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Held has also pointed out that international law has expanded rapidly in both scope and depth in recent years and he contends that these developments are the basis of a new emerging framework of cosmopolitan law that changes and regulates the relations between individuals and their political leaders and thereby limits the political power of states (Held and McGrew 2000). ). However, David Held has also acknowledged that there is an inconsistency between the claim of a universal human rights regime and the frequent limited impact of this regime (Held 2001).

Have also identified a range of factors that they argue indicate interconnectedness and enmeshment of nation-states in global and regional processes (Held et al. 1999). ). ). This necessarily raises concerns about how these transnational actors can and should be controlled and this is one of the reasons why cosmopolitan theorists such as David Held argue in favour of the development of a cosmopolitan world order. Held has argued that one of the ways these transnational powers can be controlled is by means of cosmopolitan democracy, which entails that the structures of democratic states are expanded to regional and global levels (Held 1993, 1995, 1996 and Held et al.

In contrast, there is less agreement on what kind of transitional justice policy states recovering from mass atrocities should implement. The debate has particularly focused on whether perpetrators should be put on trial and thereby exposed to retributive justice or whether they should participate in a restorative justice process in the form of a truth and reconciliation commission. Among the most prominent supporters of truth commissions are co-founder of the International Centre for Transitional Justice, Priscilla Hayner, Professor of Law at Harvard Law School, Martha Minow and Archbishop Desmond Tutu (Hayner 1994, 2001, Minow 1998, Tutu 1999, 2000).