Justicia Constitucional Derechos Humanos Y Democracia En America Latina

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Transformative Constitutionalism in Latin America

Author : Armin von Bogdandy
Publisher : Oxford University Press
ISBN 13 : 0192515470
Total Pages : 513 pages
Book Rating : 4.1/5 (925 download)

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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 2017-07-21 with total page 513 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.

Justicia constitucional, derechos humanos y democracia en América Latina

Author : Arnaud Martin
Publisher : U. Externado de Colombia
ISBN 13 : 9587720857
Total Pages : 22 pages
Book Rating : 4.5/5 (877 download)

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Book Synopsis Justicia constitucional, derechos humanos y democracia en América Latina by : Arnaud Martin

Download or read book Justicia constitucional, derechos humanos y democracia en América Latina written by Arnaud Martin and published by U. Externado de Colombia. This book was released on 2014-06-19 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: Más de veinte años después de la gran ola de democratización que acabó con los regímenes autoritarios que actuaban con rigor en la región, América Latina ofrece hoy todavía la cara de un subcontinente preso por los viejos demonios del pasado. La alternancia en el poder se produce hoy en día sin plantear mayores dificultades, los Estados viven un pluralismo político apaciguado, la izquierda ha dejado de ser sinónimo de peligro marxista, la derecha ya no es una amenaza autoritaria, y la mayoría ya no intenta arrasar con la oposición. Sin embargo, la historia ofrecerá aún numerosos ejemplos de prácticas heredadas de un tiempo que se consideró superado con demasiada rapidez. Las tentativas de golpe de Estado, las presiones sobre los parlamentarios o sobre los jueces, el recurso abusivo a la legislación de excepción, son algunas de las razones para dudar de que América Latina haya pasado, de manera definitiva, las páginas sombrías de su historia.

Routledge Handbook of Law and Society in Latin America

Author : Rachel Sieder
Publisher : Routledge
ISBN 13 : 1317291271
Total Pages : 978 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Routledge Handbook of Law and Society in Latin America by : Rachel Sieder

Download or read book Routledge Handbook of Law and Society in Latin America written by Rachel Sieder and published by Routledge. This book was released on 2019-05-20 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region. The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological debates on the relationship between law and society. Key topics examined include: The gap between law-on-the-books and law in action The implications of legal pluralism and legal globalization The legacies of experiences of transitional justice Emerging forms of socio-legal and political mobilization Debates concerning the relationship between the legal and the illegal. The Routledge Handbook of Law and Society in Latin America sets out new research agendas for cross-disciplinary socio-legal studies and will be of interest to those studying law, sociology of law, comparative Latin American politics, legal anthropology and development studies.

Inter-American Judicial Constitutionalism

Author : Manuel Eduardo Góngora Mera
Publisher : Manuel Eduardo Gongora-Mera
ISBN 13 : 9968611670
Total Pages : 323 pages
Book Rating : 4.9/5 (686 download)

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Book Synopsis Inter-American Judicial Constitutionalism by : Manuel Eduardo Góngora Mera

Download or read book Inter-American Judicial Constitutionalism written by Manuel Eduardo Góngora Mera and published by Manuel Eduardo Gongora-Mera. This book was released on 2011 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt:

For la Patria

Author : Brian Loveman
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 0585282072
Total Pages : 366 pages
Book Rating : 4.5/5 (852 download)

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Book Synopsis For la Patria by : Brian Loveman

Download or read book For la Patria written by Brian Loveman and published by Rowman & Littlefield Publishers. This book was released on 2004-09-08 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defending 'la patria,' or 'homeland,' is the historical mission claimed by Latin American armed forces. For la Patria is a comprehensive narrative history of the military's political role in Latin America in national defense and security. Latin American civil-military relations and the role of the armed forces in politics, like those of all modern nation-states, are framed by constitutional and legal norms specifying the formal relationships between the armed forces and the rest of society. In actuality, they are also the result of expectations, attitudes, values, and practices evolved over centuries-integral aspects of national political cultures. Military institutions in each Latin American nation have resulted from that country's own blend of local and imported influences, developing a distinctive pattern of civil-military relations as defender of the fatherland and guarantor of security and order. Written by Latin American specialist Brian Loveman, For la Patria includes tables, maps, photographs, and a glossary that will assist the student in better understanding the military's intervention in politics in Latin America. This new text will give students a thorough and accessible history of Latin American armed forces and their actions in Latin American politics from colonial times to the present.

Constitutional Law in Venezuela

Author : Allan R. Brewer-Carías
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403514175
Total Pages : 637 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Constitutional Law in Venezuela by : Allan R. Brewer-Carías

Download or read book Constitutional Law in Venezuela written by Allan R. Brewer-Carías and published by Kluwer Law International B.V.. This book was released on 2023-08-20 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Venezuela provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Venezuela will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Law and Society in Latin America

Author : Cesar Garavito
Publisher : Routledge
ISBN 13 : 1136002405
Total Pages : 306 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis Law and Society in Latin America by : Cesar Garavito

Download or read book Law and Society in Latin America written by Cesar Garavito and published by Routledge. This book was released on 2014-09-04 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 37 (2021) (VOLUME IV)

Author : Inter-American Commission on Human Rights
Publisher : BRILL
ISBN 13 : 9004537767
Total Pages : 1089 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 37 (2021) (VOLUME IV) by : Inter-American Commission on Human Rights

Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 37 (2021) (VOLUME IV) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2023-12-11 with total page 1089 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2021 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is partly published as an English-Spanish bilingual edition. Some parts are in English or Spanish only. NB: This book is part of a four volume set. Vol. 1 ISBN: 978-90-04-51185-9 Vol. 2 ISBN: 978-90-04-51187-3 Vol. 3 ISBN: 978-90-04-53773-6 Vol. 4 ISBN: 978-90-04-53775-0

The Impact of the Inter-American Human Rights System

Author : Armin von Bogdandy
Publisher : Oxford University Press
ISBN 13 : 0197744168
Total Pages : 705 pages
Book Rating : 4.1/5 (977 download)

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Book Synopsis The Impact of the Inter-American Human Rights System by : Armin von Bogdandy

Download or read book The Impact of the Inter-American Human Rights System written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2024 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary volume brings together leading scholars in international and constitutional law, social sciences, and international relations to present a systematic as well as critical analysis of the impact of the Inter-American System of Human Rights and the legal mechanisms that allow for that impact.

The Latin American Casebook

Author : Juan F. Gonzalez-Bertomeu
Publisher : Routledge
ISBN 13 : 1317026209
Total Pages : 297 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Latin American Casebook by : Juan F. Gonzalez-Bertomeu

Download or read book The Latin American Casebook written by Juan F. Gonzalez-Bertomeu and published by Routledge. This book was released on 2016-04-20 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.

Transformative Constitutionalism in Latin America

Author : Armin von Bogdandy
Publisher : Oxford University Press
ISBN 13 : 0192515462
Total Pages : 465 pages
Book Rating : 4.1/5 (925 download)

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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.

Judicial Politics in Mexico

Author : Andrea Castagnola
Publisher : Routledge
ISBN 13 : 1315520605
Total Pages : 191 pages
Book Rating : 4.3/5 (155 download)

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Book Synopsis Judicial Politics in Mexico by : Andrea Castagnola

Download or read book Judicial Politics in Mexico written by Andrea Castagnola and published by Routledge. This book was released on 2016-11-03 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

Courts in Latin America

Author : Gretchen Helmke
Publisher : Cambridge University Press
ISBN 13 : 1139497162
Total Pages : 353 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Courts in Latin America by : Gretchen Helmke

Download or read book Courts in Latin America written by Gretchen Helmke and published by Cambridge University Press. This book was released on 2011-01-17 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.

Estado laico, democracia y derechos fundamentales

Author : María Teresa Vizcaíno López
Publisher : Lulu.com
ISBN 13 : 0557627583
Total Pages : 300 pages
Book Rating : 4.5/5 (576 download)

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Book Synopsis Estado laico, democracia y derechos fundamentales by : María Teresa Vizcaíno López

Download or read book Estado laico, democracia y derechos fundamentales written by María Teresa Vizcaíno López and published by Lulu.com. This book was released on 2010 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legacies of the Left Turn in Latin America

Author : Manuel Balán
Publisher : University of Notre Dame Pess
ISBN 13 : 0268106606
Total Pages : 349 pages
Book Rating : 4.2/5 (681 download)

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Book Synopsis Legacies of the Left Turn in Latin America by : Manuel Balán

Download or read book Legacies of the Left Turn in Latin America written by Manuel Balán and published by University of Notre Dame Pess. This book was released on 2020-01-31 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legacies of the Left Turn in Latin America: The Promise of Inclusive Citizenship contains original essays by a diverse group of leading and emerging scholars from North America, Europe, and Latin America. The book speaks to wide-ranging debates on democracy, the left, and citizenship in Latin America. What were the effects of a decade and a half of left and center-left governments? The central purpose of this book is to evaluate both the positive and negative effects of the Left turn on state-society relations and inclusion. Promises of social inclusion and the expansion of citizenship rights were paramount to the center-left discourses upon the factions' arrival to power in the late 1990s and early 2000s. This book is a first step in understanding to what extent these initial promises were or were not fulfilled, and why. In analyzing these issues, the authors demonstrate that these years yield both signs of progress in some areas and the deepening of historical problems in others. The contributors to this book reveal variation among and within countries, and across policy and issue areas such as democratic institution reforms, human rights, minorities’ rights, environmental questions, and violence. This focus on issues rather than countries distinguishes the book from other recent volumes on the left in Latin America, and the book will speak to a broad and multi-dimensional audience, both inside and outside the academic world. Contributors: Manuel Balán, Françoise Montambeault, Philip Oxhorn, Maxwell A. Cameron, Kenneth M. Roberts, Nathalia Sandoval-Rojas, Daniel M. Brinks, Benjamin Goldfrank, Roberta Rice, Elizabeth Jelin, Celina Van Dembroucke, Nora Nagels, Merike Blofield, Jordi Díez, Eve Bratman, Gabriel Kessler, Olivier Dabène, Jared Abbott, Steve Levitsky

Decolonizing Constitutionalism

Author : Boaventura de Sousa Santos
Publisher : Taylor & Francis
ISBN 13 : 1000914135
Total Pages : 287 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Decolonizing Constitutionalism by : Boaventura de Sousa Santos

Download or read book Decolonizing Constitutionalism written by Boaventura de Sousa Santos and published by Taylor & Francis. This book was released on 2023-07-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.

International Court Authority

Author : Mikael Rask Madsen
Publisher : Oxford University Press
ISBN 13 : 0192515047
Total Pages : 524 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis International Court Authority by : Mikael Rask Madsen

Download or read book International Court Authority written by Mikael Rask Madsen and published by Oxford University Press. This book was released on 2018-06-28 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.