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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.
This incisive book provides a timely and magisterial analysis of offshore wind licensing processes and their regulation from a global perspective. It not only explores the concept of licensing and the governance frameworks and backgrounds in which licensing rules are developed, but also looks at the crucial legal challenges facing the licensing of offshore wind farms that regulators, legislatures, operators, and legal practitioners are likely to encounter.
Essays assessing the impact of globalization on law and court systems across the world.
Shows how 'dirty' challenge tactics are made viable primarily by the prevalence of a judicially derived test for bias which focuses on appearances, rather than facts and He argues that the most commonly used test of bias, the 'reasonable apprehension' test, makes it easy to allege a lack of impartiality and independence.
This book reveals all that can potentially happen when a private company takes over a local water supply system, both the good and the bad. Backed by real life stories of water privatization in action, author Manuel Schiffler presents a nuanced picture free of spin or fear mongering. Inside, readers will find a detailed analysis of the multiple forms of water privatization, from the outright sale of companies to various forms of public-private partnerships. After covering their respective strengths and weaknesses, it then compares them to purely publicly managed water utilities. The book examines the privatization and the public management of water and sewer utilities in twelve countries: th...
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in Argentina. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a de...