The interplay between peace and justice plays an important role in any contemporary conflict. Peace can be described in a variety ways, as being 'negative' or 'positive', 'liberal' or 'democratic'.... Show moreThe interplay between peace and justice plays an important role in any contemporary conflict. Peace can be described in a variety ways, as being 'negative' or 'positive', 'liberal' or 'democratic'. But what is it that makes a peace just? This book draws together leading scholars to study this concept of a 'just peace', analysing different elements of the transition from conflict to peace.The volume covers six core themes: conceptual approaches towards just peace, macro-principles, the nexus to security and stability, protection of persons and public goods, rule of law, and economic reform and accountability. Contributions engage with understudied issues, such as the pros and cons of robust UN mandates, the link between environmental protection and indigenous peoples, the treatment of illegal settlements, the feasibility of vetting practices, and the protection of labour rights in post-conflict economies. Overall, the book puts forward a case that just peace requires not only negotiation, agreement, and compromise, but contextual understandings of law, multiple dimensions of justice, and strategies of prevention. Show less
The EastAfrican Community (EAC) is a regional intergovernmental and supranationalorganizationcurrently comprising the Republics of Burundi, Kenya,Rwanda,South Sudan, the United Republic of Tanzania... Show moreThe EastAfrican Community (EAC) is a regional intergovernmental and supranationalorganizationcurrently comprising the Republics of Burundi, Kenya,Rwanda,South Sudan, the United Republic of Tanzania, and the Republic ofUganda.Established in 2000, the EAC aims at widening and deepening cooperationamong itsPartner States in, among others, political, economic andsocialfields.Theorganization has established a Customs Union (2005) and a CommonMarket(2010), and is in the process of establishing a Monetary Union. Itsultimateobjective is to establish a complete political (con)federation. Itemphasizesstrong participation of the private sector and civil society. Theaccomplishmentof these objectives requires an elaborate and functionallypurposedinstitutionalframework.The EACaims at far deeper integration than envisioned by its predecessor,whilstsimultaneously avoiding the mistakes that led to the failure of previousattempts atEast African integration. Important safeguards include a gradualapproach tointegration and guarantees to ensure an equitable division of thebenefits ofintegration.There is ageneral consensus that the European Union (EU) was an importantsource ofinspiration and provided a normative model for the EAC. Indeedthe EACTreaty and the Protocols have adopted and adapted significant partsof the EU’sinstitutional and legal framework. The normative appeal of the EUin thisregard can also be readily understood. Despite all the past and presentfailuresand challenges facing the EU, no objective observer can deny the benefitsof Europeanintegration in terms of peace, stability and prosperity. Whatstarted 60years ago as a Community between six Member States in a Europedestroyedby two world wars has now developed into the most peaceful andprosperousblock in the world.Consequently,there are lessons to be learned from the European experience,includingthe crucial role of the law and of lawyers in the process of integration,be theyjudges, lawmakers, civil servants, academics or practitioners.The law isone of the most powerful and indispensable instruments to achievetrueintegration, as effective integration requires some form of supranationallegalsystem. That is what we mean by “Integration through law”. Awareness ofthepossibilities the law offers, therefore, is extremely important for any formof regionalintegration. The mainchallenges facing the EAC today in this regard are how to safeguardthe qualityof the increasing body of Community law, how to monitor compliance,and how tomake EAC law binding and enforceable within national legalsystems.All of these are challenges that the EU has faced in the past and isstillfacing, and where both the success and the failures of the EU may be ofcomparativeuse to the EAC, certainly considering the many similarities in theinstitutionaland legal framework of both and the similarities of the challengesfaced. The mainpurpose of this book, initiated by the Leiden Centre for theComparativeStudy of EAC law (LEAC) in close cooperation with Hon. JusticeDrUgirashebuja, the current President of the East African Court of Justice, isto be asource of information and education for all those involved in shaping,improvingand studying integration in the EAC. By comparing each aspect ofbothinstitutional and substantive EAC law with its nearest counterpart EU law,we hope tohave created a vital tool to better understand and move forward theintegrationprocess in East Africa. Consideringthese aims, we are proud that, thanks to the generous support ofthe lawfirm Allen & Overy LLP, the European Union and the Europa Instituteof theUniversity of Leiden, this book will not just be available in printed formbut willalso be freely available online via a completely Open Access agreementwith BrillPublishers. Show less
