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Transitional Justice in a Transnational World: The Ambiguous Role of Law


Peer C Zumbansen


Dickson Poon School of Law - King's College London

December 9, 2008

CLPE Research Paper No. 40/2008

Abstract:     
In situations of military, political or economic transition, the reassessment of the role of law in the transition process becomes a crucial site of a people's or a nation's negotiating the past, present and future. Allusions to a tabula rasa or an annee zero after traumatic collapses of societal order, however, turn into ill-fated attempts to address the challenges of confronting the past when building the future. The law's concern with nations that struggle with transition expresses itself through hybrid concepts such as transitional or post-conflict justice, restorative justice, or reconciliation. This paper revisits these instantiations and places them in the context of an increasingly transnational discourse on transitional justice. In light of the wealth of law and non-law responses to past injustice around the world today, transitional justice emerges as a form of transnational legal pluralism, highlighting the parallels of regulatory challenges confronting transition and established regimes alike.

Number of Pages in PDF File: 29

Keywords: Transitional Justice, Law & Development, Law of Occupation, Transnational Law, Memory

JEL Classification: K23, K30, K33, K40

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Date posted: December 11, 2008  

Suggested Citation

Zumbansen, Peer C, Transitional Justice in a Transnational World: The Ambiguous Role of Law (December 9, 2008). CLPE Research Paper No. 40/2008. Available at SSRN: http://ssrn.com/abstract=1313725 or http://dx.doi.org/10.2139/ssrn.1313725

Contact Information

Peer C Zumbansen (Contact Author)
Dickson Poon School of Law - King's College London ( email )
Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom
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