¹ Defined by the United Nations as “the full range of processes and mechanisms associated with a society's attempts to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation.” Transnational Justice, United Nations Rule of Law, available at: http://www.unrol.org/article.aspx?article id=29 (last accessed: 23 December 2011).Google Scholar

² See Wu, Aaron, The Mythology of Transition, Transformation and Development, Unpublished working paper (2009) available at http://ssrn.com/abstract=1567250 (last accessed: 23 December_2011): “The fields ostensibly share discourses of responsibility, transparency and accountability; foundations in Christianity and the Enlightenment; and combine a rationalistic and technocratic approach with a utopian vision of the future”.Google Scholar

³ Some authors, for example, have made reference to the tension between the forward-looking economic goals of growth, development, and investment, and the backward-looking trials and truth commissions.” See Tricia D. Olsen, Andrew g. Reiter & Eric Wiebelhaus-Brahm, Taking Stock: Transitional Justice and Market Effects, Unpublished paper prepared for the 2010 Midwest Political Science Association Annual Meeting (2010), available at http://ssrn.com/abstract=1666892 (last accessed: 23_December 23, 2011). See also Knight, Elizabeth, Facing the Past: Retrospective Justice as a Means to Promote Democracy in Nigeria, 35 Conn. L. Rev. 867, 868 (2003).Google Scholar

⁴ Trubek, David & Galanter, Marc, Scholars in Self-estrangement: Some Reflections on the Crisis in Law and Development Studies in the United States, Wis. L. Rev. 1062 (1974).Google Scholar

⁵ Id. at 1073.Google Scholar

⁶ Id. at 1074.Google Scholar

⁷ Chukwumerije, Okezie, Rhetoric Versus Reality: The Link Between the Rule of Law and Economic Development, 23 Emory Int'l L. Rev. 383, 386 (2009).Google Scholar

⁸ Transitional Justice and Development: Making Connections 17 (Pablo De Greiff & Roger Duthie eds., 2009).Google Scholar

⁹ Id. Google Scholar

¹⁰ Id. at 18.Google Scholar

¹¹ Id. Google Scholar

¹² Id. Google Scholar

¹³ Id. at 29.Google Scholar

¹⁴ Id. Google Scholar

¹⁵ Id. at 30.Google Scholar

¹⁶ Id. at 77.Google Scholar

¹⁷ Id. at 83.Google Scholar

¹⁸ Id. at 111.Google Scholar

¹⁹ Id. at 114.Google Scholar

²⁰ Id. at 148.Google Scholar

²¹ Id. at 173.Google Scholar

²² Id. Google Scholar

²³ Id. Google Scholar

²⁴ Id. Google Scholar

²⁵ Id. at 148.Google Scholar

²⁶ Id. at 215.Google Scholar

²⁷ Sen, Amartya, What is the Role of Legal and Judicial Reform in the Development Process?, Unpublished paper presented at the World Bank Legal Conference on the Role of Legal and Judicial Reform in Development (2000).Google Scholar

²⁸ Id. Google Scholar

²⁹ Greiff, De, supra note 8, at 283.Google Scholar

³⁰ See, e.g., Olsen, supra note 3. The authors examine the effect of transitional justice mechanisms (trials, truth commissions, and amnesties) on the perceptions of private investors.Google Scholar

³¹ These factors include domestic prosecutions that are neither systematic nor timely, truth-seeking and reparations measures implemented in the contexts of political compromise and limited resources and a general weakness of state institutions. See Bosire, Lydia, Overpromised, Underdelivered: Transitional Justice in Sub-Saharan Africa, Unpublished Paper, International Centre for Transitional Justice, Occasional Paper Series 1 (2006).Google Scholar

³² Backer, David, Watching a Bargain Unravel? A Panel Study of Victims’ Attitudes about Transitional Justice in Cape Town, South Africa, 4 Int'l J. Transitional Just. 443, 444 (2010).Google Scholar

³³ Id. at 444.Google Scholar

³⁴ Id. at 443.Google Scholar

³⁵ Olsen, Tricia, Payne, Leigh, Reiter, Andrew & Wiebelhaus-Brahm, Eric, When Truth Commissions Improve Human Rights, 4 Int'l J. Transitional Just. 457, 458 (2010).Google Scholar

³⁶ Aolain, Fionnuola Ni & Campbell, Colm, The Paradox of Transition in Conflicted Democracies, 27 Hum. Rts. Qtr'ly 172, 173 (2005).Google Scholar

³⁷ See Backer, supra note 32, at 444.Google Scholar

³⁸ This is probably why it is very important to clarify “transition” especially in the context of “developing societies.” Some of the questions may be: “What constitutes a ‘transition'? Is the transition marked simply by the political choice to use of the rhetoric of justice and reconciliation, even in a context of minimum breach in the past, perhaps in order to ‘create the democratic possibility to re-imagine the specific paths and goals of democratization'? Can a country have a succession of transitions and apply transitional justice measures each time? Are these measures appropriate even in contexts of weakly institutionalized states without a history of Western-style democratic tradition”? See Bosire, supra note 31, at 8.Google Scholar

³⁹ Hall, Ruth & Ntsebeza, Lungisile, Introduction, in The Land Question in South Africa: The Challenge of Transformation and Redistribution 2 (Lungisile Ntsebeza & Ruth Hall eds., 2007). See also Kollapen, Jody, Keynote Address to the Opening Session of the Japan International Cooperation Agency and International Centre for Transitional Justice Workshop on Enhancing Socio-Economic Justice in Societies in Transition: Case Studies on the African Continent, Cape Town, South Africa (2008).Google Scholar

⁴⁰ Greiff, De, supra note 8, at 130.Google Scholar

⁴¹ Id. at 130.Google Scholar

⁴² Posner, Eric & Vermeule, Adrian, Transitional Justice as Ordinary Justice, 117 Harv. L. Rev. 761, 763 (2004).Google Scholar

⁴³ Id. at 766.Google Scholar

⁴⁴ Greiff, De, supra note 8, at 173.Google Scholar