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Law and Policy in Latin America: Transforming Courts, Institutions, and Rights

Law and Policy in Latin America: Transforming Courts, Institutions, and Rights

Author: Pedro Fortes; Larissa Boratti; Andres Palacios Lleras; Tom Gerald Daly
Publisher: Palgrave Macmillan
ISBN: 9781137566935
Published In: January 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book offers a comprehensive introduction to law and policy responses to contemporary problems in Latin America, such as human rights violations, regulatory dilemmas, economic inequality, and access to knowledge and medicine. It includes 19 chapters written by sociologists, lawyers, and political scientists on the transformations of courts, institutions and rights protection in Latin America, all of which stem from presentations at conferences in Oxford and UCL organised by the editors. The contributors present original analyses based on rigorous research, innovative case-studies, and interdisciplinary perspectives, all written in an accessible style. Topics include the Inter-American Court of Human Rights, institutional design, financial regulation, competition, discrimination, gender quotas, police violence, orphan works, healthcare, and environmental protection, among others. The book will be of interest to students and scholars interested in policymaking, public law, and development.

Acknowledgements

Preface

Notes on Contributors

Introduction

Part I - Courts, Constitutionalism and the Inter-American System

Brazilian Supremocracy and the Inter-American Court of Human Rights: Unpicking an Unclear Relationship

Tom Gerald Daly

Transnational Legal Process and Fundamental Rights in Latin America: How does the Inter-American Human Rights System Reshape Domestic Constitutional Rights?

Marcelo Torelly

Complying (Partially) with the Compulsory Judgments of the Inter-American Court of Human Rights

Damian Gonzalez-Salzberg

Media Representations of the Inter-American Court of Human Rights

Diego Gil McCawley, Rolando Garcia Miron, and Lawrence M. Friedman

Part II - Institutional Development: Policy Implementation and Change

The Evolving Relationship between Law and Development: Proposing New Tools

Helena Alviar Garcia

Transnational Legal Indicators: The Missing Link in an Era of Law and Development

David Restrepo Amariles

Institutional Bypasses in Brazil: Overcoming Ex-ante Resistance to Institutional Reforms

Mariana Prado

Part III - Institutional Challenges: Integrating Markets and Regulation

Convergence, Coordination, and Collusion in Securities Regulation: the Latin American Integrated Market (MILA)

Jose Miguel Mendoza

Using Judicial Actions to Address Corporate Human Rights Abuses: Colombia 2000-2014

Laura Bernal-Bermudez

10.

Multiple Strategies of Financial Regulation Adopted in the Colombian Securities Market: The Case of OCT Derivatives

Ligia Catherine Arias Barrera

11.

A Counter-History of Antitrust in Latin America

Andres Palacios-Lleras

Part IV - Constitutional Engine Room: Between Individual Autonomy and Collective Self-Government

12.

Latin American Constitutionalism (1810-2010): The Problem of the 'Engine Room' of the Constitution

Roberto Gargarella

13.

Addressing Poverty through a Transformative Approach to Anti-Discrimination Law in Latin America

Alberto Coddou McManus

14.

Gender Quotas, Legislative Resistance, and Non-Legislative Reform

Malu A C Gatto

15.

Human Rights and Remains: A Policy Proposal to Prevent Human Rights Violations in Brazil

Pedro Fortes

Part V - Mundus Novus: Emerging Technologies and Rights

16.

Mundus Novus: The Construction of a Free Flow of Information from the Navigators of Yesterday to the Internauts of Today

Joaquim Falcao

17.

Digital Culture, Copyright, and the Orphan Works Issue: A View from Brazil

Paula Westenberger

18.

The Incorporation of a Right to Health Perspective into the Brazilian Patent Law Reform Process

Emmanuel Kolawole Oke

19.

Constitutional Environmental Protection in Brazil: A Rights-Based Approach

Julia Mattei and Larissa Verri Boratti

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