- The Oxford Handbook of the Theory of International Law
- Dedication
- Acknowledgements
- Table of Cases
- Table of Legislation
- Notes on Contributors
- Introduction: Theorizing International Law
- Theorizing the Turn to History in International Law
- Roman Law and the Intellectual History of International Law
- Transformations of Natural Law: Germany 1648–1815
- Hugo Grotius: The Making of a Founding Father of International Law
- The Critique of Classical Thought during the Interwar Period: Vattel and Van Vollenhoven
- The Ottoman Empire, the Origins of Extraterritoriality, and International Legal Theory
- China in the Age of the World Picture
- Imperialism and International Legal Theory
- Early Twentieth-Century Positivism Revisited
- Hans Kelsen and the Return of Universalism
- Schmitt, Schmitteanism and Contemporary International Legal Theory
- Hannah Arendt and International Law
- International Legal Theory in Russia: A Civilizational Perspective, or Can Individuals be Subjects of International Law?
- Natural Law in International Legal Theory: Linear and Dialectical Presentations
- Marxist Approaches to International Law
- Realist Approaches to International Law
- Constructivism and the Politics of International Law
- The International Signs Law
- Moral Philosophy and International Law
- International Legal Positivism
- Yale’s Policy Science and International Law: Between Legal Formalism and Policy Conceptualism
- International Law and Economics: Letting Go of the ‘Normal’ in Pursuit of An Ever-Elusive Real
- Liberal Internationalism
- Feminist Approaches to International Law
- Kant, Cosmopolitanism, and International Law
- Global Administrative Law and Deliberative Democracy
- Towards a New Theory of Sources in International Law
- Something to do with States
- Theorizing Recognition and International Personality
- Theorizing Jurisdiction
- Theorizing International Organizations
- Theorizing the Corporation in International Law
- Theorizing International Law on Force and Intervention
- Theorizing Human Rights
- Theorizing Free Trade
- International Criminal Law: Theory All Over the Place
- Theorizing the Laws of War
- Theories of Transitional Justice: Cashing in the Blue Chips
- Theorizing International Environmental Law
- Theorizing International Law and Development
- Theorizing Responsibility
- Theorizing Private International Law
- Transnational Migration, Globalization, and Governance: Theorizing a Crisis
- Religion, Secularism, and International Law
- The Idea of Progress
- International Legalism and International Politics
- Creating Poverty
- Fragmentation and Constitutionalization
- Index
Abstract and Keywords
This chapter examines the utopias called forth by the marriage of human rights accountability mechanisms on the one hand, and, on the other, arguments about the practical significance of these initiatives as preconditions for development, democracy, and political society. Transitional justice is seen to marry the ethical charge of the human rights field’s march against impunity, with an instrumental potential facilitating transition from the rule of violence into the rule of law. If the normative theories and agendas implicated by this marriage are advanced as being in the interests of justice, the accompanying instrumental theories and agendas are advanced in the interests of transition. Justice and transition operate here as allied and mutually reinforcing aspirations of and rationales for transitional justice institutions. Thus, this chapter identifies and analyses the stakes that attend this marriage of ‘ethics’ and ‘expertise’ in constituting the utopian political imagination of transitional justice.
Keywords: Political violence, Rape and sexual violence, General principles of international law, Human rights remedies, Sources of international law
NYU Gallatin School
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- The Oxford Handbook of the Theory of International Law
- Dedication
- Acknowledgements
- Table of Cases
- Table of Legislation
- Notes on Contributors
- Introduction: Theorizing International Law
- Theorizing the Turn to History in International Law
- Roman Law and the Intellectual History of International Law
- Transformations of Natural Law: Germany 1648–1815
- Hugo Grotius: The Making of a Founding Father of International Law
- The Critique of Classical Thought during the Interwar Period: Vattel and Van Vollenhoven
- The Ottoman Empire, the Origins of Extraterritoriality, and International Legal Theory
- China in the Age of the World Picture
- Imperialism and International Legal Theory
- Early Twentieth-Century Positivism Revisited
- Hans Kelsen and the Return of Universalism
- Schmitt, Schmitteanism and Contemporary International Legal Theory
- Hannah Arendt and International Law
- International Legal Theory in Russia: A Civilizational Perspective, or Can Individuals be Subjects of International Law?
- Natural Law in International Legal Theory: Linear and Dialectical Presentations
- Marxist Approaches to International Law
- Realist Approaches to International Law
- Constructivism and the Politics of International Law
- The International Signs Law
- Moral Philosophy and International Law
- International Legal Positivism
- Yale’s Policy Science and International Law: Between Legal Formalism and Policy Conceptualism
- International Law and Economics: Letting Go of the ‘Normal’ in Pursuit of An Ever-Elusive Real
- Liberal Internationalism
- Feminist Approaches to International Law
- Kant, Cosmopolitanism, and International Law
- Global Administrative Law and Deliberative Democracy
- Towards a New Theory of Sources in International Law
- Something to do with States
- Theorizing Recognition and International Personality
- Theorizing Jurisdiction
- Theorizing International Organizations
- Theorizing the Corporation in International Law
- Theorizing International Law on Force and Intervention
- Theorizing Human Rights
- Theorizing Free Trade
- International Criminal Law: Theory All Over the Place
- Theorizing the Laws of War
- Theories of Transitional Justice: Cashing in the Blue Chips
- Theorizing International Environmental Law
- Theorizing International Law and Development
- Theorizing Responsibility
- Theorizing Private International Law
- Transnational Migration, Globalization, and Governance: Theorizing a Crisis
- Religion, Secularism, and International Law
- The Idea of Progress
- International Legalism and International Politics
- Creating Poverty
- Fragmentation and Constitutionalization
- Index