Law, Development and Globalization – serie

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60 produkter

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60 produkter

Regional Autonomy, Cultural Diversity and Differentiated Territorial Government
The Case of Tibet – Chinese and Comparative Perspectives
AvRoberto Toniatti,Jens Woelk
Häftad, Engelska, 2018
665 kr
Skickas inom 10-15 vardagar
Regional Autonomy, Cultural Diversity and Differentiated Territorial Government assesses the current state of the international theory and practice of autonomy in order to pursue the possibility of regional self-government in Tibet. Initiated by a workshop and roundtable with political representatives from different autonomous regions, including His Holiness the 14th Dalai Lama, this book brings together a group of distinguished international scholars to offer a much-needed enquiry into solutions to the Tibetan quest for ‘genuine’ autonomy. Examining the Chinese framework of regional self-government, along with key international cases of autonomy in Europe, North America and Asia, the contributors to this volume offer a comprehensive context for the consideration of both Tibetan demands and Chinese worries. Their insights will be invaluable to academics, practitioners, diplomats, civil servants, government representatives, international organisations and NGOs interested in the theory and practice of autonomy, as well as those concerned with the future of Tibet.
Transnational Law and State Transformation
The Case of Extractive Development in Mongolia
AvJennifer Lander
Inbunden, Engelska, 2019
2 227 kr
Skickas inom 10-15 vardagar
This book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets.The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia’s recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia’s mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically. The book will be of interest to scholars of international law, global governance and the political economy of development.
Law, Development and Regulatory Globalisation
The Case of the World Bank in India's Electricity Sector
AvAdithya Chintapanti
Inbunden, Engelska, 2023
2 227 kr
Skickas inom 10-15 vardagar
Exploring the phenomenon of diffusion of legal norms accompanying economic globalisation in developing countries, this book examines the blanket imposition of standard regulatory templates, maintaining that every jurisdiction requires customised legal solutions.Adopted by over 80 developing jurisdictions, the World Bank’s 1993 regulatory template for electricity sector reform has been one of the most widely diffused regulatory models. This book uses the example of its implementation in India to address the more general process of regulatory globalisation for developing countries. Amongst other objectives, the World Bank’s template endeavoured to insulate economic decision making from politics through legal reform. Through this template, the World Bank endeavoured to transform the role of the Indian state in the electricity sector from an interventionist or welfare state to a neo-liberal regulatory state by imposing constitution-like obligations. The book demonstrates that the unique social, economic and political characteristics of a jurisdiction cannot be ignored when incorporating a regulatory template in a jurisdictional context; for, by influencing the way an external regulatory model is internalized, it is these characteristics that determine its outcome.Providing a detailed empirical analysis of this key aspect of development policy, this book will be of interest to scholars and students in the fields of law and development, politics and public administration; as well as development practitioners and policy makers involved in reforming sector regulatory frameworks in their countries.
Intellectual Property Law and Access to Medicines
TRIPS Agreement, Health, and Pharmaceuticals
AvSrividhya Ragavan,Amaka Vanni
Inbunden, Engelska, 2021
2 718 kr
Skickas inom 10-15 vardagar
The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors – states, transnational business corporations, or civil society groups – and their influence on the structures – such as national and international agreements, organizations, and private entities – that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought.In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.
Limits of Law and Development
Neoliberalism, Governance and Social Justice
AvSam Adelman,Abdul Paliwala
Häftad, Engelska, 2022
613 kr
Skickas inom 10-15 vardagar
The book examines the well-established field of ‘law and development’ and asks whether the concept of development and discourses on law and development have outlived their usefulness.The contributors ask whether instead of these amorphous and contested concepts we should focus upon social injustices such as patriarchy, impoverishment, human rights violations, the exploitation of indigenous peoples, and global heating? If we abandoned the idea of development, would we end up adopting another, equally problematic term to replace a concept which, for all its flaws, serves as a commonly understood shorthand? The contributors analyse the links between conventional academic approaches to law and development, neoliberal governance and activism through historical and contemporary case studies.The book will be of interest to students and scholars of development, international law, international economic law, governance and politics and international relations.
Social Movements, Law and the Politics of Land Reform
Lessons from Brazil
AvGeorge Meszaros
Inbunden, Engelska, 2013
2 227 kr
Skickas inom 10-15 vardagar
Social Movements, Law and the Politics of Land Reform investigates how rural social movements are struggling for land reform against the background of ambitious but unfulfilled constitutional promises evident in much of the developing world. Taking Brazil as an example, it unpicks the complex reasons behind the remarkably consistent failures of its constitution and law enforcement mechanisms to deliver social justice. Using detailed empirical evidence and focusing upon the relationship between rural social struggles and the state, the book develops a threefold argument: first, the inescapable presence of power relations in all aspects of the production and reproduction of law; secondly their dominant impact on socio-legal outcomes; and finally the essential and positive role played by social movements in redressing those power imbalances and realising law’s progressive potentialities.
State Violence and Human Rights
State Officials in the South
AvSteffen Jensen,Andrew Jefferson
Inbunden, Engelska, 2009
2 227 kr
Skickas inom 10-15 vardagar
State Violence and Human Rights addresses how legal practices – rooted in global human rights discourse or local demands – take hold in societies where issues of state violence remain to be resolved. Attempts to make societies accountable to human rights norms regularly draw on international legal conventions governing state conduct. As such, interventions tend to be based on inherently normative assumptions about conflict, justice, rights and law, and so often fail to take into consideration the reality of local circumstances, and in particular of state institutions and their structures of authority. Against the grain of these analyses, State Violence and Human Rights takes as its point of departure the fact that law and authority are contested. Grounded in the recognition that concepts of rights and legal practices are not fixed, the contributors to this volume address their contestation 'in situ'; as they focus on the everyday practices of state officials, non-state authorities and reformers. Addressing how state representatives – the police officer, the prison officer, the ex-combatant militia member, the hangman and the traditional leader – have to negotiate the tensions between international legal imperatives, the expectations of donors, the demands of institutions, as well as their own interests, this volume thus explores how legal discourses are translated from policy into everyday practice.
Political Economy of Government Auditing
Financial Governance and the Rule of Law in Latin America and Beyond
AvCarlos Santiso
Inbunden, Engelska, 2009
2 493 kr
Skickas inom 10-15 vardagar
The Political Economy of Government Auditing addresses the elusive quest for greater transparency and accountability in the management of public finances in emerging economies; and, more specifically, it examines the contribution of autonomous audit agencies (AAAs) to the fight against corruption and waste. Whilst the role of audit agencies in curbing corruption is increasingly acknowledged, there exists little comparative work on their institutional effectiveness. Addressing the performance of AAAs in emerging economies, Carlos Santiso pursues a political economy perspective that addresses the context in which audit agencies are embedded, and the governance factors that make them work or fail. Here, the cases of Argentina, Brazil and Chile are examined, as they illustrate the three – parliamentary, court and independent – models of AAAs in modern states, and their three distinct trajectories of reform, or lack of reform. Beyond Latin America, considerations on the reform of government auditing in other countries, developed and developing are also taken up as, it is argued, while institutional arrangements for government auditing matter, political factors ultimately determine the effectiveness of AAAs. Reforming AAAs, it is concluded, must consider the trajectory of state building, the role of law in public administration and the quality of governance. An important contribution to the comparative study of governance institutions, and especially those tasked with overseeing the budget and curbing corruption, The Political Economy of Government Auditing will be of interest to scholars and students of comparative politics, development studies, administrative law, and public finance; as well as to development practitioners and policy-makers in developing countries, donor governments and international institutions.
Law in the Pursuit of Development
Principles into Practice?
AvAmanda Perry Kessaris
Inbunden, Engelska, 2009
678 kr
Skickas inom 10-15 vardagar
Law in the Pursuit of Development critically explores the relationships between contemporary principles and practice in law and development. Including papers by internationally renowned, as well as emerging, scholars and practitioners, the book is organized around the three liberal principles which underlie current efforts to direct law towards the pursuit of development. First, that the private sector has an important role to play in promoting the public interest; second, that widespread participation and accountability are essential to any large scale enterprise; and third, that the rule of law is a fundamental building block of development.This insightful and provocative collection, in which contributors critique both the principles and efforts to implement them in practice, will be of considerable interest to students, academics and practitioners with an interest in the fields of law and development, international economic law, and law and globalization.
Governance through Development
Poverty Reduction Strategies, International Law and the Disciplining of Third World States
AvCeline Tan
Inbunden, Engelska, 2011
2 227 kr
Skickas inom 10-15 vardagar
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 nature of north-south relations. Governance through Development documents and analyses this change within the legacy of postcolonial economic relations, revealing the wider legal, economic and geo-political significance of the PRSP framework. Celine Tan argues that the PRSP framework establishes a new regulatory regime that builds upon the disciplinary project of structural adjustment by embedding neoliberal economic conditionalities within a regime of domestic governance and public policy reform.The book will be of interest to scholars, researchers and students of law, political science and international relations, sociology and development studies.
Marginalized Communities and Access to Justice
AvYash Ghai CBE,Jill Cottrell
Inbunden, Engelska, 2009
2 227 kr
Skickas inom 10-15 vardagar
Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.
Global Perspectives on the Rule of Law
AvJames J. Heckman,Robert L. Nelsonm. fl.
Inbunden, Engelska, 2009
2 227 kr
Skickas inom 10-15 vardagar
Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists and historians. The chapters critically analyze the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits.Written for scholars, practitioners, and policy-makers, Global Perspectives on the Rule of Law offers a unique combination of jurisprudential and empirical research that will be provocative and relevant to those who are attempting to understand and advance the rule of law globally. The chapters progress from broad questions regarding current rule of development efforts and the concept of rule of law to more specific issues pertaining to economic and democratic development. Specific countries, such as China, India, and seventeenth century England and the Netherlands, serve as case studies in some chapters, while broad global surveys feature in other chapters. Indeed, this impressive scope of research ushers in the next generation of scholarship in this area.
Regional Autonomy, Cultural Diversity and Differentiated Territorial Government
The Case of Tibet – Chinese and Comparative Perspectives
AvRoberto Toniatti,Jens Woelk
Inbunden, Engelska, 2017
2 227 kr
Skickas inom 10-15 vardagar
Regional Autonomy, Cultural Diversity and Differentiated Territorial Government assesses the current state of the international theory and practice of autonomy in order to pursue the possibility of regional self-government in Tibet. Initiated by a workshop and roundtable with political representatives from different autonomous regions, including His Holiness the 14th Dalai Lama, this book brings together a group of distinguished international scholars to offer a much-needed enquiry into solutions to the Tibetan quest for ‘genuine’ autonomy. Examining the Chinese framework of regional self-government, along with key international cases of autonomy in Europe, North America and Asia, the contributors to this volume offer a comprehensive context for the consideration of both Tibetan demands and Chinese worries. Their insights will be invaluable to academics, practitioners, diplomats, civil servants, government representatives, international organisations and NGOs interested in the theory and practice of autonomy, as well as those concerned with the future of Tibet.
Gender Justice and Legal Pluralities
Latin American and African Perspectives
AvRachel Sieder,John McNeish
Inbunden, Engelska, 2012
2 227 kr
Skickas inom 10-15 vardagar
Gender Justice and Legal Pluralities: Latin American and African Perspectives examines the relationship between legal pluralities and the prospects for greater gender justice in developing countries. Rather than asking whether legal pluralities are ‘good’ or ‘bad’ for women, the starting point of this volume is that legal pluralities are a social fact. Adopting a more anthropological approach to the issues of gender justice and women’s rights, it analyzes how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts. By examining the different ways in which legal norms, instruments and discourses are being used to challenge or reinforce gendered forms of exclusion, contributing authors generate new knowledge about the dynamics at play between the contemporary contexts of legal pluralities and the struggles for gender justice. Any consideration of this relationship must, it is concluded, be located within a broader, historically informed analysis of regimes of governance.
Lawyers and the Rule of Law in an Era of Globalization
AvYves Dezalay,Bryant Garth
Inbunden, Engelska, 2011
2 227 kr
Skickas inom 10-15 vardagar
Lawyers and the Rule of Law in an Era of Globalization focuses on the national and transnational processes transforming both the rule of law and the role of lawyers. The book draws on a framework that emphasizes the relationship between the national and the international, the strategies of lawyers at various political levels, and the circulation of ideas and people. As such, it considers the 'rule of law', not as a normative ideal that has to be accomplished and realized, but rather as a field of action and discourse that emerges through complex relationships among experts, national elites and global institutions. Through detailed empirical work, the contributors all examine the relationship between law, politics, and the state; focusing on lawyers and the social capital they posses and deploy, in order to understand the efficacy of the rule of law in different polities. Lawyers and the Rule of Law in an Era of Globalization will be invaluable for socio-legal scholars, students of the legal profession, as well as those with interests in law and development studies.
Lawyers and the Construction of Transnational Justice
AvYves Dezalay,Bryant Garth
Inbunden, Engelska, 2011
2 421 kr
Skickas inom 10-15 vardagar
Lawyers and the Construction of Transnational Justice will show students and scholars what it means in practice to talk about building transnational justice � both on the side of economic regulation and on the side of human rights and humanitarian law. It links national and transnational processes, tracing the activities of lawyers with their successful and less successful strategies to build institutions and credibility for a transnational legal field. Examples include developments in international criminal justice, including the unsuccessful quest to establish universal jurisdiction for the prosecution of human rights violators; the very successful efforts to build transnational trade and intellectual property regimes; and the relative success in building a European legal field. The introductory and concluding chapters by the co-editors, drawing on the sociology of Pierre Bourdieu, link the chapters together and explore the possibilities for a more institutionalized and unified transnational legal field � bridging the economic and corporate side with the human rights and humanitarian side. Addressing a range of international issues, Lawyers and the Construction of Transnational Justice is a major contribution to the field of sociology of law, as well as to debates about global governance.
Global Perspectives on the Rule of Law
AvJames J. Heckman,Robert L. Nelsonm. fl.
Häftad, Engelska, 2010
923 kr
Skickas inom 10-15 vardagar
Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists and historians. The chapters critically analyse the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits.Written for scholars, practitioners, and policymakers, Global Perspectives offers a unique combination of jurisprudential and empirical research that will be provocative and relevant to those who are attempting to understand and advance the rule of law globally. The chapters progress from broad questions regarding current rule of development efforts and the concept of rule of law to more specific issues pertaining to economic and democratic development. Specific countries, such as China, India, and seventeenth-century England and The Netherlands, serve as case studies in some chapters, while broad global surveys feature in other chapters. Indeed, this impressive scope of research ushers in the next generation of scholarship in this area.
Law in the Pursuit of Development
Principles into Practice?
AvAmanda Perry Kessaris
Häftad, Engelska, 2010
329 kr
Skickas inom 10-15 vardagar
Law in the Pursuit of Development critically explores the relationships between contemporary principles and practice in law and development. Including papers by internationally renowned, as well as emerging, scholars and practitioners, the book is organised around the three liberal principles which underlie current efforts to direct law towards the pursuit of development. First, that the private sector has an important role to play in promoting the public interest; second, that widespread participation and accountability are essential to any large scale enterprise; and third, that the rule of law is a fundamental building block of development.This insightful and provocative collection, in which contributors critique both the principles and efforts to implement them in practice, will be of considerable interest to students, academics and practitioners with an interest in the fields of law and development, international economic law, and law and globalization.
Marginalized Communities and Access to Justice
AvYash Ghai CBE,Jill Cottrell
Häftad, Engelska, 2010
923 kr
Skickas inom 10-15 vardagar
Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.
Policing and Human Rights
The Meaning of Violence and Justice in the Everyday Policing of Johannesburg
AvJulia Hornberger
Inbunden, Engelska, 2011
2 434 kr
Skickas inom 10-15 vardagar
Policing and Human Rights analyses the implementation of human rights standards, tracing them from the nodal points of their production in Geneva, through the board rooms of national police management and training facilities, to the streets of downtown Johannesburg. This book deals with how the unprecedented influence of human rights, combined with the inability by police officers to ‘live up’ to international standards, has created a range of policing and human rights vernaculars – hybrid discourses that have appropriated, transmogrified and undercut human rights. Understood as an attempt by police officers, as much as by the police as a whole, to recover a position from which to act and to judge, these vernaculars reveal the compromised ways in which human rights are – and are not – implemented. Tracing how, in South Africa, human rights have given rise to new forms of popular justice, informal ‘private’ policing and provisional security arrangements, Policing and Human Rights delivers an important analysis of how the dissemination and implementation of human rights intersects with the post-colonial and post-transformation circumstances that characterise many countries in the South.
Governance through Development
Poverty Reduction Strategies, International Law and the Disciplining of Third World States
AvCeline Tan
Häftad, Engelska, 2012
807 kr
Skickas inom 10-15 vardagar
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 nature of north-south relations. Governance through Development documents and analyses this change within the legacy of postcolonial economic relations, revealing the wider legal, economic and geo-political significance of the PRSP framework. Celine Tan argues that the PRSP framework establishes a new regulatory regime that builds upon the disciplinary project of structural adjustment by embedding neoliberal economic conditionalities within a regime of domestic governance and public policy reform.The book will be of interest to scholars, researchers and students of law, political science and international relations, sociology and development studies.
Lawyers and the Rule of Law in an Era of Globalization
AvYves Dezalay,Bryant Garth
Häftad, Engelska, 2012
755 kr
Skickas inom 10-15 vardagar
Lawyers and the Rule of Law in an Era of Globalization focuses on the national and transnational processes transforming both the rule of law and the role of lawyers. Drawing on detailed empirical work, the contributors all examine the relationship between law, politics, and the state; focusing on lawyers and the social capital they posses and deploy, in order to understand the efficacy of the rule of law in different polities.
Justice and Security Reform
Development Agencies and Informal Institutions in Sierra Leone
AvLisa Denney
Inbunden, Engelska, 2014
2 386 kr
Skickas inom 10-15 vardagar
Justice and Security Reform: Development Agencies and Informal Institutions in Sierra Leone undertakes a deep contextual analysis of the reform of the country’s security and justice sectors since the end of the civil war in 2002. Arguing that the political and bureaucratic nature of development agencies leads to a lack of engagement with informal institutions, this book examines the challenges of sustainably transforming security and justice in fragile states. Through the analysis of a post-conflict context often held up as an example of successful peacebuilding, Lisa Denney reveals how the politics of development agencies is an often forgotten constraint in security and justice reform and development efforts more broadly.Particularly suited to upper-level undergraduates and postgraduate students, as well as practitioners, this book is relevant to those interested in security and justice reform and statebuilding, as well Sierra Leone’s post-conflict recovery.
From the Global to the Local
How International Rights Reach Bangladesh's Children
AvAndrea Schapper
Inbunden, Engelska, 2013
2 227 kr
Skickas inom 10-15 vardagar
From the Global to the Local develops a unique perspective on human rights governance in developing countries, where the state often lacks the required resources, capacities and expertise for implementing rights. Considering how rights that have been agreed upon in the global arena of world politics are locally implemented, this book then specifically explores how they reach the local children of Bangladesh’s urban slums and poor rural areas. Andrea Schapper combines an analytical framework grounded in international relations scholarship on global governance with empirical field research methods that have their basis in sociology and anthropology. Utilising this methodology, the book examines three principles that represent a global consensus on children’s rights (the protection of children from the worst forms of child labor, providing them with primary education, and delivering basic health care services to them) to illuminating the need for local and contextual solutions to transnational issues. Exploring such concerns with vigor, this book fills a gap in the study of human rights implementation and protection and will thus be of immense interest to students of Law, of International Relations and of Development Studies.
State Violence and Human Rights
State Officials in the South
AvSteffen Jensen,Andrew Jefferson
Häftad, Engelska, 2011
665 kr
Skickas inom 10-15 vardagar
State Violence and Human Rights addresses how legal practices – rooted in global human rights discourse or local demands – take hold in societies where issues of state violence remain to be resolved. Attempts to make societies accountable to human rights norms regularly draw on international legal conventions governing state conduct. As such, interventions tend to be based on inherently normative assumptions about conflict, justice, rights and law, and so often fail to take into consideration the reality of local circumstances, and in particular of state institutions and their structures of authority. Against the grain of these analyses, State Violence and Human Rights takes as its point of departure the fact that law and authority are contested. Grounded in the recognition that concepts of rights and legal practices are not fixed, the contributors to this volume address their contestation 'in situ'; as they focus on the everyday practices of state officials, non-state authorities and reformers. Addressing how state representatives – the police officer, the prison officer, the ex-combatant militia member, the hangman and the traditional leader – have to negotiate the tensions between international legal imperatives, the expectations of donors, the demands of institutions, as well as their own interests, this volume thus explores how legal discourses are translated from policy into everyday practice.
Justice Reform and Development
Rethinking Donor Assistance to Developing and Transitional Countries
AvLinn A. Hammergren
Inbunden, Engelska, 2014
2 227 kr
Skickas inom 10-15 vardagar
This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries’ experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.
Policing and the Politics of Order-Making
AvPeter Albrecht,Helene Maria Kyed
Inbunden, Engelska, 2014
2 421 kr
Skickas inom 10-15 vardagar
This anthology explores the political nature of making order through policing activities in densely populated spaces across Africa, Asia and Latin America. Based on ethnographic research, the chapters analyze this complex with respect to marginalized young men in Haiti, community policing members and national politicians in Swaziland as well as other individual and collective actors engaged in policing and politics in Indonesia, Swaziland, Ghana, South Africa, Mexico, Bolivia, Haiti and Sierra Leone. What these contexts have in common is a plurality of order-making practices. Not one institution monopolizes the means of violence or a de facto sovereign position to do so. A number of interests are played out simultaneously, entailing re-negotiations over the very definition of what ‘order’ is. How and by whom a particular order is enforced is contested, at times violently so, and is therefore inherently political. In the existing literature on weak states, legal pluralism and policing in the Global South it is seldom made explicit that making order is a route to power and positions of political decision-making. It is this gap in the literature that this anthology fills, as it analyses the politics at stake in processes of order-making.
Lawyers and the Construction of Transnational Justice
AvYves Dezalay,Bryant Garth
Häftad, Engelska, 2012
821 kr
Skickas inom 10-15 vardagar
Lawyers and the Construction of Transnational Justice will show students and scholars what it means in practice to talk about building transnational justice � both on the side of economic regulation and on the side of human rights and humanitarian law. It links national and transnational processes, tracing the activities of lawyers with their successful and less successful strategies to build institutions and credibility for a transnational legal field. Examples include developments in international criminal justice, including the unsuccessful quest to establish universal jurisdiction for the prosecution of human rights violators; the very successful efforts to build transnational trade and intellectual property regimes; and the relative success in building a European legal field. The introductory and concluding chapters by the co-editors, drawing on the sociology of Pierre Bourdieu, link the chapters together and explore the possibilities for a more institutionalized and unified transnational legal field � bridging the economic and corporate side with the human rights and humanitarian side. Addressing a range of international issues, Lawyers and the Construction of Transnational Justice is a major contribution to the field of sociology of law, as well as to debates about global governance.
Social Movements, Law and the Politics of Land Reform
Lessons from Brazil
AvGeorge Meszaros
Häftad, Engelska, 2015
574 kr
Skickas inom 10-15 vardagar
Social Movements, Law and the Politics of Land Reform investigates how rural social movements are struggling for land reform against the background of ambitious but unfulfilled constitutional promises evident in much of the developing world. Taking Brazil as an example, Social Movements, Law and the Politics of Land Reform unpicks the complex reasons behind the remarkably consistent failures of its constitution and law enforcement mechanisms to deliver social justice. Using detailed empirical evidence and focusing upon the relationship between rural social struggles and the state, the book develops a threefold argument: first, the inescapable presence of power relations in all aspects of the production and reproduction of law; secondly their dominant impact on socio-legal outcomes; and finally the essential and positive role played by social movements in redressing those power imbalances and realising law’s progressive potentialities.
Land Law Reform in Eastern Africa: Traditional or Transformative?
A critical review of 50 years of land law reform in Eastern Africa 1961 – 2011
AvPatrick McAuslan
Inbunden, Engelska, 2013
2 227 kr
Skickas inom 10-15 vardagar
Land Law Reform in East Africa reviews development and changes in the statutory land laws of 7 countries in Eastern Africa over the period 1961 – 2011. The book is divided into two parts. Part 1 sets up the conceptual framework for consideration of the reforms, and pursues a contrast between transformational and traditional developments; where the former aim at change designed to ensure social justice in land laws, and the latter aim to continue the overall thrust of colonial approaches to land laws and land administration. Part 2 provides an in-depth and critical survey of the land law reforms introduced into each country during the era of land law reform which commenced around 1990. The overall effect of the reforms has, Patrick McAuslan argues, been traditional: it was colonial policy to move towards land markets, individualisation of land tenure and the demise of customary tenure, all of which characterise the post 1990 reforms. The culmination of over 50 years of working in this area, Land Law Reform in East Africa will be invaluable reading for scholars of land law, and of law and development more generally.

Law, Development and Globalization – serie

Regional Autonomy, Cultural Diversity and Differentiated Territorial Government

Transnational Law and State Transformation

Law, Development and Regulatory Globalisation

Intellectual Property Law and Access to Medicines

Limits of Law and Development

Social Movements, Law and the Politics of Land Reform

State Violence and Human Rights

Political Economy of Government Auditing

Law in the Pursuit of Development

Governance through Development

Marginalized Communities and Access to Justice

Global Perspectives on the Rule of Law

Regional Autonomy, Cultural Diversity and Differentiated Territorial Government

Gender Justice and Legal Pluralities

Lawyers and the Rule of Law in an Era of Globalization

Lawyers and the Construction of Transnational Justice

Global Perspectives on the Rule of Law

Law in the Pursuit of Development

Marginalized Communities and Access to Justice

Policing and Human Rights

Governance through Development

Lawyers and the Rule of Law in an Era of Globalization

Justice and Security Reform

From the Global to the Local

State Violence and Human Rights

Justice Reform and Development

Policing and the Politics of Order-Making

Lawyers and the Construction of Transnational Justice

Social Movements, Law and the Politics of Land Reform

Land Law Reform in Eastern Africa: Traditional or Transformative?