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.

Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.

This book offers an unparalleled analysis of the emerging law and economics of competition policy in Latin America. Nearly all Latin American countries now have competition laws and agencies to enforce them. Yet, these laws and agencies are relatively young. The relative youth of Latin American competition agencies and the institutional and political environment in which they operate limit the ability of agencies to effectively address anti-competitive conduct. Competition policy is a tool to overcome anti-market traditions in Latin America. Effective competition policy is critical to assisting in the growth of Latin American economies, their global competitiveness, and improving the welfare of domestic consumers. This book provides new region specific insights on how to better achieve these aims. This authoritative volume will be of particular interest to competition agencies, academics in law, economics and Latin American Studies, practitioners around the world in the areas of antitrust and competition policy, policymakers, and journalists.

Contains the results of peer reviews of the competition law and policies of Argentina, Brazil, Chile, Mexico, and Argentina.

Introduction : a paradigm shift in Latin American immigration and asylum law and policy? / David James Cantor, Luisa Feline Freier and Jean-Pierre Gauci --. - Migration policies and policymaking in Latin America and the Caribbean : lights and shadows in a region in transition / Pablo Ceriani Cernadas and Luisa Feline Freier --. - Beyond smoke and mirrors? : discursive gaps in the liberalisation of South American immigration laws / Luisa Feline Freier and Diego Acosta Arcarazo --. - Mercosur's post-neoliberal approach to migration : from workers' mobility to regional citizenship / Ana Margheritis --. - In transit : migration policy in Colombia / Beatriz Eugenia Sánchez Mojica --. - Trafficking persons within mixed migration flows in Central America / Diana Trimiño Mora --. - The migration of Haitians within Latin America : significance for Brazilian law and policy on asylum and migration / Andrea Pacheco Pacifico, Erika Pires Ramos, Carolina de Abreu Batista Claro and Nara Braga Cavalcante de Farias --. - Refugee protection in Brazil (1921-2014) : an analytical narrative of changing policies / José H. Fischel de Andrade --. - Bucking the trend? : liberalism and illiberalism in Latin American refugee law and policy / David James Cantor.