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Vol 23 No 3 March/April 2018

Book of the Month

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Scamell and Gasztowicz on Land Covenants

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Law and Policy in Latin America: Transforming Courts, Institutions, and Rights

Edited by: Pedro Fortes, Larissa Boratti, Andres Palacios Lleras, Tom Gerald Daly

ISBN13: 9781137566935
Published: January 2017
Publisher: Palgrave Macmillan
Country of Publication: UK
Format: Hardback
Price: £92.00

Despatched in 6 to 8 days.

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.

Other Jurisdictions , Latin America
Notes on Contributors

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
Damian Gonzalez-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
Andres 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 Falcao
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.