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International Courts In Latin America And The Caribbean
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Book Synopsis International Courts in Latin America and the Caribbean by : Salvatore Caserta
Download or read book International Courts in Latin America and the Caribbean written by Salvatore Caserta and published by . This book was released on 2020 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinctive feature of modern international society is the increase in the number of international judicial bodies and dispute settlement and implementation control bodies; in their case loads; and in the range and importance of the issues they are called upon to address. These factors reflect a new stage in the delivery of international justice. The International Courts and Tribunals series has been established to encourage the publication of independent and scholarly works which address, in critical and analytical fashion, the legal and policy aspects of the functioning of international courts and tribunals, including their institutional, substantive, and procedural aspects. Book jacket.
Book Synopsis International Courts in Latin America and the Caribbean by : Salvatore Caserta
Download or read book International Courts in Latin America and the Caribbean written by Salvatore Caserta and published by Oxford University Press. This book was released on 2020-10-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first in-depth and empirically grounded analysis of the foundations and evolution of the four Latin American and Caribbean regional economic courts: the Central American Court of Justice (CACJ), the Caribbean Court of Justice (CCJ), the Andean Tribunal of Justice (ATJ), and the Mercosur Permanent Review Court (MPRC). While these Courts were established to build common markets and to enforce trade liberalisation, they have often developed bodies of jurisprudence in domains not directly associated with regional economic integration. The CCJ has been most successful in the area of human and fundamental rights; the CACJ has addressed issues related to the enforcement of the rule of law in national legal arenas and longstanding border disputes between the countries of the region; and the ATJ is an island of effective adjudication on intellectual property issues. The particular trajectories of these four Courts suggest that there is no universal formula for success. Challenging the mainstream account, this book argues that the Courts' operational path is not necessarily a function of their formally delegated competences or the will of the Member States. Rather, local socio-political contextual factors play a far more decisive role in influencing the direction of regional economic courts during and after their establishment.
Book Synopsis Latin American and Caribbean International Institutional Law by : Marco Odello
Download or read book Latin American and Caribbean International Institutional Law written by Marco Odello and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is one of the few comprehensive works focusing on the sub-regional institutions in the Latin American and Caribbean region. These organisations and institutions enrich the co-operation at sub-regional level, but, in most cases, are neglected in legal literature. They have mainly economic purposes but they also contribute to new forms of institutional co-operation in other areas, including financial, political and social matters. The volume addresses some of the most representative of these institutions, such as the Mercosur, the Andean Community and sub-regional financial organisations (e.g. Central American Bank for Economic Integration and Andean Development Corporation) as well as new developments including the UNASUR and the Alliance for the Pacific. It provides updated information on the structure and changes of the institutions, and constitutes a valuable resource for those wishing to keep pace with legal developments in the fast-moving world of international institutional law. The book will appeal to a wide audience including researchers and practitioners specialising in international law and international organisations and related disciplines. Marco Odello, JD (Rome), LLM (Nottingham), PhD (Madrid) is a Reader in Law at Aberystwyth University, Wales, UK. Francesco Seatzu, JD (Cagliari), PhD (Nottingham) is Professor of International and European Law at the University of Cagliari, Sardinia, Italy.
Download or read book Latin American Law written by M. C. Mirow and published by University of Texas Press. This book was released on 2004-05-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: "M.C. Mirow has set himself a difficult task, to contribute a one-volume introduction to Latin American law in English, and he has succeeded admirably." —Law and History Review "The impressive scope of this book makes it a major contribution to Latin American legal history. . . . This is an excellent starting place for anyone interested in the legal history of the region, and it is essential reading for those seeking to understand the roots of contemporary Latin American politics and society." —Lauren Benton, New York University, author of Law and Colonial Cultures: Legal Regimes in World History, 1400-1900 Private law touches every aspect of people's daily lives—landholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealings—and the court records and legal documents produced under private law are a rich source of information for anyone researching social, political, economic, or environmental history. But to utilize these records fully, researchers need a fundamental understanding of how private law and legal institutions functioned in the place and time period under study. This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present. M. C. Mirow organizes the book into three substantial sections that describe private law and legal institutions in the colonial period, the independence era and nineteenth century, and the twentieth century. Each section begins with an introduction to the nature and function of private law during the period and discusses such topics as legal education and lawyers, legal sources, courts, land, inheritance, commercial law, family law, and personal status. Each section also presents themes of special interest during its respective time period, including slavery, Indian status, codification, land reform, and development and globalization.
Book Synopsis Transformative Constitutionalism in Latin America by : Armin von Bogdandy
Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-06-16 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Book Synopsis Latin American and Caribbean Foreign Policy by : Frank O. Mora
Download or read book Latin American and Caribbean Foreign Policy written by Frank O. Mora and published by Rowman & Littlefield Publishers. This book was released on 2003-10-30 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive text analyzes the foreign policies of eighteen countries in Latin America and the Caribbean. First assessing the state of the discipline, the introduction develops a common framework that compares the relevant explanatory weight of foreign policy determinants at the individual, state, and international level for each country. Case studies include the major regional powers such as Mexico, Brazil, and Argentina, as well as less-studied players such as the Dominican Republic, Ecuador, and Uruguay. With its focused analytical questions and rich empirical description, this book allows readers to develop sustained comparisons across the full spectrum of Latin American foreign policy.
Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Book Synopsis International Law in Domestic Courts by : André Nollkaemper
Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Book Synopsis The Difficult Task of Peace by : Francisco Rojas Aravena
Download or read book The Difficult Task of Peace written by Francisco Rojas Aravena and published by Springer Nature. This book was released on 2019-09-05 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a holistic view on the topics of peace and conflict, peace education, international relations and regional studies during the end of the second decade of the twenty-first century. It collects the studies, experience and analysis of faculty members of the University for Peace presented in three sections: regional and institutional outlook, and common challenges and interventions. Some of the topics in this book include the complex concept of peace; governance and security in Africa; peace and conflict in the Middle East; maritime security conflicts in South China Sea, the European Union in a multipolar world, religious fundamentalism and violent extremism; food security, climate change; and participatory action research in the culture of peace. Scholars, capacity building trainers, policy makers, politicians, lawyers, and individuals interested in international affairs among others might find in this book a diverse academic source for further analysis in their respective fields.
Book Synopsis Transnational Organized Crime in Central America and the Caribbean by :
Download or read book Transnational Organized Crime in Central America and the Caribbean written by and published by . This book was released on 2012 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report is one of several studies conducted by UNODC on organized crime threats around the world. These studies describe what is known about the mechanics of contraband trafficking - the what, who, how, and how much of illicit flows - and discuss their potential impact on governance and development. Their primary role is diagnostic, but they also explore the implications of these findings for policy. Publisher's note.
Book Synopsis Law and Employment by : James J. Heckman
Download or read book Law and Employment written by James J. Heckman and published by University of Chicago Press. This book was released on 2007-11-01 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Employment analyzes the effects of regulation and deregulation on Latin American labor markets and presents empirically grounded studies of the costs of regulation. Numerous labor regulations that were introduced or reformed in Latin America in the past thirty years have had important economic consequences. Nobel Prize-winning economist James J. Heckman and Carmen Pagés document the behavior of firms attempting to stay in business and be competitive while facing the high costs of complying with these labor laws. They challenge the prevailing view that labor market regulations affect only the distribution of labor incomes and have little or no impact on efficiency or the performance of labor markets. Using new micro-evidence, this volume shows that labor regulations reduce labor market turnover rates and flexibility, promote inequality, and discriminate against marginal workers. Along with in-depth studies of Colombia, Peru, Brazil, Argentina, Chile, Uruguay, Jamaica, and Trinidad, Law and Employment provides comparative analysis of Latin American economies against a range of European countries and the United States. The book breaks new ground by quantifying not only the cost of regulation in Latin America, the Caribbean, and in the OECD, but also the broader impact of this regulation.
Book Synopsis A Primer on the Civil-law System by : James G. Apple
Download or read book A Primer on the Civil-law System written by James G. Apple and published by . This book was released on 1995 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trial Justice written by Tim Allen and published by Zed Books Ltd.. This book was released on 2013-04-04 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.
Book Synopsis The State of State Reforms in Latin America by : Eduardo Lora
Download or read book The State of State Reforms in Latin America written by Eduardo Lora and published by World Bank Publications. This book was released on 2006-10-23 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America suffered a profound state crisis in the 1980s, which prompted not only the wave of macroeconomic and deregulation reforms known as the Washington Consensus, but also a wide variety of institutional or 'second generation' reforms. 'The State of State Reform in Latin America' reviews and assesses the outcomes of these less studied institutional reforms. This book examines four major areas of institutional reform: a. political institutions and the state organization; b. fiscal institutions, such as budget, tax and decentralization institutions; c. public institutions in charge of sectoral economic policies (financial, industrial, and infrastructure); and d. social sector institutions (pensions, social protection, and education). In each of these areas, the authors summarize the reform objectives, describe and measure their scope, assess the main outcomes, and identify the obstacles for implementation, especially those of an institutional nature.
Book Synopsis Institutional Frameworks for Social Policy in Latin America and the Caribbean by : Rodrigo Martínez
Download or read book Institutional Frameworks for Social Policy in Latin America and the Caribbean written by Rodrigo Martínez and published by UN. This book was released on 2018 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword .-- Introduction .-- Part 1. Social policy institutions. -- Chapter I. Institutional framework for social development / Rodrigo Martínez, Carlos Maldonado Valera .-- Chapter II. Social development and social protection institutions in Latin America and the Caribbean: overview and challenges / Rodrigo Martínez, Carlos Maldonado Valera .-- Part 2. Components and institutional framewoek of social protection. -- Chapter III. Labour market regulation and social protection: institutional challenges / Mario D. Velásquez Pinto .-- Chapter IV. Institutional aspects of Latin America's pension systems / Andras Uthoff .-- Chapter V. Care as a pillar of social protection: rights, policies and institutions in Latin America / María Nieves Rico, Claudia Robles .-- Part 3. Policies for specific populations and their institutional framework .-- Chapter VI. Life cycle and social policies: youth institutions in the region / Daniela Trucco .-- Chapter VII. Disability and public policy: institutional progress and challenges in Latin America / Heidi Ullmann .-- Chapter VIII. Latin American Afrodescendants: institutional framework and public policies / Marta Rangel.
Book Synopsis The Performance of Africa's International Courts by : James Thuo Gathii
Download or read book The Performance of Africa's International Courts written by James Thuo Gathii and published by Oxford University Press. This book was released on 2020-11-26 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The performance of international courts has traditionally been judged against criteria of compliance and effectiveness. Whilst these are clearly desirable objectives for litigants before Africa's international courts, this book shows that we must look beyond these criteria to fully appreciate the impact of these courts. This book shows how litigants use their participation in international litigation to achieve other objectives: to amplify political disputes with their governments, to build their movement, to educate the public about their cause, and to challenge the status quo. Chapters in this collection show how these courts act as coordination points for opposition political parties to name and shame dominant parties for violation of their organizational rights. Others demonstrate how Africa's international courts serve as transitional justice mechanisms in which truth telling about ongoing conflict and authoritarian governance receives significant attention. This attention serves as a platform to galvanize resistance against continued authoritarian rule, especially from outside the conflict countries. Ultimately, the book shows that these courts must be judged against new and broader criteria, and understood as increasingly important venues for waging political, social, environmental, and legal struggles.
Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby, Jr.
Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby, Jr. and published by Oxford University Press. This book was released on 2017-02-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
