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• Islam and political development
• Explaining civic passivity, illiberalism, and lawlessness
• Non-governmental organizations under Islamic Law
• The political impotence of Islamic Waqfs
• Waqf corruption and its degradation of civic life
• The Islamic Waqf's long civic shadows
• Religious freedoms in Islamic history
• Marginalization of Islam
• Resurgence of assertive Islamism
• Religious diversification, in fact and in law
• The absence of liberal schisms
• Unshackled states, shallow economic governance
• Politically powerless entrepreneurs and enterprises
• Islamism's missed opportunities to promote liberalisms
• Islamic institutions and Muslim freedom.

"Freedoms Delayed is written for educated readers interested in the deep historical forces that account for the Middle East's poor record on basic human freedoms. It shows that the region's traditional institutions are critical to both understanding its political history and identifying its potential for liberalization on various fronts"-- Provided by publisher.

• 1. Introduction to Environment and Environmental Law
• 2. Sources of Environmental Law in Arab States
• 3. Administration of Environmental Law in Arab States
• 4. Values and Principles of Environmental Law and their Application in Arab States
• 5. Environmental Planning and Assessments
• 6. Construction and Town Planning
• 7. Air Pollution and Control
• 8. Water Regulation and Management
• 9. Hazardous Substances and Waste Management
• 10. The Conservation of Nature and Cultural Heritage
• 11. International Economic Law and the Environment
• 12. Human Rights and the Environment
• 13. Low Carbon Energy Transition, Green Growth, and the Future of Environmental Law in Arab States.

Taking an international and comparative approach, the book introduces readers to the latest developments of environmental law across the Arab region through applicable legislation, green finance, and climate technologies The impact of these is assessed in each of the major areas of environmental regulation, air pollution, water pollution, biodiversity, conservation of nature and cultural heritage, infrastructure development, and Islamic ecology. Consideration is given to participatory and bottom-up legal strategies {u2013} focusing on transparency, accountability, gender justice, and other human rights safeguards {u2013} that are needed to achieve greater coherence and coordination in the implementation and enforcement of environmental regulation across the region. The book closes by providing legal assessments and reflections on how Arab countries can, through clear and comprehensive legislation, advance existing national strategies and visions on trade and investment, green growth, Islamic green finance, circular economy, blue economy, and low carbon future amongst others.

• Islam and political development
• Explaining civic passivity, illiberalism, and lawlessness
• Non-governmental organizations under Islamic Law
• The political impotence of Islamic Waqfs
• Waqf corruption and its degradation of civic life
• The Islamic Waqf's long civic shadows
• Religious freedoms in Islamic history
• Marginalization of Islam
• Resurgence of assertive Islamism
• Religious diversification, in fact and in law
• The absence of liberal schisms
• Unshackled states, shallow economic governance
• Politically powerless entrepreneurs and enterprises
• Islamism's missed opportunities to promote liberalisms
• Islamic institutions and Muslim freedom

"Freedoms Delayed is written for educated readers interested in the deep historical forces that account for the Middle East's poor record on basic human freedoms. It shows that the region's traditional institutions are critical to both understanding its political history and identifying its potential for liberalization on various fronts"-- Provided by publisher

• al-Mujallad al-awwal. 1936-1992
• al-mujallad al-thānī. 1993-2000
• al-mujallad al-thālith. 2001-2003
• al-mujallad al-rābiʻ. 2004-2006
• al-mujallad al-khāmis. 2007-2009
• al-mujallad al-sādis. 2010-2011
• al-mujallad al-sābiʻ. 2012-2013
• al-mujallad al-thāmin. 2014-2015
• al-mujallad al-tāsiʻ. 2016
• al-mujallad al-ʻāshir. 2017
• al-mujallad al-ḥādī ʻashar. 2018. al-mujallad al-thānī ʻashar. 2019. al-mujallad al-thālith ʻashar, al-rābiʻ ʻashar, al-sādis ʻashar 2020

• Introduction : Family Law and Genderin the Middle East after the Arab Spring / Adrien Katherine Wing & Hisham Kassim
• Sustained Reforms : Family Law in Tunisia / Mounira M. Charrad and Hyun Jeong Ha
• Family Law in Egypt / Nathalie Bernard- Nathalie
• Women's Rights in the Moroccan Family Code : Caught Between Change and Continuity / Stephanie Willman Bordat and Saida Kouzzi
• Postponing Equality in the Algerian Family Code / Stephanie Willman Bordat and Saida Kouzzi
• Juristic and Legislative Rulemaking : A History of the Personal Status Code of Iraq, 1959-2020 / Haider Ala Hamoudi
• The Syrian Law of Personal Status : Spirit & Application / Ghimar Deeb and Mai Massoud
• The Status of Muslim Women in the Mosaic of Islamic Family Law in Lebanon / Nada Ammar
• In Circles We Go : A Brief Historical Overview of the Jordanian Personal Status Law / Sara Ababneh
• The Palestinian Minority in Israel / Michael Moussa Karayanni
• Personal Status Law in Palestine / Jonathan Kuttab and Adrien Wing
• Qatari Family Law : When Custom Meets Shariʻa / Lina M. Kasse.

"The book serves as reference point for anyone interested in the Middle East and North Africa as well as for those interested in women's rights and family law, generally or in the MENA region. Only book covering personal status codes of nearly a dozen countries"-- Provided by publisher.

• Introduction / Daisy Cheung, Michael Dunn & Richard Huxtable
• Advance Directives in Israel / Miriam Bentwich
• Advance Medical Directives in Singapore : a faltering policy for end-of-life care? / Tracey Evans Chan
• South Korea's End-of-life Care Decisions Act : law for better end-of-life care / Ilhak Lee
• The law and practice of Advance Directives in Taiwan / Daniel Fu-Chang Tsai
• Advance Directives : the Thai context / Thitinant Tengaumnuay
• Advance Directives in India : seeking the individual within the community / Kelly Amal Dhru & Ravindra Ghooi
• The proposed new law on Advance Directives in Hong Kong : a piecemeal attempt at codification? / Daisy Cheung & Rebecca Lee
• The law and practice of Advance Directives in the Islamic Republic of Iran / Zain Abbas Syed, Ehsan Shamsi-Gooshki & Alireza Parsapoor
• The law and practice of Advance Directives and end-of-life care in Malaysia / Sharon Kaur, Thomas Tan Hooi Wang, Jenny Yau & Richard Boon Leong Lim
• Advance Directives in the Philippines : in search of a legal framework / Leonardo D. de Castro, Renato B. Manaloto & Alexander Atrio L. Lopez
• Advance Directives and the Turkey context / Yesim Isil Ulman
• Advance Directives in China's mainland : an emerging framework? / Bo Chen
• Guideline-based approach to end-of-life care decisions in Japan : practice, regulation and the place of Advance Directives / Reina Ozeki-Hayashi, Futoshi Iwata, Satoshi Kodama & Miho Tanaka
• Advance Directives in Macao : not legally recognised, but... / Vera Lúcia Raposo & Man Teng Iong
• Advance Directives in Pakistan : religious, cultural and social influences / M. Asim Beg, Erfan Hussain, Noshin Khan, Asma Hamid & Atif Waqar
• Advance Directives in Saudi Arabia : an Islamic approach and practical implications / Ghaiath Hussein & Abdullah Adlan
• Advance Directives in Asia : "towards generative accommodation" / Daisy Cheung & Michael Dunn

• Introduction Daisy Cheung, Michael Dunn and Richard Huxtable
• Part I. Well-Regulated Jurisdictions: 1. Advance directives in Israel Miriam Bentwich
• 2. Advance medical directives in Singapore: a faltering policy for end-of-life care? Tracey Evans Chan
• 3. South Korea's end-of-life care decisions act: law for better end-of-life care Ilhak Lee
• 4. The law and practice of advance directives in Taiwan Daniel Fu-Chang Tsai
• 5. Advance directives: the Thai context Thitinant Tengaumnuay
• 6. Advance directives in India: seeking the individual within the community Kelly Amal Dhru and Ravindra Ghooi
• Part II. Semi-Regulated Jurisdictions: 7. The proposed new law on advance directives in Hong Kong: a piecemeal attempt at codification? Daisy Cheung and Rebecca Lee
• 8. The law and practice of advance directives in the Islamic Republic of Iran Zain Abbas Syed, Ehsan Shamsi-Gooshki and Alireza Parsapoor
• 9. The law and practice of advance directives and end-of-life care in Malaysia Sharon Kaur, Thomas Tan Hooi Wang, Jenny Yau and Richard Boon Leong Lim
• 10. Advance directives in the Philippines: in search of a legal framework Leonardo D. de Castro, Renato B. Manaloto and Alexander Atrio L. Lopez
• 11. Advance directives and the Turkey context Yesim Isil Ulman
• Part III. Non-Regulated Jurisdictions: 12. Advance directives in China's mainland: an emerging framework? Bo Chen
• 13. Guideline-based approach to end-of-life care decisions in Japan: practice, regulation and the place of advance directives Reina Ozeki-Hayashi, Futoshi Iwata, Satoshi Kodama and Miho Tanaka
• 14. Advance directives in Macao: not legally recognised, but... Vera Lucia Raposo and Man Teng Iong
• 15. Advance directives in Pakistan: religious, cultural and social influences M. Asim Beg, Erfan Hussain, Noshin Khan, Asma Hamid and Atif Waqar
• 16. Advance directives in Saudi Arabia: an Islamic approach and practical implications Ghaiath Hussein and Abdullah Adlan
• Advance directives in Asia: towards 'generative accommodation' Daisy Cheung and Michael Dunn
• Index.
• (source: Nielsen Book Data)

This book is the first to consider comprehensively and systematically the law and practice of advance directives across Asia. It will thus be important not only as a reference volume that documents how advance directives are regulated and used throughout Asia, but also as an exploration of the concept of the advance directive itself, in context. By examining how advance directives operate in Asian countries, we will also shed light on the principle of personal autonomy in this context, alongside other values and religious and socio-cultural factors that shape health and care decision-making. As such, this book will have broad appeal not only to Asian scholars, students, policymakers and practitioners in the fields of health law and ethics and end-of-life care more generally, but will also be of wider interest to an international academic audience in the fields of law, ethics and health and social care research. This title is also available as open access on Cambridge Core.
(source: Nielsen Book Data)

• Introduction: From revolution to devolution? / Aslı Ü. Bâli and Omar M. Dajani
• Decentralization to manage identity conflicts / Philip G. Roeder
• Devolution and the promotion (or evasion) of minority rights / Will Kymlicka
• Constitutional design options for territorial cleavages in the Middle East / Tom Ginsburg
• How decentralization efforts have recentralized authority in the Arab World / Mona Harb and Sami Atallah
• Decentralization, ideology, and law in the Islamic Republic of Iran / Kian Tajbakhsh
• Salvaging state legitimacy in Iraq through decentralization / Ali Al-Mawlawi
• Decentralization reforms in post-revolution Tunisia : the struggle between political and bureaucratic elites / Intissar Kherigi
• Autonomy beyond the state / Joost Jongerden
• The devil is in the details : Iraqi Kurdistan's evolving autonomy / Peter Bartu and Aidan MacEachern
• Turkish Kurdistan : decentralization reimagined / Aslı Ü. Bâli
• Control, responsibility, and the Israeli-Palestinian decentralization debacle / Sari Bashi
• 'Stuck together' : can a two-state confederation end the Israeli-Palestinian conflict? / Omar M. Dajani and Dahlia Scheindlin
• 'Dans ses frontières authentiques'? : Morocco's advanced regionalization and the question of Western Sahara / Omar Yousef Shehabi
• Devolution and federalism in collapsed states : constitutional process and design / George R.M. Anderson and Sujit Choudhry
• The Promise - and limits - of stabilization through local governance in Libya / Karim Mezran and Elissa Miller --Decentralization in state disintegration : an examination of governance experiments in Syria / Samer Araabi and Leila Hilal
• Decentralization in Yemen : the case of the Federalist Draft Constitution of 2015 / Benoît Challand
• Federalism and decentralization in the MENA region : types and trajectories / Aslı Ü. Bâli and Omar M. Dajani.

This volume, the first of its kind in the English language, examines the law and politics of federalism and decentralization in the Middle East and North Africa. Comprised of eleven case studies examining the experience across the region, together with essays by leading scholars providing comparative and theoretical perspectives and a synthetic conclusion by the co-editors, the volume offers a textured portrait of the dilemmas of decentralization during a period of sweeping transition in the region. The collection addresses an important gap in the comparative decentralization literature, which has largely neglected the MENA region. Both retrospective and forward-looking in orientation, the book is a valuable resource not only for scholars of comparative politics, constitutional design, and Middle East studies, but also for policy makers evaluating the feasibility and efficacy of decentralization as a vehicle for improving governance and responding to identity conflict in any part of the world.

• Introduction: ISIS as the Expression of a Legal Order
• 1. About ISIS
• 2. About Shari'a
• 3. Shari'a and ISIS
• 4. No Law but Islam: A Theory of Exclusivity
• 5. No Single Rule Left Out: Integrally Shari'a
• 6. Voting on God's Will: Immediateness and Mediation
• 7. Striving on the Straight Path: Jihad
• 8. A New Land of Islam: Reestablishing the Caliphate
• 9. Reinventing Spatiality: A Return to Universalism Conclusion: ISIS Between Shari'a and Globalization.
• (source: Nielsen Book Data)

This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS' dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS' possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS' own legal awareness, based on the group's literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.
(source: Nielsen Book Data)

• Structure of the Book 1. Transitional Justice between International Law and Local Norms I. Introduction II. Problematising the Normative Framework of Transitional Justice A. A Merger of Legal Regimes, Soft Law and Normative Practices B. The Normativity of How Transitional Justice is Understood C. Transitional Justice as Legal Turmoil III. The Formal Sources of Transitional Justice: International Law A. International Humanitarian Law B. International Criminal Law C. International Human Rights Law IV. The Local Normative Sources of Transitional Justice A. The Shift to Local Transitional Justice: Opportunities and Challenges B. Religious Norms, Actors and Transitional Justice V. Conclusion
• 2. Localising the International Law Framework of Transitional Justice in Muslim-Majority Societies: Theoretical and Methodological Considerations I. Introduction II. Translating the International Paradigm of Transitional Justice into Local Settings: Concepts and Theoretical Considerations A. The International Framework of Transitional Justice through the Lens of Legal Pluralism B. Bridging Global and Local: Law, Culture and Society C. 'Seeing' the Relevant Laws in Pluralistic TJ: Borrowing the Tools of Comparative Legal Studies III. Understanding Local Settings in the Development of a Global Paradigm of Transitional Justice: Methods A. Comparative Law between Creative Thinking and Questionable Legacies B. The Theory of Legal Formants Meets the Localisation of Transitional Justice C. Comparative Law for Developing International Law and the Global Paradigm of Transitional Justice IV. Conclusion
• 3. Legal Truths, Judicial Rituals and Transitional Justice I. Introduction II. Truth Seeking and Transitional Justice: Issues, Ambitions and Limitations A. Legal/Legalised Truth-Seeking Mechanisms 3 B. The Product of Legal/Legalised Truth-Seeking Mechanisms III. Interpreting Legal Truth in Transitional Justice A. The Construction and Limits of Legal Truths B. Stakeholders of the Legal Truth IV. Legal Truths between Collective Memories and Performances of Transitional Justice A. Ritual Performances, Legal Masks and Truth Seeking V. Conclusions 4. The Right to Truth in International Law I. Introduction II. The Emergence of the Right to Truth A. IACHR Contributions to the Right to Truth B. ECHR Contributions to the Right to Truth III. The Status of the Right to Truth in International Law A. The Right to Truth and Customary International Law B. The Right to Truth and General Principles C. The Right to Truth as a Reiterated 'Performative Utterance' in International Law IV. Conclusion
• 5. Islamic Law in the Legal Systems of Muslim-Majority Societies I. Introduction II. Islamic Law in Context: Divine Normativity in this World A. Sources of Islamic Law B. Objectives of Islamic Law (Maqasid as-Shari'ah) and Maslaha III. The Manifestations and Jurisprudential Evolutions of Islamic Law: Human Efforts A. The Role of Jurists (Judiciary, the Juristic Schools and the Jurisprudents) IV. Islamic Law and International Law: Foundations for Transitional Justice Truth Seeking A. The Overlap of Substantive Justice Aims of Islamic Law and ICL/IHRL B. The Convergence of Procedural Standards of Islamic Law and ICL/IHRL V. Conclusion
• 6. Transitional Truth Seeking and the Right to Truth in Muslim-Majority Legal Systems I. Introduction II. Truth Seeking: From International Law to Islamic Law A. Adjudication as Truth Seeking B. Extrajudicial Mechanisms for Truth Seeking III. The Production of Legal Truths in Muslim-Majority Societies: Historic Practice, Moral Imperatives, and Contemporary Applications A. Compiling Legal Truths in Historic Islamic Legal Practice B. Bridging the Tension between Legal Truths and Historical/Factual Truths in Islamic Law: The Spiritual Imperatives of Convergence C. Contested Truths and Collective Memories: Recent Examples in Muslim-Majority States IV. Right to Truth in Islamic Law and Jurisprudence A. Key Violations: Torture, Extrajudicial Killings and Forced Disappearance B. Individual and Collective Dimensions of the Right to Truth C. State (Authority) Duty to Investigate V. Conclusion Conclusion How Islamic Law Can Embed and Develop Transitional Truth Seeking.
• (source: Nielsen Book Data)

With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.
(source: Nielsen Book Data)

• Introduction
• Part I. The Uprising: 1. Tunisia
• 2. Egypt
• 3. Yemen
• 4. Libya
• 5. Jordan, Morocco, Sudan, Algeria
• Part II. Revolution: 6. Purpose
• 7. The Individual
• 8. Government
• 9. Process Design
• 10. External Assistance.
• (source: Nielsen Book Data)

After the 2011 uprisings started in Tunisia and swept across the Arab region, more than a dozen countries amended their constitutions, the greatest concentration of constitutional reform processes since the end of the Cold War. This book provides a detailed account and analysis of all of these developments. Individual accounts are provided of eight different reform processes (including Tunisia, Egypt, Libya, Yemen and Sudan), with particular focus on the historical context, the political dynamics, the particular process that each country followed and the substantive outcome. Zaid Al-Ali deconstructs the popular demands that were made in 2011 and translates them into a series of specific actions that would have led to freer societies and a better functioning state. A revolution did not take place in 2011, but it is inevitably part of the region's future and Arab Constitutionalism explores what that revolution could look like.
(source: Nielsen Book Data)

• Introduction
• Part I. The Uprising: 1. Tunisia
• 2. Egypt
• 3. Yemen
• 4. Libya
• 5. Jordan, Morocco, Sudan, Algeria
• Part II. Revolution: 6. Purpose
• 7. The Individual
• 8. Government
• 9. Process Design
• 10. External Assistance.
• (source: Nielsen Book Data)

After the 2011 uprisings started in Tunisia and swept across the Arab region, more than a dozen countries amended their constitutions, the greatest concentration of constitutional reform processes since the end of the Cold War. This book provides a detailed account and analysis of all of these developments. Individual accounts are provided of eight different reform processes (including Tunisia, Egypt, Libya, Yemen and Sudan), with particular focus on the historical context, the political dynamics, the particular process that each country followed and the substantive outcome. Zaid Al-Ali deconstructs the popular demands that were made in 2011 and translates them into a series of specific actions that would have led to freer societies and a better functioning state. A revolution did not take place in 2011, but it is inevitably part of the region's future and Arab Constitutionalism explores what that revolution could look like.
(source: Nielsen Book Data)

• Front Cover; Title Page; Copyright; Dedication; Contents; List of Tables and Figures; Acknowledgements; Introduction; Part I Theoretical Foundations;
• 1. The Nature of the Problem;
• 2. Realist Perspectives;
• 3. Liberal Perspectives;
• 4. A Bargaining Framework for International Water Rights; Part II Case Study;
• 5. Bargaining for Water Rights in the Euphrates and Tigris Watercourse; Conclusion; Notes; Bibliography.

Transboundary watercourses account for an estimated 60 per cent of global freshwater flow and support the livelihoods of hundreds of millions of people worldwide. Yet the indeterminate status of water rights in many international watercourses presents a problem and many attempts to resolve water rights issue have failed. Knowing how and where negotiations fail is essential if successful resolution is to be achieved. Muserref Yetim's important book seeks to illustrate a means to the peaceful resolution of natural resource based conflicts. Through a detailed study of the Tigris-Euphrates water conflict, involving Turkey, Syria and Iraq, countries of vital security interest to the world at large, the author clarifies the collective action dilemmas confronting Middle Eastern watercourses and reveals the bargaining bottlenecks where negotiations fail. She develops an original framework that explains bargaining failures and proposes conditions for creating a new property rights regime among watercourse states that offers a route to governing their shared water resources in ways that are politically, economically and environmentally sound. In almost all water scarce regions, international water resources are subject to intense unilateral exploitation in a highly competitive fashion. And as demand for freshwater continues to increase, through increasing urbanization and the continuing development of societies, so the issue of how such shared water resources can best be governed is becoming vitally important. Negotiating International Water Rights offers both a timely contribution to a matter of international concern and important insights into resource conflict in countries of vital security interest to the world at large.
(source: Nielsen Book Data)

• 1. Introduction Significance of the Arab Regio4 Significance of Pre-transition Decisions Regarding Prosecution The Arab Region: Rethinking Transitional Justice Scholarship The Absence of a 'Return to a Liberal State' The Necessity of Pre-existing Democratic Institutions Critical Transitional Justice Literature Socio-economic Accountability and Transitional Justice Transitional Justice and the Arab Spring: Emerging Scholarship Methodology Challenges An Expanded Definition of 'Political Leaders' Case Selection Structure of the Book Conclusion
• 2. Egypt Summary of Post-2011 Prosecutions The Prosecution of Political Leaders in Pre-transition Egypt Content and Extent of Prosecutions in Post-transition Egypt A Military-Controlled Transition Egypt's Judicial Struggle for Independence Other Legal Challenges to Prosecutions of Political Leaders Popular Demands for Accountability Prosecutions: A Scapegoating Strategy The Socio-economic Roots of the Transition The Role of Workers' Movements and Labour Unions The Role of International Actors The Role of Domestic Human Rights Civil Society Organisations Conclusion Triggers Drivers Shapers
• 3. Tunisia The Prosecution of Political Leaders in Pre-transition Tunisia The Baraket Essahel Case: The Prosecution of Abdallah Qallel The Case of General Habib Ammar The Khaled Ben Said Case Content and Extent of Prosecutions in Post-transition Tunisia A Transition Muddled by the Anciens Nouveaux Workers' Movements and Labour Unions: The Leading Role of the UGTT Legal Challenges The Role of International Actors The Role of Domestic Civil Society Conclusion Triggers Drivers Shapers
• 4. Libya Case 630/2012-The Trial of 37 Former Members of the Gaddafi Regime The Prosecution of Political Leaders in Pre-transition Libya The Search for Accountability for Abu Salim Politicised Courts and the Prioritisation of 'Security' Content and Extent of Prosecutions in Post-transition Libya A Weak Judiciary Under Threat The Role of International Actors The Role of Domestic Civil Society Conclusion Triggers Drivers Shapers
• 5. Yemen The Prosecution of Political Leaders in Pre-transition Yemen The Decision Not to Prosecute in Yemen An Ambiguous Transition, Civil Society and Navigating the GCC Initiative 'A Different Kind of International Intervention': Geopolitics and the Role of International Actors Legal Challenges and a Weak Judiciary Content and Extent of Decisions Regarding Prosecution Conclusion Triggers Drivers Shapers
• 6. Reckoning with Transitional Justice Egypt Tunisia Libya Yemen Non-paradigmatic Transitions Whose Transitional Justice? Domestic and International Advocates of Competing Visions of Transitional Justice Limited Accountability and Foregrounding Social Justice The Content and Extent of Decisions Regarding Prosecution: A Recap Rethinking Transitional Justice Theory and Practice The Legacy of Deep State Institutions Morocco: Transitional Justice for a Quasi-transition? Conclusion
• 7. Conclusion.
• (source: Nielsen Book Data)

The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.
(source: Nielsen Book Data)

• Preface / M. Cherif Bassiouni
• Introduction
• The sources and methods of application of human rights
• Islamic Sharia law as key legal context of the Arab Charter
• A theory of human rights
• An Arab regional instrument for human rights : the Arab Charter on Human Rights
• An evaluation of substantive human rights protections in the Arab charter
• An evaluation of the procedural human rights protections through the existing Arab Committee
• Recommendations for a reformed Arab Committee on Human Rights based on a comparison with the African Commission on Human and Peoples' Rights
• An Arab court of human rights based on a comparison with the European Court of Human Rights
• Conclusion