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Springer Series in Transitional Justice

Justice and Economic Violence in Transition

Dustin N. Sharp Editor

Springer Series in Transitional Justice

For further volumes:

http://www.springer.com/series/11233

Series Editor

Olivera Simic

Dustin N. Sharp

Editor

1 3

Justice and Economic

Violence in Transition

Editor

Dustin N. Sharp

Kroc School of Peace Studies

University of San Diego

San Diego, CA

USA © Springer Science+Business Media New York 2014

This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part

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Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright

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does not imply, even in the absence of a speciflc statement, that such names are exempt from the relevant

protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of

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any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein.

Printed on acid-free paper

Springer is part of Springer Science+Business Media (www.springer.com) ISBN 978-1-4614-8171-3 ISBN 978-1-4614-8172-0 (eBook)

DOI 10.1007/978-1-4614-8172-0

Springer New York Heidelberg Dordrecht London

Library of Congress Control Number: 2013946221

v

Contents

Introduction: Addressing Economic Violence in Times of Transition .... 1

Dustin N. Sharp

Liberal Peacebuilding and Transitional Justice: What Place for Socioeconomic Concerns? 27

Chandra Lekha Sriram

The Trilemma of Promoting Economic Justice at War's End. . . . . . . . . . . 51

Topher L. McDougal

Economic Violence in the Practice of African Truth Commissions and Beyond 79

Dustin N. Sharp

Reparations and Economic, Social, and Cultural Rights 109

Naomi Roht-Arriaza

Corruption, Human Rights, and Activism: Useful Connections and Their Limits 139

Chris Albin-Lackey

Transitional Justice, Development, and Economic Violence 165

Roger Duthie

Reimagining Transitional Justice for an Enduring Peace: Accounting for Natural Resources in Conflict 203

Sandra S. Nichols

Financial Complicity: The Brazilian Dictatorship Under the "Macroscope" 233

Juan Pablo Bohoslavsky and Marcelo D. Torelly

Contentsvi

Land Policy and Transitional Justice After Armed Conflicts ........... 263

Daniel Fitzpatrick and Akiva Fishman

Conclusion: From Periphery to Foreground

289

Dustin N. Sharp

Bibliography

299
Index 325
vii

About the Contributors

Chris Albin-Lackey is a Senior Researcher in the Business and Human Rights

Program at Human Rights

Watch. He carries out research and advocacy on issues related directly to the human rights impacts of global business - especially in the extractives sector - and has also done research highlighting the human rights impact of corruption. Previously, Chris held two different positions in Human Rights Watch's Africa Program, covering Nigeria and the Horn of Africa. He holds a JD from Columbia Law School and a degree in Public Policy from Boston University, and served as a Peace Corps volunteer in Ethiopia and in Madagascar.

Juan Pablo Bohoslavsky

is a so vereign debt expert at the United Nations Conference on Trade and Development (UNCTAD) and Law Professor (on leave) at the National University of Rio Negro, Patagonia Argentina, where he designed and ran an LL.M. in Global Administrative Law. He has studied in Latin American, European, and American universities, having obtained a postdoctoral degree in Law. He has worked as a legal consultant for the United Nations Economic Commission for Latin America and the Caribbean (ECLAC) and Argentinean governments. His scholarship on sovereign �nancing, foreign investment, and human rights has appeared in international refereed journals and publications.

Roger Duthie

is a Senior Associate in the Research Unit at the International Center for Transitional Justice. Since joining the unit in 2004, he has managed multiyear research projects examining how transitional justice relates to forcible displacement and to socioeconomic development. He has also contributed to projects on the reintegration of ex-combatants and vetting measures. His publications include the edited volumes

Transitional Justice and Displacement

(SSRC 2012) and

Transitional Justice and Development

: Making Connections (SSRC 2009) (co-edited with Pablo de Greiff) and articles in the

International

Journal of Transitional Justice

. He has an M.A. from Yale University and a B.A. from Cornell University.

Akiva Fishman

is a second-year student at Ne w York University School of Law where he holds a Root-Tilden-Kern public interest law scholarship. He

About the Contributorsviii

previously worked at the Environmental Law Institute on a book series analyzing natural resource management issues in post-con�ict contexts, and for the Liberian Environmental Protection Agency on reform of the Environmental Impact Assessment regime. He is pursuing a Master's degree in environmental management from the Yale School of Forestry and Environmental Studies in tandem with his J.D.

Daniel Fitzpatrick

is a Professor of La w at the Australian National University. He has been a Global Visiting Professor at New York University School of Law (2011), a Visiting Professor at the National University of Singapore (2006-2009), and a Distinguished Visitor at the University of Toronto (2007). In 2007 he won the Hart Article Prize from the UK Socio-Legal Association. He has published in the Yale Law Journal, the Law and Society Review, and the Yale Journal of International Law. He was the UN's land rights adviser in post-con�ict East Timor (2000) and post-tsunami Indonesia (2005-2006).

Topher L. McDougal

is

Assistant Professor in Economic Development and

Peacebuilding at the Kroc School of Peace Studies at the University of San Diego, CA. He is also a Research Fellow at the Centre on Con�ict, Development, and Peacebuilding (CCDP) at the Graduate Institute for International and Development Studies, Geneva, Switzerland. He has consulted for various organizations including the World Bank, Humanitarian Policy and Con�ict Research (HPCR) International, and the International Rescue Committee (IRC), on private sector development, urban economics, and public �nance in postwar and developing countries. He holds a Ph.D. in International Economic Development from the Massachusetts Institute of Technology.

Sandra S. Nichols

is a senior attorne y at the Environmental Law Institute. She focuses on resource rights, biodiversity, natural resources management, and environmental governance. She is co-Director of the Africa Program and Deputy Director of the Judicial Education Program. Nichols served as legal advisor to the Minister of Justice of Liberia (2012-2013). Prior to ELI, she represented community groups on forest, water, endangered species, pollution, resource extraction, environmental justice, and land-use issues with WildLaw in Montgomery, Alabama. She served as a Peace Corps Volunteer in Côte d fl

Ivoire.

Nichols has a J.D. from the University of Virginia and a B.A. in Earth and

Environmental Science from Wesleyan University.

Naomi Roht-Arriaza

is a Professor of La w at the University of California,

Hastings College of the Law. She is the author of

Impunity and Human Rights

in International Law and Practice (OUP Press 1995) and

The Pinochet Effect:

Transnational Justice in the Age of Human Rights

(Penn Press 2005), and co-editor of Transitional Justice in the Twenty-First Century: Beyond Truth versus

Justice

(Cambridge University Press 2006). She has extensive experience in Latin America. She was a Fulbright Scholar and Visiting Professor at the University of

Botswana during spring 2012.

About the Contributorsix

Dustin N. Sharp is an Assistant Professor at the Kroc School of Peace Studies at the University of San Diego, CA where he teaches courses on transitional justice and international human rights law and advocacy. His recent publications focus on the linkages between post-con�ict peacebuilding and transitional justice. A graduate of Harvard Law School, he formerly served as a researcher at Human Rights Watch, covering Francophone West Africa, and as an Attorney-Advisor at the US Department of State where he advised the Bureau of International Organization Affairs. He was a Peace Corps volunteer in Guinea.

Chandra Lekha Sriram

is a Professor in La w at the University of London, School of Oriental and African Studies. She is author and editor of various books and journal articles on international relations, international law, human rights, and con�ict prevention and peacebuilding, including

Peace as Governance: Power-

Sharing, Armed Groups, and Contemporary Peace Negotiations (Palgrave 2008); Globalizing Justice for Mass Atrocities: A Revolution in Accountability (Routledge

2005); and

Confronting Past Human Rights Violations: Justice Versus Peace in Times of Transition (Frank Cass 2004). She is currently the co-Investigator on an ESRC-NWO project on the Impact of Transitional Justice on Democratic

Institution-building (www.tjdi.org).

Marcelo Torelly

w orks as a Special Advisor at the Brazilian Ministry of Justice and, since 2007, coordinates the Historical Memory area at the Brazilian Amnesty Commission, where he also manages a joint program with UNDP on exchange and development of Transitional Justice policies. He is a Ph.D. candidate and holds a Master's in Legal Sciences from the Brasilia University (UnB) and has also studied at the Ponti�cal Catholic University from Rio Grande do Sul (Brazil), the University of Chile, and the Pablo de Olavide University (Spain). He has published on transitional justice in English, German, Spanish, and Portuguese. xi

Contributors

Chris Albin-Lackey Human Rights Watch, 350 5th Avenue, 34th Floor, New York,

NY 10118, USA, e-mail: albinlc@hrw.org

Juan Pablo Bohoslavsky

United

Nations Conference on

Trade and Development,

Palais desNations, CH 1211 Geneva,

Switzerland, e-mail: pablobohos@gmail.com

Roger Duthie

International

Center for Transitional Justice, 5 Hanover Square,

24th Floor, New York, NY 10004, USA, e-mail: rduthie@ictj.org

Akiva Fishman

NYU School of

Law, New York, NY, USA, e-mail: anf274@nyu.edu

Daniel Fitzpatrick

ANU Colle

ge of Law, Australian National University, ACT

0200, Australia, e-mail: Daniel.Fitzpatrick@anu.edu.au

Topher L. McDougal

Kroc School of Peace Studies, Room IPJ-275, Uni

versity of San Diego, 5998 Alcalá Park, San Diego, CA 92110, USA, e-mail: tlm@sandiego.edu

Sandra S. Nichols

The En

vironmental Law Institute, 2000 L Street, NW 620, Wash ington, DC 20036, USA, e-mail: nichols@eli.org; Sandra.s.nichols@gmail.com

Naomi Roht-Arriaza

Hastings Colle

ge of the Law, 200 McAllister Street, San Francisco, CA 94102, USA, e-mail: rohtarri@uchastings.edu

Dustin N. Sharp

Kroc School of Peace Studies, Uni

versity of San Diego, 5998

Alcala P

ark, San Diego, CA 92110, USA, e-mail: dsharp@sandiego.edu

Chandra Lekha Sriram

School of Oriental and

African Studies, School of Law,

University of London, Thornhaugh Street, Russell Square, London, WC 1H 0XG, UK, e-mail: chandra.sriram@soas.ac.uk; violaine72@yahoo.co.uk

Marcelo Torelly

Ministry of Justice

Amnesty Commission, Esplanada dos

Ministérios, Bloco

T - Palácio da Justiça Raymundo Faoro, Brasília, DF, Brazil, e-mail: mtorelly@yahoo.com.br 1 An increasing consensus has arisen at the level of practice, policy, and theory that the various mechanisms of transitional justice should be mobilized as part of a response to violent con�ict and must serve as a pillar of postcon�ict peacebuild ing. 1 More than ever, the question is not whether there will be some kind of transi tional justice, but what the timing, modalities, and sequencing might be and which of the mechanisms from the transitional justice "toolbox" - including trials, truth commissions, vetting and lustration, reparations, and broader institutionalquotesdbs_dbs26.pdfusesText_32

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