过渡时期司法中新出现的公司转型

IF 1.9 2区 社会学 Q2 INTERNATIONAL RELATIONS
L. J. Jakobsen
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引用次数: 0

摘要

这篇文章回顾了转型期司法(TJ)学术的最新发展,代表了TJ中新兴的企业转向。传统上,TJ主要关注国家和类似国家的行为体,这一运动与TJ作为一个实践领域的日益标准化密切相关。学者们强调了这种TJ模型的一些局限性,自21世纪初以来,他们一直呼吁有必要将经济行为者纳入TJ系统。这四本书都是在2020年至2022年间出版的,反映了TJ学术运动的新势头。它们都以不同的方式强调了互补的创新机制和创造性的法律组合如何导致并可能导致经济行为者对过去的滥用行为负责。在日益标准化的TJ方法中,企业问责一直是一个盲点,但这种新兴的企业转向代表了创新TJ标准的可能性,将“新”行为者纳入问责主体。然而,所有书籍都表明,这远非一个简单的过程,因为它涉及改变根深蒂固的、僵化的国际法和人权体系,这些体系通常保护经济精英,关注国家。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The emerging corporate turn in transitional justice
This essay reviews recent developments in transitional justice (TJ) scholarship that represent an emerging corporate turn in TJ. TJ has traditionally focused primarily on states and state-like actors, a movement that has gone hand in hand with the increasing standardization of TJ as a field of practice. Highlighting some of the limits to this model of TJ, scholars have since early 2000s been calling for the need to include economic actors in the TJ system. These four books that have all been published between 2020 and 2022 reflect a new momentum for this movement within TJ scholarship. They all highlight, in different ways, how complimentary innovative mechanisms and creative legal combinations have led and can lead to holding economic actors accountable for past abuse. Corporate accountability has been a blind spot in the increasingly standardized approach to TJ, but this emerging corporate turn represents a possibility to innovating the TJ standard to include “new” actors as subjects of accountability. All books, however, also show that this is far from a straightforward process as it involves transforming the deeply engrained and rigid international law and human rights system, which have usually protected economic elites and focused on states.
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来源期刊
CiteScore
4.10
自引率
10.00%
发文量
32
期刊介绍: Published for over 40 years, the aim of Cooperation and Conflict is to promote research on and understanding of international relations. It believes in the deeds of academic pluralism and thus does not represent any specific methodology, approach, tradition or school. The mission of the journal is to meet the demands of the scholarly community having an interest in international studies (for details, see the statement "From the Editors" in Vol. 40, No. 3, September 2005). The editors especially encourage submissions contributing new knowledge of the field and welcome innovative, theory-aware and critical approaches. First preference will continue to be given to articles that have a Nordic and European focus. Cooperation and Conflict strictly adheres to a double-blind reviewing policy.
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