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Law and Policy in Latin America

Part of the St Antony's Series Book Series

Editors: Fortes, Pedro; Boratti, Larissa; Palacios Lleras, Andrés; Gerald Daly, Tom

DOI: 10.1057/978-1-137-56694-2

ISBN: 978-1-137-56693-5

Publisher: Palgrave Macmillan UK - Springer Journals

Dec 23, 2016

1 - 10 of 19 Chapters

LitStream

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

Daly, Tom Gerald

Pages: 3 –20

[Existing literature on the Inter-American Human Rights System generally portrays an evolving transnational community of courts, with domestic apex courts and the Inter-American Court of Human Rights engaged in a shared and mutually reinforcing enterprise to vindicate rights and curb the...
LitStream

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

Torelly, Marcelo

Pages: 21 –38

[How does the transnational legal process, based on international human rights law, affect domestic constitutional law? This chapter analyses how domestic constitutional regimes interact with the Inter-American Human Rights System. It argues that structural transformations in international law...
LitStream

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

González-Salzberg, Damián

Pages: 39 –56

[This chapter is about states’ compliance with the judgments of the Inter-American Court of Human Rights. The low level of overall compliance with the Court’s rulings (just above 10 % by the end of 2013) has become the focus of increasing academic attention. This chapter offers a comprehensive...
LitStream

Media Representations of the Inter-American System of Human Rights

Gil, Diego; Garcia, Rolando; Friedman, Lawrence M.

Pages: 57 –73

[In contemporary society, the media have a powerful influence on the legitimacy of governmental institutions, including courts. This pilot study presents original data on newspaper coverage of the Inter-American System in several Latin American countries. The analysis shows that, in general,...
LitStream

The Evolving Relationship Between Law and Development: Proposing New Tools

Alviar, Helena

Pages: 77 –93

[The relationship between law and economic development continues to be an elusive topic, with three general approaches discernible (the purely instrumentalist approach, the instrumentalist law-centred approach and the dynamic approach). This chapter argues that there is a range of interactions...
LitStream

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

Amariles, David Restrepo

Pages: 95 –111

[This chapter explores the origins of legal indicators in contemporary law and development policy. In particular, it shows that as law progressively became a substantive field of development policy, it also became increasingly shaped and disciplined, alongside other developmental fields, by...
LitStream

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

Prado, Mariana Mota

Pages: 113 –128

[A reform strategy that may help reformers to overcome resistance to institutional change is an ‘institutional bypass’. An institutional bypass does not try to modify, change or reform existing institutions. Instead, it creates a new pathway that aims to be more efficient and/or functional than...
LitStream

Convergence, Coordination and Collusion in Securities Regulation: The Latin American Integrated Market

Mendoza, Jose Miguel

Pages: 131 –147

[The underdevelopment of Latin American capital markets has been tied to the dominance of grupos, family-controlled business groups that extract significant rents from existing institutional arrangements. Although the grupos have driven economic development in the region, they also have powerful...
LitStream

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

Bernal-Bermudez, Laura

Pages: 149 –166

[This chapter uses Colombia as a case study to explore some of the patterns in the use and outcomes of judicial remedy mechanisms. It looks at the global regulatory framework where these mechanisms are embedded, and uses descriptive statistics to explore hypotheses extracted from different sets...
LitStream

Multiple Strategies of Financial Regulation Adopted in the Colombian Securities Market: The Case of Over-the-Counter Derivatives

Barrera, Ligia Catherine Arias

Pages: 167 –183

[This chapter aims to open up the discussion about the different and often inconsistent strategies of regulation adopted in the Colombian securities market. It explores the case of the legal regime governing the over-the-counter derivatives market. The core of the debate is to identify the...

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