Law and Policy in Latin America

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.

Uniquely discusses current topics geographically focused on Latin American jurisdictions from a policy perspective Includes contributions from 19 well-respected scholars across politics, law, and sociology Brings a useful social science perspective to the study of legal phenomena

Autorentext

Pedro Fortes is Associate Professor of Law at FGV Law School, Brazil, and a Public Prosecutor at the Attorney General's Office of Rio de Janeiro. Author of numerous articles on contemporary Latin American law and policy, he is the editor-in-chief of the FGV Law School series.

Larissa Boratti is a Brazilian qualified lawyer, having practiced with litigation and legal consultancy within environmental law for more than ten years (partner at Ilarraz Advogados). She is also an environmental law lecturer and researcher and is currently a PhD candidate at University College London (funded by CAPES Foundation/Brazil).

Andrés Palacios is a Colombian qualified lawyer, partner of the law firm Estudios Palacios Lleras SAS, and an expert on Antitrust law in Latin America. He has written extensively on the history of antitrust law in Latin America and antitrust theory. He is currently finishing his PhD at University College London.

Tom Gerald Daly is Associate Director ofthe Edinburgh Centre for Constitutional Law, UK, and a consultant on democracy building, public law and the rule of law. He has published widely on constitutionalism, courts and human rights protection, and is currently Consultant Editor of the Venice Commission Bulletin on Constitutional Case-Law.

Inhalt

Acknowledgements.- Preface.- Notes on Contributors.- Introduction.- Part I Courts, Constitutionalism and the Inter-American System.- 1.Brazilian Supremocracy and the Inter-American Court of Human Rights: Unpicking an Unclear Relationship; Tom Gerald Daly.- 2 Transnational Legal Process and Fundamental Rights in Latin America: How does the Inter-American Human Rights System Reshape Domestic Constitutional Rights?; Marcelo Torelly.- 3 Complying (Partially) with the Compulsory Judgments of the Inter-American Court of Human Rights; Damián González-Salzberg.- 4 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.- 5 The Evolving Relationship between Law and Development: Proposing New Tools; Helena Alviar Garcia.- 6 Transnational Legal Indicators: The Missing Link in an Era of Law and Development; David Restrepo Amariles.- 7 Institutional Bypasses in Brazil: Overcoming Ex-ante Resistance to Institutional Reforms; Mariana Prado.- Part III Institutional Challenges: Integrating Markets and Regulation.- 8 Convergence, Coordination, and Collusion in Securities Regulation: the Latin American Integrated Market (MILA); Jose Miguel Mendoza.- 9 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; Andrés 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 Falcão.- 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.- Select bibliography.