ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

mark in the annals of international law, partly because
it was narrowly understood as a sui generis form of
restitution linked to the special political constellation
of the time. This paper suggests to the contrary that
the Jewish cultural restitution of the 1940s and 1950s
offers a promising juridical model of collective cultural
restitution. The struggle was transnational in form and
succeeded in overcoming the statist-territorial bias
of international law to allow recognition of a cultural
community as proper claimant in International Law.
Mira Siegelberg: New Subjects of Public Law:
International Legal Personality in Interwar
Jewish Legal Thought
Statelessness, or the condition of being without
a legally recognized nationality, first became a category
of international legal analysis and an object of
humanitarian action after the First World War. This
paper examines the role of statelessness in political
and legal arguments in the interwar period, especially
among Jewish international legal scholars. It argues
that the problem of statelessness was fundamental to
their theoretical reconceptualization of law and political
order and that it was particularly important for the
argument that individuals- rather than states – could
be the direct subjects of international law.
Moria Paz: A Most Inglorious Right: René Cassin,
Freedom of Movement, Jews and Palestinians
This paper is concerned with institutional myopia
regarding what I call the problem of exit rights without
entry rights. When it comes to rights that involve cross
border mobility, human rights law only guarantees a
universal right to exit a state. The right to enter a new
state is limited. But the ability to exit is a very narrow
right if there is no place to enter. For most people, it
adds nothing at all. Curiously, this myopia has a history.
It can be traced directly back to the French-Jewish
jurist René Cassin, the “Father of the Declaration of
Human Rights.” I recount two separate stories: that
of the problem of exit rights without entry rights, and
that of Cassin. Both focus on the right to freedom of
movement, because it is the human right that most
explicitly involves cross-border mobility. Put side-byside,
these two stories demonstrate the intractability of
the problem of exit rights without entry rights.
82 CONSTITUTIONALISM FOR PEACE
IN COLOMBIA II – SOCIAL AND ECO-
NOMIC CHALLENGES
In order to consolidate the success of a process of
transition from armed conflict to peace, there is several
questions that must be answered since an economic
analysis of law, questions that has been asked in all
developing and developed societies throughout the
world: Which is the best way to satisfy the rights of
victims? How to achieve the social reconstruction?
How to improve economic policies to enhance social
inclusion? What state structure is capable of satisfying
the large demands of reparations for victims and rebalancing
of public burdens? Which principles should
guide the exercise of economic freedoms? Which are
the advantages and challenges of peace, in strictly
economic terms? How to finance peace to make of
it stable and lasting? The experiences of correcting
these socioeconomic differences in a context of transitional
justice offer useful tools for all states in building
a democratic economy.
Participants Maria Carolina Olarte
Magdalena Inés Correa Henao
Mauricio Pérez
Name of Chair Aida Torres Pérez
Room DOR24 1.601
Maria Carolina Olarte: Economic justice as
constitutional justice in transitional scenarios:
at the crossroads
In recent years the question of the socio-economic
dimensions of both transitional justice and conflict has
emerged as an increasingly relevant issue. The present
paper examines the challenges this ‘new’ question
posits to constitutionalism in transitional scenarios.
For this purpose, it problematizes the responses of
constitutionalism to the continuities of conflict-related
forms of economic violence. In particular, it argues that
constitutional design for post-conflict societies and the
framing of what could be called transitional constitutionalism
within a narrow version of the rule of law are
obliterating the economic aspects of democracy while
treating inequality as a background issue that does
not make part of what allegedly constitutes a proper
political change in transitional contexts. While valuable,
those approaches are shown to have significant
political limitations.
Concurring panels 123
Magdalena Inés Correa Henao: Three non-revolutionary
ways to achieve transformative justice.
Within the context of scarce resources, transitional
justice can be transformative on constitutional law in
three ways: the participation of armed groups in the
reparation of victims, links between the private sector
and peace building, and the making of redistributive
and sustainable economic policies. Transitional jus-