Transitional Justice and Forced Migration: Critical Perspectives from the Global South

This volume explores the role of law in transitional justice and mass violence resulting in forced population movements in the Global South, focusing on the experiences of internally displaced peoples, stateless people, warehoused refugees, non-status displaced, and returnees. It challenges the restrictive choices that limit interdisciplinary analysis and calls for a genuine interdisciplinary approach.

Format: Paperback / softback
Length: 332 pages
Publication date: 19 May 2022
Publisher: Cambridge University Press

This comprehensive volume brings together cutting-edge legal scholarship and insightful theories on forced migration, shedding light on the dual role of law in addressing transitional justice and the aftermath of mass violence that leads to forced population movements. Contributors to the book delve into the profound impact of forced migration in the Global South, exploring its far-reaching consequences in contemporary realities. While there has been significant attention given to refugees and asylum seekers fleeing conflict zones, the plight of internally displaced persons (IDPs), stateless individuals, warehoused refugees, non-status displaced, and returnees in the Global South has received less attention. In this volume, a diverse group of scholars challenges the prevailing tendency to confine our understanding of transitional justice to area studies methodologies, advocating for a genuine interdisciplinary approach that connects the traditional subject matter of transitional justice with the realities of forced migration in the Global South.

The book opens with an introductory chapter that provides a comprehensive overview of the legal frameworks and challenges associated with forced migration in the Global South. It highlights the complex interplay between international law, national laws, and regional agreements, as well as the gaps and inconsistencies that exist in these legal frameworks. The chapter also explores the historical roots and drivers of forced migration, including factors such as conflict, climate change, economic development, and human rights violations.

In the subsequent chapters, contributors examine the various legal dimensions of forced migration, including the rights and protections of migrants, the responsibilities of states, and the role of international organizations. They explore issues such as asylum seekers, refugees, statelessness, detention, and repatriation, and discuss the challenges and complexities faced by these individuals and communities. The book also examines the legal implications of forced migration for transitional justice, including the role of legal mechanisms in addressing past human rights violations, promoting accountability, and fostering reconciliation.

One of the key themes of the book is the need for a holistic and interdisciplinary approach to addressing forced migration. Contributors argue that traditional area studies methodologies, which often focus on specific regions or countries, fail to capture the complex and interconnected nature of forced migration. They advocate for a more integrated approach that recognizes the interdependence of different legal systems, social structures, and cultural contexts. The book also highlights the importance of engaging with local communities and grassroots organizations in the development and implementation of legal and policy responses to forced migration.

Another important theme of the book is the impact of forced migration on the lives of individuals and communities. Contributors explore the psychological, social, and economic consequences of displacement, including trauma, loss, and social marginalization. They also examine the challenges faced by migrants in accessing basic rights and services, such as healthcare, education, and employment. The book advocates for policies and practices that prioritize the well-being and dignity of migrants, including the provision of safe and legal migration pathways, access to basic services, and protection against human rights violations.

In conclusion, this comprehensive volume provides a valuable contribution to the field of legal scholarship and theories on forced migration. It sheds light on the complex legal challenges and opportunities that arise in the context of forced population movements. By bringing together a diverse group of scholars from different disciplines, the book advocates for a more interdisciplinary and holistic approach to addressing these issues. It highlights the need for a rights-based and human-centered approach to forced migration, and emphasizes the importance of engaging with local communities and grassroots organizations in the development and implementation of legal and policy responses. The book will be of interest to scholars, policymakers, and practitioners working in the fields of law, migration, and human rights, as well as those interested in interdisciplinary approaches to social and legal studies.

Weight: 494g
Dimension: 153 x 228 x 22 (mm)
ISBN-13: 9781108433129