Law And Crisis In The Third World
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Author | : Sammy Adelman |
Publisher | : Hans Zell Publishers |
Total Pages | : 352 |
Release | : 1993 |
Genre | : Law |
ISBN | : |
The intractable problems which burden many developing regions-- poverty, debt, human rights violations--illustrate the failure of Western modernization programs. These spurred a new wave of scholarship on the nature & concept of law & development during the 1980s. Theories such as the New International Division of Labour provided fresh impetus for the discipline as did burgeoning research in women's studies & the environmental crisis necessitated additional approaches. This new collection of essays addresses the former & future role of law in these areas. Written by leading legal scholars, proponents stress the continued relevance & vitality of law in the development process. (AFRICAN DISCOURSE SERIES, 4)
Author | : Usha Natarajan |
Publisher | : Routledge |
Total Pages | : 396 |
Release | : 2019-07-23 |
Genre | : Law |
ISBN | : 1351704974 |
This book addresses the themes of praxis and the role of international lawyers as intellectuals and political actors engaging with questions of justice for Third World peoples. The book brings together 12 contributions from a total of 15 scholars working in the TWAIL (Third World Approaches to International Law) network or tradition. It includes chapters from some of the pioneering Third World jurists who have led this field since the time of decolonization, as well as prominent emerging scholars in the field. Broadly, the TWAIL orientation understands praxis as the relationship between what we say as scholars and what we do – as the inextricability of theory from lived experience. Understood in this way, praxis is central to TWAIL, as TWAIL scholars strive to reconcile international law’s promise of justice with the proliferation of injustice in the world it purports to govern. Reconciliation occurs in the realm of praxis and TWAIL scholars engage in a variety of struggles, including those for greater self-awareness, disciplinary upheaval, and institutional resistance and transformation. The rich diversity of contributions in the book engage these themes and questions through the various prisms of international institutional engagement, world trade and investment law, critical comparative law, Palestine solidarity and decolonization, judicial education, revolutionary struggle against imperial sovereignty, Muslim Marxism, Third World intellectual traditions, Global South constitutionalism, and migration. This book was originally published as a special issue of Third World Quarterly.
Author | : George Ulrich |
Publisher | : |
Total Pages | : 369 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0198849664 |
For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.
Author | : José-Manuel Barreto |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 460 |
Release | : 2014-08-26 |
Genre | : Philosophy |
ISBN | : 1443866458 |
Globalization, interdisciplinarity, and the critique of the Eurocentric canon are transforming the theory and practice of human rights. This collection takes up the point of view of the colonized in order to unsettle and supplement the conventional understanding of human rights. Putting together insights coming from Decolonial Thinking, the Third World Approach to International Law (TWAIL), Radical Black Theory and Subaltern Studies, the authors construct a new history and theory of human rights, and a more comprehensive understanding of international human rights law in the background of modern colonialism and the struggle for global justice. An exercise of dialogical and interdisciplinary thinking, this collection of articles by leading scholars puts into conversation important areas of research on human rights, namely philosophy or theory of human rights, history, and constitutional and international law. This book combines critical consciousness and moral sensibility, and offers methods of interpretation or hermeneutical strategies to advance the project of decolonizing human rights, a veritable tool-box to create new Third-World discourses of human rights.
Author | : Rafael Domingo |
Publisher | : Cambridge University Press |
Total Pages | : 241 |
Release | : 2010-02-26 |
Genre | : Law |
ISBN | : 1139485946 |
The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.
Author | : Makane Moïse Mbengue |
Publisher | : BRILL |
Total Pages | : 208 |
Release | : 2021-11-15 |
Genre | : Law |
ISBN | : 9004472363 |
This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.
Author | : Gita Sen |
Publisher | : Routledge |
Total Pages | : 121 |
Release | : 2013-11-05 |
Genre | : Business & Economics |
ISBN | : 1134156820 |
More than half of the world's farmers are women. They are the majority of the poor, the uneducated and are the first to suffer from drought and famine. Yet their subordination is reinforced by well-meaning development policies that perpetuate social inequalities. During the 1975-85 United Nations Decade for the Advancement of Women their position actually worsened. This book analyses three decades of policies towards Third World women. Focusing on global economic and political crises - debt, famine, militarization, fundamentalism - the authors show how women's moves to organize effective strategies for basic survival are central to an understanding of the development process.
Author | : John Reynolds |
Publisher | : Cambridge University Press |
Total Pages | : 343 |
Release | : 2017-08-10 |
Genre | : Law |
ISBN | : 1107172519 |
This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.
Author | : Richard Falk |
Publisher | : Routledge |
Total Pages | : 498 |
Release | : 2008-03-31 |
Genre | : Law |
ISBN | : 1134070241 |
This volume is devoted to critically exploring the past, present and future relevance of international law to the priorities of the countries, peoples and regions of the South. Within the limits of space it has tried to be comprehensive in scope and representative in perspective and participation. The contributions are grouped into three clusters to give some sense of coherence to the overall theme: articles by Baxi, Anghie, Falk, Stevens and Rajagopal on general issues bearing on the interplay between international law and world order; articles highlighting regional experience by An-Na’im, Okafor, Obregon and Shalakany; and articles on substantive perspectives by Mgbeoji, Nesiah, Said, Elver, King-Irani, Chinkin, Charlesworth and Gathii. This collective effort gives an illuminating account of the unifying themes, while at the same time exhibiting the wide diversity of concerns and approaches.
Author | : Samir Amin |
Publisher | : NYU Press |
Total Pages | : 145 |
Release | : 2010-12 |
Genre | : Business & Economics |
ISBN | : 1583672338 |
"Portions of this book were originally published as The Law of value and historical materialism c1978 by Monthly Review Press."