A Liberal Tide?


Book Description

Introduction : a paradigm shift in Latin American immigration and asylum law and policy? / David James Cantor, Luisa Feline Freier and Jean-Pierre Gauci --. - Migration policies and policymaking in Latin America and the Caribbean : lights and shadows in a region in transition / Pablo Ceriani Cernadas and Luisa Feline Freier --. - Beyond smoke and mirrors? : discursive gaps in the liberalisation of South American immigration laws / Luisa Feline Freier and Diego Acosta Arcarazo --. - Mercosur's post-neoliberal approach to migration : from workers' mobility to regional citizenship / Ana Margheritis --. - In transit : migration policy in Colombia / Beatriz Eugenia Sánchez Mojica --. - Trafficking persons within mixed migration flows in Central America / Diana Trimiño Mora --. - The migration of Haitians within Latin America : significance for Brazilian law and policy on asylum and migration / Andrea Pacheco Pacifico, Erika Pires Ramos, Carolina de Abreu Batista Claro and Nara Braga Cavalcante de Farias --. - Refugee protection in Brazil (1921-2014) : an analytical narrative of changing policies / José H. Fischel de Andrade --. - Bucking the trend? : liberalism and illiberalism in Latin American refugee law and policy / David James Cantor.




The DNA of Constitutional Justice in Latin America


Book Description

Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.




Law and Employment


Book Description

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.




Law and Society in Latin America


Book Description

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.




Enforcing the Rule of Law


Book Description

Reports of scandal and corruption have led to the downfall of numerous political leaders in Latin America in recent years. What conditions have developed that allow for the exposure of wrongdoing and the accountability of leaders? Enforcing the Rule of Law examines how elected officials in Latin American democracies have come under scrutiny from new forms of political control, and how these social accountability mechanisms have been successful in counteracting corruption and the limitations of established institutions. This volume reveals how legal claims, media interventions, civic organizations, citizen committees, electoral observation panels, and other watchdog groups have become effective tools for monitoring political authorities. Their actions have been instrumental in exposing government crime, bringing new issues to the public agenda, and influencing or even reversing policy decisions. Enforcing the Rule of Law presents compelling accounts of the emergence of civic action movements and their increasing political influence in Latin America, and sheds new light on the state of democracy in the region.




Latin American Law


Book Description

"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.




The Regulation and Policy of Latin American Energy Transitions


Book Description

The Regulation and Policy of Latin American Energy Transitions examines the ongoing revolution within the energy landscape of Latin America. This book includes real-world examples from across the continent to demonstrate the current landscape of energy policy in Latin America. It focuses on distributed energy resources, including distributed generation, energy efficiency and microgrids, but also addresses the role of less common energy sources, such as geothermal and biogas, as well as discusses the changing role of energy actors, where consumers become prosumers or prosumagers, and utilities become service providers. The legal frameworks that are still hampering the transformation of the energy landscape are explored, together with an analysis of the economic, planning-related and social aspects of energy transitions, which can help address the issue of how inequalities are affecting and being affected by energy transitions. The book is suitable for policy makers, lawyers, economists and social science professionals working with energy policy, as well as researchers and industry professionals in the field. It is an ideal source for anyone involved in energy policy and regulation across Latin America.




Constitutional Protection of Human Rights in Latin America


Book Description

This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.




Crime and Punishment in Latin America


Book Description

DIVEssays in collection argue that Latin American legal institutions were both mechanisms of social control and unique arenas for ordinary people to contest government policies and resist exploitation./div




Latin America and International Investment Law


Book Description

Latin America and international investment analyses the complex relationships between governments and foreign investors, and the influence of international organisations, corporations, civil society, and indigenous peoples, to examine the contribution that Latin America has made to the theory and practice of international investment law.