Julio Faúndez - Böcker

The origins of the maritime dispute between Chile and Peru go back to 1952, when these countries, along with Ecuador, asserted sovereignty over 200 nautical miles from their coasts. This maritime claim is widely regarded as one of the most important contributions by a group of developing countries to the law of the sea. Peru then asked the Court of International Justice to delimit its lateral boundary with Chile in accordance with principles of international law. Chile asked the Court to dismiss the request. The question before the ICJ Justice was whether the treaty concluded by the parties when they made their claim had also delimited their lateral boundary. This book provides a critical analysis of the approach to treaty interpretation by the International Court of Justice in Maritime Disputes. Focusing on the case of Chile and Peru, the book explores two main issues: the interpretation of the Santiago Declaration and its connected treaties; and the tacit agreement that established a lateral maritime boundary with a seaward extension of 80 nautical miles. Part I argues that the Court’s finding that the Santiago Declaration did not delimit the lateral boundary is mistaken because it ignores its context, as well as its object and purpose. Part II argues that the finding that the parties had entered into a tacit agreement is an unjustified legal inference derived from a hasty interpretation of the Special Agreement of 1954. It questions that the reliability of the evidence used to determine the seaward extent of the lateral boundary and argues that the Court failed to demonstrate the bearing of contemporaneous developments in the law of the sea on the content of the tacit agreement.

This stimulating new international study of the state of democracy today contributes towards improving and deepening our understanding of the democratic process, both in new and old democracies. It brings together a leading group of international experts in the fields of politics, economics, sociology, journalism, anthropology and law. It covers key themes that have a bearing on the quality and sustainability of democratic practices and relates them to policies in specific countries or regions. A special concern of the book is to identify and evaluate policies aimed at securing improvements in democratic practices.Most countries in the world today have embraced democracy. The rise of democracy has strengthened support for human rights and is making possible the resolution of many conflicts through political and legal means. In many countries, however, the state of democracy is a cause of concern. Countries that have recently become democratic are often unable to satisfy elementary social and economic aspirations of their citizens and many continue to restrict basic civil and political freedoms. Voters’ apathy, distrust of politicians, media manipulation and corruption are issues that also trouble citizens in old established democracies. This book was previously published as a special issue of Democratization.

This stimulating new international study of the state of democracy today contributes towards improving and deepening our understanding of the democratic process, both in new and old democracies. It brings together a leading group of international experts in the fields of politics, economics, sociology, journalism, anthropology and law. It covers key themes that have a bearing on the quality and sustainability of democratic practices and relates them to policies in specific countries or regions. A special concern of the book is to identify and evaluate policies aimed at securing improvements in democratic practices.Most countries in the world today have embraced democracy. The rise of democracy has strengthened support for human rights and is making possible the resolution of many conflicts through political and legal means. In many countries, however, the state of democracy is a cause of concern. Countries that have recently become democratic are often unable to satisfy elementary social and economic aspirations of their citizens and many continue to restrict basic civil and political freedoms. Voters’ apathy, distrust of politicians, media manipulation and corruption are issues that also trouble citizens in old established democracies. This book was previously published as a special issue of Democratization.

Law and Development emerged in the United States in the 1960s and rapidly spread throughout the world. Its intellectual origins can be traced back to the boundless confidence of some American legal academics about the possibilities of achieving democratic change in developing countries through legal means. Financial assistance from the US government and US-based foundations enabled the launch of scores of ambitious research projects and the rapid growth of legal education programmes in the newly independent states of Asia and Africa, as well as in several countries in Latin America. Thus, by the late 1960s and early 1970s, as the number of academic lawyers with direct knowledge of developing countries grew, the Law and Development movement was recognized as an important new trend in American legal education.During the 1960s Law and Development had a crucial impact on lawyers and law schools in a variety of countries, including Ethiopia, Sri Lanka, Chile, Perú, and Colombia. By the early 1970s, however, the movement lost its momentum, as some of its leading figures came to realize that American liberal legalism could not easily be replicated in developing countries. They refocused their attention to domestic legal issues and soon became the precursors of the enormously successful Law and Society and Socio-Legal Studies movements.By the late 1980s, however, Law and Development made a remarkable comeback, as the World Bank and bilateral donors began to acknowledge the crucial role of legal institutions in the process of development. As a consequence, Law and Development today occupies a prominent place on the agenda of all major international and national development agencies. It has also been firmly embraced by most developing countries, as they adapt their institutions and procedures to the demands generated by the process of globalization.The four volumes in this new collection from Routledge’s Major Works series, Critical Concepts in Law, bring together carefully selected materials that trace the evolution of the Law and Development movement; identify the key theoretical texts that have served as inspiration to this movement; provide a representative collection of articles written by specialists from various disciplines; and offer a selection of case studies and policy-based papers on the implementation of Law and Development projects.Edited by a leading scholar in the field, the collection also contains an extensive Introduction that examines the past, present, and future of Law and Development and will enable users to place the collected materials in their historical and intellectual context.

The origins of the maritime dispute between Chile and Peru go back to 1952, when these countries, along with Ecuador, asserted sovereignty over 200 nautical miles from their coasts. This maritime claim is widely regarded as one of the most important contributions by a group of developing countries to the law of the sea. Peru then asked the Court of International Justice to delimit its lateral boundary with Chile in accordance with principles of international law. Chile asked the Court to dismiss the request. The question before the ICJ Justice was whether the treaty concluded by the parties when they made their claim had also delimited their lateral boundary. This book provides a critical analysis of the approach to treaty interpretation by the International Court of Justice in Maritime Disputes. Focusing on the case of Chile and Peru, the book explores two main issues: the interpretation of the Santiago Declaration and its connected treaties; and the tacit agreement that established a lateral maritime boundary with a seaward extension of 80 nautical miles. Part I argues that the Court’s finding that the Santiago Declaration did not delimit the lateral boundary is mistaken because it ignores its context, as well as its object and purpose. Part II argues that the finding that the parties had entered into a tacit agreement is an unjustified legal inference derived from a hasty interpretation of the Special Agreement of 1954. It questions that the reliability of the evidence used to determine the seaward extent of the lateral boundary and argues that the Court failed to demonstrate the bearing of contemporaneous developments in the law of the sea on the content of the tacit agreement.

International Economic Law, Globalization and Developing Countries explores the impact of globalization on the international legal system, with a special focus on the implications for developing countries. The onset of the current process of globalization has brought about momentous changes to the rules and processes of international law. This comprehensive book examines a number of these changes, including the radical expansion of international economic law, the increase in the power of international economic organizations, and the new informal approaches to law-making. The greater reliance on judicial and arbitral mechanisms, and the proliferation of international human rights instruments, many of which have a direct bearing on international economic relations, are also discussed. The contributors to this book are all prominent experts in the fields of international law and international political economy, drawn from both developing and developed countries. This insightful book will appeal to scholars and advanced students with an interest in international law, development studies, international political economy and international governance. It will also be an indispensable tool for practitioners - including members of leading international NGOs, international lawyers, political scientists and international development specialists.Contributors: Y. Akyüz, D. Bradlow, E.R. Carrasco, P. Cullet, K.E. Davis, J. Faundez, M.E. Footer, J. Harrison, F. Macmillan, K. McMahon, P. Muchlinski, T. Novitz, P. Roffe, D. Salter, C. Tan, V.P.B. Yu III

The centrality of natural resources to global economic growth has placed the debate over their ownership and control at the forefront of legal, territorial and political disputes. Combining both legal and policy expertise with academic and practitioner perspectives this book considers the dimensions of natural resource governance at a time when disputes over their use grow more acute. Focusing on the law, regulation and governance of natural resources, this timely work examines in detail the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Exploring the views of different stakeholder groups in the natural resources sectors, key chapters consider whether their differing interests and concerns are adequately addressed under national and international law. This book will appeal to scholars of law, political science and development studies. It will also benefit policy practitioners and advocacy specialists in development NGOs, research institutes and international organisations.Contributors include: S. Adelman, J.P. Bohoslavsky, C. Buggenhoudt, L. Cotula, D. Davitti, J. Faundez, J. Justo, L. Martin, J. McEldowney, S. McEldowney, C. Ochoa, D. Ong, M. Picq, F. Smith, C. Tan, J. Van Alstine, E. Wilson

The centrality of natural resources to global economic growth has placed the debate over their ownership and control at the forefront of legal, territorial and political disputes. Combining both legal and policy expertise with academic and practitioner perspectives this book considers the dimensions of natural resource governance at a time when disputes over their use grow more acute. Focusing on the law, regulation and governance of natural resources, this timely work examines in detail the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Exploring the views of different stakeholder groups in the natural resources sectors, key chapters consider whether their differing interests and concerns are adequately addressed under national and international law. This book will appeal to scholars of law, political science and development studies. It will also benefit policy practitioners and advocacy specialists in development NGOs, research institutes and international organisations.Contributors include: S. Adelman, J.P. Bohoslavsky, C. Buggenhoudt, L. Cotula, D. Davitti, J. Faundez, J. Justo, L. Martin, J. McEldowney, S. McEldowney, C. Ochoa, D. Ong, M. Picq, F. Smith, C. Tan, J. Van Alstine, E. Wilson