exit

Dominik Zaum

in Jus Post Bellum: Mapping the Normative Foundations

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199685899
eISBN:
9780191765841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685899.003.0019
Subject:
Law, Public International Law, Human Rights and Immigration

The chapter examines whether key exit mechanisms and instruments, transition policies, and the negotiations between external and local actors over the transition of political authority are shaped by ... More


Post-Occupation Law

Yaël Ronen

in Jus Post Bellum: Mapping the Normative Foundations

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199685899
eISBN:
9780191765841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685899.003.0023
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the notion of post-occupation law as a body of law that applies after the termination of occupation and regulates transition from dependence created by the occupant to ... More


Transitional Justice Without Economic, Social, and Cultural Rights?

Frank Haldemann and Rachelle Kouassi

in Economic, Social, and Cultural Rights in International Law: Contemporary Issues and Challenges

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199685974
eISBN:
9780191766091
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685974.003.0018
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the so-called 'economic, social, and cultural (ESC) rights thesis'—the claim that ESC rights (such as the right to food, housing, healthcare, and education) should be treated as ... More


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