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Democratization, Development, and Legality
This book traces the evolution of Chilean political and legal institutions by looking at the process of democratization. As well as explaining the strengths and weaknesses of the political regime, Faundez shows the impact of legal institutions and legal ideology on the country's political development.
Democratization, Development, and Legality
This book traces the evolution of Chilean political and legal institutions by looking at the process of democratization. As well as explaining the strengths and weaknesses of the political regime, Faundez shows the impact of legal institutions and legal ideology on the country's political development.
International Economic Law, Globalization and Developing Countries
This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.
Comprehensive Legal and Judicial Development
Africa (OHADA), Seydou Ba.
Governance through Development
Governance through Development locates the Poverty Reduction Strategy Paper (PRSP) framework within the broader context of international law and global governance, exploring its impact on third world state engagement with the global political economy and the international regulatory norms and institutions which support it. The PRSP framework has replaced the controversial structural adjustment programmes, as the primary mechanism through which official development financing is channelled to low-income developing countries. It has changed the regulatory landscape of international development financing, signalling a wider paradigmatic shift in the cartography of aid and, consequently, in the n...
Black Iconography and Colonial (re)production at the ICC
This book explores the reproduction of colonialism at the International Criminal Court (ICC) and examines international criminal law (ICL) vs the black body through an immersive format of art, music, poetry, and architecture and post-colonial/critical race theory lens. Taking a multi-disciplinary approach, the book interrogates the operationalisation of the Rome Statute to detail a Eurocentric hegemony at the core of ICL. It explores how colonialism and slavery have come to shape ICL, exposing the perpetuation of the colonial, and warns that it has ominous contemporary and future implications for Africa. As currently envisaged and acted out at the ICC, this law is founded on deceptive and co...
Decolonising International Law
The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.
Peace and Justice
In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework ...
Democratic Governance in Latin America
Producing more effective governance is the greatest challenge that faces most Latin American democracies today—a challenge that involves not only strengthening democratic institutions but also increasing governmental effectiveness. Focusing on the post-1990 period, this volume addresses why some policies and some countries have been more successful than others in meeting this dual challenge. Two features of the volume stand out. First, whereas some analysts tend to generalize for Latin America as a whole, this group of authors underscores the striking differences of achievement among countries in the region and illustrates the importance of understanding these differences. The second feature is the range of expertise within the volume. In addition to the volume editors, the contributors are Alan Angell, Daniel Brinks, Fernando Henrique Cardoso, José de Gregorio, Alejandro Foxley, Evelyne Huber, José Miguel Insulza, Juliana Martínez Franzoni, Patricio Navia, Francisco Rodriguez, Mitchell Seligson, John Stephens, Jorge Vargas Cullell, and Ignacio Walker.
