This intensive course explores the legal and other regulatory dimensions of transitions from dictatorships to democracies – from comparative and international perspectives. The course is taught as a short overseas program at a UNSW Law partner in South America, the continent which orginated Transitional Justice as a part of the third wave of democracy, and where everything in the field's toolbox has been attempted and still is being attempted. This course will provide students with unique insight into how transitional justice processes happen on the ground, from critical and comparative perspectives, and taking into account the legal, social and political dimensions of transitional justice. These processes include not only criminal law, constitutional and human rights responses, which are often the focus in transitional justice studies, but also include such fields as comparative law, environmental law, administrative law and other relevant fields. While we anticipate the Latin American experience to be the backbone of the course, that experience will be discussed in contrast with experiences in Africa, Eastern Europe and Southeast Asia.
Topics (non-exhaustive list of possible topics, pending availability of staff and guest speakers at teh partner university):
o Introduction to the Field of Transitional Justice
o Redemocratization and Political Reform in the Context of Transition
o Investigate, Prosecute and Punish: Approaches to the Criminalization of Atrocities in the Aftermath of Transition
o Truth and Reconciliation as an Alternative to Criminal Prosecutions
o Amnesties in Transitional Justice: Between Forgiveness and Oblivion
o The Transplantation of Transitional Justice Models across Jurisdictions
o The Lasting Impact of the Eastern European and African Experiences on Latin American Approaches to Transition
o Strategic Litigation and Transitional Justice
o Social Movements in the Transitional Process: the Roles of NGOs and Faith-Based Organizations
o The Impact of Transition on Public Policy: Environmental Law
o The Economics of Transitional Justice
o The Right to Truth as Part of Transitional Justice
o Cultural Heritage Law, Memorialization and Transition
o The Internationalization of Transitional Justice: the Impact of Regional Human Rights Courts’ Jurisprudence
o The Limits of Transitional Justice: Critical Stock-taking
Preference will be given to students who have not undertaken an overseas course within the UNSW JD.
