Mexico & Guatemala, the Legal Systems PDF Download
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Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
Author: Rebecca B. Galemba
Publisher:
ISBN: 9780804799133
Category : Social Science
Languages : en
Pages : 0
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Book Description
The Mexico-Guatemala border has emerged as a geopolitical hotspot of illicit flows of both goods and people. Contraband Corridor seeks to understand the border from the perspective of its long-term inhabitants, including petty smugglers of corn, clothing, and coffee. Challenging assumptions regarding security, trade, and illegality, Rebecca Berke Galemba details how these residents engage in and justify extralegal practices in the context of heightened border security, restricted economic opportunities, and exclusionary trade policies. Rather than assuming that extralegal activities necessarily threaten the state and formal economy, Galemba's ethnography illustrates the complex ways that the formal, informal, legal, and illegal economies intertwine. Smuggling basic commodities across the border provides a means for borderland peasants to make a living while neoliberal economic policies decimate agricultural livelihoods. Yet smuggling also exacerbates prevailing inequalities, obstructs the possibility of more substantive political and economic change, and provides low-risk economic benefits to businesses, state agents, and other illicit actors, often at the expense of border residents. Galemba argues that securitized neoliberalism values certain economic activities and actors while excluding and criminalizing others, even when the informal and illicit economy is increasingly one of the poor's only remaining options. Contraband Corridor contends that security, neoliberalism, and illegality are interdependent in complex ways, yet how they unfold depends on negotiations between diverse border actors.
Author: Jorge A. Vargas
Publisher: Martinus Nijhoff Publishers
ISBN: 9004206205
Category : Law
Languages : en
Pages : 571
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Book Description
Mexico and the Law of the Sea: Contributions and Compromises examines Mexico’s legal work at the Third UN Conference on the Law of the Sea; its involvement at the regional Latin American meetings of Montevideo, Lima and Santo Domingo; and its current domestic legislation, in particular the Federal Oceans Act of 1986.
Author: William Suarez-Potts
Publisher: Stanford University Press
ISBN: 0804783489
Category : History
Languages : en
Pages : 361
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Book Description
Despite Porfirio Díaz's authoritarian rule (1877-1911) and the fifteen years of violent conflict typifying much of Mexican politics after 1917, law and judicial decision-making were important for the country's political and economic organization. Influenced by French theories of jurisprudence in addition to domestic events, progressive Mexican legal thinkers concluded that the liberal view of law—as existing primarily to guarantee the rights of individuals and of private property—was inadequate for solving the "social question"; the aim of the legal regime should instead be one of harmoniously regulating relations between interdependent groups of social actors. This book argues that the federal judiciary's adjudication of labor disputes and its elaboration of new legal principles played a significant part in the evolution of Mexican labor law and the nation's political and social compact. Indeed, this conclusion might seem paradoxical in a country with a civil law tradition, weak judiciary, authoritarian government, and endemic corruption. Suarez-Potts shows how and why judge-made law mattered, and why contemporaries paid close attention to the rulings of Supreme Court justices in labor cases as the nation's system of industrial relations was established.
Author: James G. Apple
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 84
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Book Description
Author: Deborah Isser
Publisher: US Institute of Peace Press
ISBN: 1601270666
Category : History
Languages : en
Pages : 402
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Book Description
The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "
Author: Rachel Sieder
Publisher: Springer
ISBN: 1137108878
Category : Social Science
Languages : en
Pages : 314
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Book Description
During the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.
Author: Franco Ferrari
Publisher: Walter de Gruyter
ISBN: 3866537298
Category : Law
Languages : en
Pages : 500
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Book Description
In force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is considered to be the most successful convention promoting international trade. According to many commentators, this success is due, among others, to the fact that the Convention does not directly impact on the domestic law of the various legal systems, as it applies only to international - as opposed to purely domestic - contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convention does not have any impact on the domestic law at all. This book analyzes - through 24 country reports as well as a general report submitted to the 1st Intermediate Congress of the International Academy of Comparative Law held in November 2008 in Mexico City - to what extent the Convention de facto influences domestic legal systems. In particular, the book examines the Convention's impact on the practice of law, the style of court decisions as well as the domestic legislation in the area of contract law.
Author: Jeffrey A. Segal
Publisher: Cambridge University Press
ISBN: 9780521780384
Category : Law
Languages : en
Pages : 428
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Book Description
This book examines the American legal system, including a comprehensive treatment of the U.S. Supreme Court. Despite this treatment, the 'in' from the title deserves emphasis, for it extensively examines lower courts, providing separate chapters on state courts, the US District Courts, and the US Courts of Appeals. The book analyzes these courts from a legal/extralegal framework, drawing different conclusions about the relative influence of each based on institutional structures and empirical evidence. The book is also tied together through its attention to the relationship between lower courts and the Supreme Court. Additionally, Election 2000 litigation provides a common substantive topic linking many of the chapters. Finally, it provides extended coverage to the legal process, with separate chapters on civil procedure, evidence, and criminal procedure.
Author: Miléna Santoro
Publisher: U of Nebraska Press
ISBN: 1496208676
Category : History
Languages : en
Pages : 499
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Book Description
Hemispheric Indigeneities is a critical anthology that brings together indigenous and nonindigenous scholars specializing in the Andes, Mesoamerica, and Canada. The overarching theme is the changing understanding of indigeneity from first contact to the contemporary period in three of the world's major regions of indigenous peoples. Although the terms indio, indigène, and indian only exist (in Spanish, French, and English, respectively) because of European conquest and colonization, indigenous peoples have appropriated or changed this terminology in ways that reflect their shifting self-identifications and aspirations. As the essays in this volume demonstrate, this process constantly transformed the relation of Native peoples in the Americas to other peoples and the state. This volume's presentation of various factors--geographical, temporal, and cross-cultural--provide illuminating contributions to the burgeoning field of hemispheric indigenous studies. Hemispheric Indigeneities explores indigenous agency and shows that what it means to be indigenous was and is mutable. It also demonstrates that self-identification evolves in response to the relationship between indigenous peoples and the state. The contributors analyze the conceptions of what indigeneity meant, means today, or could come to mean tomorrow.
