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20 Seattle J. Soc. Just. 1 (2021-2022)

handle is hein.journals/sjsj20 and id is 1 raw text is: 1

A Tale of Two Rights? The Manifest Functions of
Truth and Reconciliation Commissions and the
Ambivalence Towards Economic, Social, and
Cultural Rights
Cosmas Emeziem*
Transitional justice programs usually implicate economic, social, and
cultural rights because of the interlinked nature of these facets of life in
societies undergoing rapid transitions. For mature democracies, the changes
may not be as rapid as they are for post-conflict or post-authoritarian
societies, but the entanglements of the questions of justice in the social,
economic, and cultural spheres are no less significant. Sometimes, the
struggle for resources and economic opportunities is at the core of conflicts
and human rights violations.1 In the aftermath of these conflicts, many
* Cosmas Emeziem, LL.B., (Nigeria) LL.M., J.S.D. (Cornell). Dr. Emeziem is also a
Barrister and Solicitor of the Supreme Court of Nigeria, and an alumnus of the Hague
Academy of International Law, The Hague, Netherlands. His writings and research sit at
the intersection of International and Comparative Law, Conflict of Laws/Private
International Law, Investment Law, International Institutions, Legal Theory, and
Transitional Justice. Some of his recent publications include the Routledge Handbook of
African Law (Co-edited with Muna Ndulo) (2021), and Covid-19 Pandemic, The World
Health          Organization,         and           Global          Health
Policy, 33 PACE INT'L L. REV. 189 (2021). I thank the Editorial Board for a meticulous
review of this work, and I accept any error of fact or law as absolutely mine.
Ruti Teitel, in a recent work, has reflected on the liability of corporations for economic
rights violations and the failure by the current regime of international law to effectively
hold them accountable. See Ruti Teitel, On Corporate Responsibility, Human Rights, and
Transitional Justice: Quo Vadis? 112 AM. SOC. INT'L L. 324-26 (2018); see generally
Transitional Justice and Economic, Social and Cultural Rights, OFF. UNITED NATIONS
HIGH     COMM'R      FOR     HUM.     RTS.     [UN     OHCHR]      (2014),
https://www.ohchr.org/Documents/Publications/HR-PUB-13-05.pdf
[https://perma.cc/G2G5-WHKZ]; see also E. Cusato, Back to the Future? Confronting the
Role(s) of Natural Resources in Armed Conflict Through the Lenses of Truth and
Reconciliation Commissions, 19 INT'L CMTY. L. REV., 4-5, 373-400 (2017).

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