Papers by Alice M Panepinto
The concept of a right to the truth is increasingly utilised in different settings to empower vic... more The concept of a right to the truth is increasingly utilised in different settings to empower victims and societies to find out about past abuses linked to conflict or authoritarianism. Since the last comprehensive study of this topic in 2006, there has been little attempt to draw together the advancements of fragmented practices. Recent developments in European human rights call for a fresh analysis of the right to the truth as a freestanding principle linked to, but separate from, the state duty to investigate. This paper takes stock of the more recent evolutions of the right to the truth and contributes to its independent conceptualisation. The first part investigates whether there is growing consistency between the Inter-American and European human rights systems around the contours of the right to the truth, as linked to survivors’ right to know the past and to access justice (make claims) as an individual and collective matter. The second part broadens the discussion to the status of the right to the truth under international law in light of the ECHR jurisprudence, and considers whether the available legal categories are suited to its formalisation.
In the context of prolonged occupation, it has long been argued that the Israeli Supreme Court (I... more In the context of prolonged occupation, it has long been argued that the Israeli Supreme Court (ISC), in High Court of Justice (HCJ) formation, is facilitating the entrenchment of a permanent regime of legalized control by moving away from a model of exception to ordinary civilian jurisdiction over the West Bank. This was recently demonstrated in the Khan-al-Ahmar case, in which a group of settlers petitioned the ISC/HCJ demanding the execution of a pending Israeli demolition order over a school in a Bedouin village in Palestine. The court sided with the army, deferring to a political solution for the transfer of the entire Bedouin community elsewhere. Drawing on existing scholarship and the author’s first-hand impressions of the final hearing, this article interprets the Khan-al-Ahmar case as an illustration of how the exceptional military nature of the occupation has shifted to a permanent regime of legalized control overseen by an ordinary civilian court.
Societies facing a past of gross human rights violations during authoritarianism, conflict or oth... more Societies facing a past of gross human rights violations during authoritarianism, conflict or other forms of violence have sought to creatively design and implement means to address that suffering, often with the participation of international actors. Law, including international law and local conceptions of justice, may provide means for victims and societies as a whole to address the past and set out a more just future, based on human rights, a decent standard of living, freedom from violence and the possibility to participate in the governance of one’s community. In addition to specific mechanisms, such as trials, truth commissions, lustrations, amnesties, memorialisations, institutional reform and constitutional adjustments (to name a few), the distinctive force of transitional justice is its potential to uncover and challenge the past to rebuild the future...
Book chapter in edited collection/conference proceedings: Ahmed Khalifa (Ed) La Justice Transitio... more Book chapter in edited collection/conference proceedings: Ahmed Khalifa (Ed) La Justice Transitionnelle, Actes du 2e Symposium des Jeunes Pénalistes, Association Internationale de Droit Pénal/International Association of Penal Law, La Rochelle (France) 29 septembre - 1er octobre 2011 (Éditions érès 2013)
Book Proposals by Alice M Panepinto
Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, tran... more Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of other areas. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications.
This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise.
The volume is edited by Daniel S. Margolies (Professor of History, Virginia Wesleyan University), Umut Özsu (Assistant Professor of Law and Legal Studies, Carleton University), Maïa Pal (Senior Lecturer in International Relations, Oxford Brookes University), and Ntina Tzouvala (Postdoctoral Fellow in International Law, University of Melbourne).
Contributors include Ellen Gutterman (Associate Professor of Political Science at Glendon College, York University), John Haskell (Senior Lecturer in Law, University of Manchester), Richard S. Horowitz (Professor of History, California State University, Northridge), Daniel S. Margolies (Professor of History, Virginia Wesleyan University), Kate Miles (Fellow and Lecturer in Law, Gonville and Caius College, University of Cambridge), Maïa Pal (Senior Lecturer in International Relations, Oxford Brookes University), Alice M. Panepinto (Lecturer in Law, Queen’s University Belfast), Austen L. Parrish (Dean and James H. Rudy Professor of Law, Indiana University), Sara L. Seck (Associate Professor of Law, Dalhousie University), Péter D. Szigeti (Assistant Professor of Law, University of Alberta), Mai Taha (Assistant Professor of Law, American University in Cairo), Ntina Tzouvala (Postdoctoral Fellow in International Law, University of Melbourne), and Ezgi Yildiz (Postdoctoral Researcher in Political Science and International Relations, Graduate Institute of International and Development Studies, Geneva).
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Papers by Alice M Panepinto
Book Proposals by Alice M Panepinto
This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise.
The volume is edited by Daniel S. Margolies (Professor of History, Virginia Wesleyan University), Umut Özsu (Assistant Professor of Law and Legal Studies, Carleton University), Maïa Pal (Senior Lecturer in International Relations, Oxford Brookes University), and Ntina Tzouvala (Postdoctoral Fellow in International Law, University of Melbourne).
Contributors include Ellen Gutterman (Associate Professor of Political Science at Glendon College, York University), John Haskell (Senior Lecturer in Law, University of Manchester), Richard S. Horowitz (Professor of History, California State University, Northridge), Daniel S. Margolies (Professor of History, Virginia Wesleyan University), Kate Miles (Fellow and Lecturer in Law, Gonville and Caius College, University of Cambridge), Maïa Pal (Senior Lecturer in International Relations, Oxford Brookes University), Alice M. Panepinto (Lecturer in Law, Queen’s University Belfast), Austen L. Parrish (Dean and James H. Rudy Professor of Law, Indiana University), Sara L. Seck (Associate Professor of Law, Dalhousie University), Péter D. Szigeti (Assistant Professor of Law, University of Alberta), Mai Taha (Assistant Professor of Law, American University in Cairo), Ntina Tzouvala (Postdoctoral Fellow in International Law, University of Melbourne), and Ezgi Yildiz (Postdoctoral Researcher in Political Science and International Relations, Graduate Institute of International and Development Studies, Geneva).
This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise.
The volume is edited by Daniel S. Margolies (Professor of History, Virginia Wesleyan University), Umut Özsu (Assistant Professor of Law and Legal Studies, Carleton University), Maïa Pal (Senior Lecturer in International Relations, Oxford Brookes University), and Ntina Tzouvala (Postdoctoral Fellow in International Law, University of Melbourne).
Contributors include Ellen Gutterman (Associate Professor of Political Science at Glendon College, York University), John Haskell (Senior Lecturer in Law, University of Manchester), Richard S. Horowitz (Professor of History, California State University, Northridge), Daniel S. Margolies (Professor of History, Virginia Wesleyan University), Kate Miles (Fellow and Lecturer in Law, Gonville and Caius College, University of Cambridge), Maïa Pal (Senior Lecturer in International Relations, Oxford Brookes University), Alice M. Panepinto (Lecturer in Law, Queen’s University Belfast), Austen L. Parrish (Dean and James H. Rudy Professor of Law, Indiana University), Sara L. Seck (Associate Professor of Law, Dalhousie University), Péter D. Szigeti (Assistant Professor of Law, University of Alberta), Mai Taha (Assistant Professor of Law, American University in Cairo), Ntina Tzouvala (Postdoctoral Fellow in International Law, University of Melbourne), and Ezgi Yildiz (Postdoctoral Researcher in Political Science and International Relations, Graduate Institute of International and Development Studies, Geneva).