Legal Experiments for Development in Latin America

Legal Experiments for Development in Latin America
Author: Helena Alviar García
Publisher: Routledge
Total Pages: 122
Release: 2021-02-23
Genre: Social Science
ISBN: 1000386996

This book provides a nuanced picture of how diverse legal debates on the pursuit of economic development and modernization have played out in Latin America since independence. The opposing concepts of modernization theory and Dependency Theory can be seen to be playing out within the field of legal transformation, as some legal analysts define law as a closed, formal, rational system, and others see law as inseparable from economic, social and political change. Legal experiments have followed these trends, in some cases using legal instruments to guarantee classical, civil and political rights, and in others demanding radical transformation of existing legal structures. This book traces these debates across the key topics of: economic development and foreign investment; property; resource and power distribution in terms of gender and social policy. Drawing on a wide range of literature, the book adds complexity and color to our understanding of these themes in Latin America. This insightful exploration of comparative law within Latin America provides the tools needed to understand legal transformation in the region, and as such will be of interest to researchers within law, political sociology, development and Latin American studies.

Legal Experiments for Development in Latin America

Legal Experiments for Development in Latin America
Author: Helena Alviar García
Publisher: Routledge
Total Pages: 140
Release: 2021-02-23
Genre: Social Science
ISBN: 1000387011

This book provides a nuanced picture of how diverse legal debates on the pursuit of economic development and modernization have played out in Latin America since independence. The opposing concepts of modernization theory and Dependency Theory can be seen to be playing out within the field of legal transformation, as some legal analysts define law as a closed, formal, rational system, and others see law as inseparable from economic, social and political change. Legal experiments have followed these trends, in some cases using legal instruments to guarantee classical, civil and political rights, and in others demanding radical transformation of existing legal structures. This book traces these debates across the key topics of: economic development and foreign investment; property; resource and power distribution in terms of gender and social policy. Drawing on a wide range of literature, the book adds complexity and color to our understanding of these themes in Latin America. This insightful exploration of comparative law within Latin America provides the tools needed to understand legal transformation in the region, and as such will be of interest to researchers within law, political sociology, development and Latin American studies.

Reclaiming Latin America

Reclaiming Latin America
Author: Doctor Steve Ludlam
Publisher: Zed Books Ltd.
Total Pages: 318
Release: 2013-07-04
Genre: Political Science
ISBN: 1848137648

Reclaiming Latin America is a one-stop guide to the revival of social democratic and socialist politics across the region. At the end of the Cold War, and through decades of neoliberal domination and the 'Washington Consensus' it seemed that the left could do nothing but beat a ragged retreat in Latin America. Yet this book looks at the new opportunities that sprang up through electoral politics and mass action during that period. The chapters here warn against over-simplification of the so-called 'pink wave'. Instead, through detailed historical analysis of Latin America as a whole and country-specific case studies, the book demonstrates the variety of approaches to establishing a lasting social justice. From the anti-imperialism of the Bolivarian Alternative for the Americas in Venezuela, Bolivia and Cuba, to the more gradualist routes being taken in Chile, Argentina and Brazil, Reclaiming Latin America gives a real sense of the plurality of political responses to popular discontent.

Law Reforms around the World

Law Reforms around the World
Author: Asif H Qureshi
Publisher: Taylor & Francis
Total Pages: 365
Release: 2023-12-01
Genre: Law
ISBN: 1003813453

Encapsulating Law Reform requires the creation of a discreet space occupied with normative self-generation, self-correction, and self-adaptation in the very anatomy of law and the architecture of legal systems. This ‘living dynamic trait’ should be a hallmark of the genetic material in the modern-day institution of law. This edited volume sheds light on Law Reform in its domestic, comparative, regional, and international settings. It examines the process of Law Reform and explains the need for a constant appraisal to keep its wheels optimally operational. The book takes a holistic approach to understanding Law Reform and calls for such an approach in the very process of Law Reform. It begins by looking at Law Reform processes from a theoretical perspective. Thereafter, it sheds light on domestic Law Reform processes in civil and common law legal systems. This is followed by a focus on Law Reform at the international level with a critical appraisal of the International Law Commission (ILC), drawing on its performance in international economic and environmental law. Included in this consideration is also the role played in Law Reform by the IMF, World Trade Organization/World Intellectual Property Organization, Multilateral Development Banks, and the African Union Commission on International Law. This volume should appeal to students, serious scholars, policy makers, judges, and the community of national and international lawyers interested in bringing effective reform in the national and international arenas.

The Latin American Crisis and the New Authoritarian State

The Latin American Crisis and the New Authoritarian State
Author: Manuel Larrabure
Publisher: Taylor & Francis
Total Pages: 241
Release: 2022-12-30
Genre: Political Science
ISBN: 100080173X

This book provides a fresh interpretation of the rise and fall of Latin America’s ‘left turn’, or movement towards more progressive economic or social policies. From a historical and comparative perspective, the book argues that Latin America is entering a new phase of authoritarian statism. Based on over 10 years of research on Latin American political economy and social movements, including years of fieldwork in Chile, Brazil, Venezuela and Argentina, this book combines the stories of individuals and groups in particular situations with the macro-level political and economic trajectory of the region since the postwar period. The book draws on over 100 interviews with community activists, workers, union leaders, politicians, journalists, and NGOs, as well as archival work. In addition, the book uses up-to-date national and regional economic data, including both standard and heterodox development indicators. By engaging with key case studies including Argentina’s recovered enterprises, Chile’s student movement, Brazil’s free transit movement, and Venezuela’s popular economy, this book analyzes the complex relationship between "post-capitalist struggles" and the governance models of the "pink tide", the wave of left governments that began to sweep the region at the turn of the century. This book will be of interest to researchers across politics, development, Latin American studies and social movement studies. The original data and analysis of the relationship between social movements and governments will also benefit policymakers and those working within the NGO sector.

Proportionality and Transformation

Proportionality and Transformation
Author: Francisca Pou-Giménez
Publisher: Cambridge University Press
Total Pages: 353
Release: 2022-11-03
Genre: Law
ISBN: 1009201778

This is the first book on proportionality in Latin American constitutional law. Leading scholars in the region explore how proportionality analysis has become a key part of the constitutional law of a region where, almost paradoxically, constitutions with clear transformative intentions coexist with the highest indicators of social inequality in the world. In this book, scholars, practitioners and students will find a fascinating account of how proportionality has been a central concept in Latin America's constitutional struggles to curtail excessive uses of state power. The book illustrates how, more recently, proportionality has played an important role in national processes of constitutionalization and transitional justice, and how its current uses in the domain of social rights endow it with a distinctive meaning and role in regional constitutionalism. This pioneering book opens up the space for a much needed global conversation on how Latin America has decisively contributed to comparative constitutional law.

Non-State Actors and Sustainable Development in Brazil

Non-State Actors and Sustainable Development in Brazil
Author: Eduardo Gonçalves Gresse
Publisher: Taylor & Francis
Total Pages: 247
Release: 2022-11-23
Genre: Business & Economics
ISBN: 1000783839

This book investigates how non-state actors have become key drivers of the diffusion of the UN 2030 Agenda for Sustainable Development in Brazil. The UN ranks Brazil as the most biodiverse country in the world, but the country’s environment has never been under greater threat, with the rise of multiple crises bringing mounting challenges to socioeconomic development and environmental protection. As state support has fallen away, non-state actors have actively engaged and eventually mobilized other social actors towards the promotion of the SDGs and the implementation of the UN agenda. This book asks why it is that non-state actors have dedicated so much time, effort and resources to promote a non-binding agenda that was ratified by and is mainly assigned to state actors. Looking at the roles of academia, civil society, and the private sector, the book explores the different ways in which these social actors make sense of and translate the 2030 Agenda into practice within their respective local contexts. Drawing on extensive fieldwork, this book sheds light on a series of challenges, opportunities and contradictions within the global agenda and its implementation. Assessing what the Brazil case can teach us about the diffusion of the 2030 Agenda and the SDGs more broadly, this book will be of interest to academics in the field of Sustainable Development, Latin America Studies and Environmental Politics as well as sustainable development researchers and policy makers.

The Oxford Handbook of International Law and Development

The Oxford Handbook of International Law and Development
Author: Ruth Buchanan
Publisher: Oxford University Press
Total Pages: 865
Release: 2024-02-15
Genre: Business & Economics
ISBN: 0192867369

The Oxford Handbook of International Law and Development is a unique overview of the field of international law and development, examining how normative beliefs and assumptions around development are instantiated in law, and critically examining disciplinary frameworks, competing agendas, legal actors and institutions, and alternative futures.

Exponential Inequalities

Exponential Inequalities
Author: Associate Professor in International Human Rights Law Shreya Atrey
Publisher: Oxford University Press
Total Pages: 401
Release: 2023-01-19
Genre: Law
ISBN: 0192872990

This thoughtfully edited volume explores the operation of equality and discrimination law in times of crisis. It aims to understand how existing inequalities are exacerbated in crises and whether equality law has the tools to understand and address this contingency. Experience during the COVID-19 crisis shows that the pandemic has acted as a catalyst for 'exponential inequalities' related to racism, xenophobia, sexism, homophobia, transphobia, ageism, and ableism. Yet, the field of equality law (which is meant to be addressing such discrimination or inequality) has had little immediate relevance in mitigating these exponential inequalities. This is despite the fact that countries like the UK have a rather recent and state-of-the-art legislation in the field, namely the Equality Act 2010. Exponential Inequalities offers readers an understanding of how these inequalities came to be and how crises such as the global pandemic, the climate emergency, or the economic downturn, can exacerbate an already untenable situation. It illuminates both the structural and the conceptual, as well as the practical and doctrinal difficulties currently experienced in equality law, and discusses whether or not equality law even has the tools to both understand and then address this contingency. Written by a team of internationally recognized experts, Exponential Inequalities provides a comparative perspective on the functioning of equality laws across a range of contexts and jurisdictions and represents an essential read for scholars and policy makers alike.

Deepening Democracy in Post-Neoliberal Bolivia and Venezuela

Deepening Democracy in Post-Neoliberal Bolivia and Venezuela
Author: John Brown
Publisher: Routledge
Total Pages: 248
Release: 2022-02-27
Genre: Political Science
ISBN: 1000546152

This book provides a timely and nuanced analysis of the successes and shortcoming of efforts to move beyond market democracy in Bolivia and Venezuela. A twin crisis of democratic representation and socio-economic precarity created space for anti-system outsiders to emerge on the left flank of traditional party-systems in Bolivia and Venezuela, paving the way for a "post-neoliberal" democratization process. Over the course of the projects headed by Evo Morales in Bolivia and Hugo Chávez and his successor Nicolás Maduro in Venezuela, however, power struggles emerged between a recalcitrant elite, the left-led government, and organized popular sectors. These tensions shaped the pathways that processes followed, with simultaneous democratization and de-democratization occurring whereby a partial deepening and extending of democratic quality for popular sectors was accompanied by the bending of liberal norms. Comparing the varying balance and forms of power between competing actors, this book offers a novel and rich explanation of the partial and stuttering efforts to advance a post-neoliberal democracy in Bolivia and Venezuela. Bringing important insights on the reasons for the emergence of anti-system leaders and parties, the impact that they have on the quality of democracy, and how progressive governments interact with social movements, this book will be of interest to researchers studying Latin America, as well as those specializing in development and political science more broadly.