The Struggle For Law And Rights Dejusticia S Fifteen Plus Years Working Toward Socioenvironmental Justice And The Rule Of Law
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The Struggle for Law and Rights: Dejusticia's Fifteen-Plus Years Working toward Socioenvironmental Justice and the Rule of Law by Uprimny Yepes, Rodrigo,Newman Pont, Vivian Pdf
This book features two presentations by Rodrigo Uprimny and Vivian Newman, both former directors of Dejusticia, that were delivered in 2020 to mark the occasion of the Tang Prize that was bestowed on Dejusticia that year. The first presentation explores Dejusticia’s relationship with the rule of law. It examines the differences between Dejusticia and other civil society organizations, as well as the action-research methodology that characterizes Dejusticia’s work and allows the organization to connect with the reality around us. It then discusses the role of the rule of law in contemporary society, where urgent social change is needed, and concludes with a discussion of the challenges that organizations such as Dejusticia have dealt with in the past and must tackle in the future. The second presentation explores the potential and limits of one of Dejusticia’s main tools: strategic litigation as an instrument for social and environmental justice. It offers examples of victories achieved by Dejusticia and its allies using litigation and offers some lessons learned during the organization’s fifteen-plus years using the law to change lives.
Seeking Human Rights Justice in Latin America by Jeffrey Davis Pdf
This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Their struggles show that legal justice is a multifaceted process, the overarching purpose of which is to restore human dignity and prevent further violence. Uncovering, revealing, and proving the truth are essential elements of legal justice, and are also powerful tools to activate the process. When faced with stubborn impunity at home, victims, families, and advocates can carry on their work for legal justice by bringing cases in courts in other countries or in the Inter-American human rights system. These extra-territorial courts can jumpstart the process of legal justice at home. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.
The World Bank Legal Review, Volume 5 by Hassane Cisse,N. R. Madhava Menon,Marie-Claire Cordonier Segger,Vincent O. Nmehielle Pdf
This volume explores the potentially transformative role of effective laws and legal institutions in providing people with more opportunity that is both inclusive and equitable.
The Environmental Rights Revolution by David R. Boyd Pdf
The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Cultures of Legality by Javier Couso,Alexandra Huneeus,Rachel Sieder Pdf
Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.
Adat and Indigeneity in Indonesia - Culture and Entitlements Between Heteronomy and Self-Ascription by Brigitta Hauser-Schäublin Pdf
A number of UN conventions and declarations (on the Rights of Indigenous Peoples, the Protection and Promotion of the Diversity of Cultural Expressions and the World Heritage Conventions) can be understood as instruments of international governance to promote democracy and social justice worldwide. In Indonesia (as in many other countries), these international agreements have encouraged the self-assertion of communities that had been oppressed and deprived of their land, especially during the New Order regime (1966-1998). More than 2,000 communities in Indonesia who define themselves as masyarakat adat or “indigenous peoples” had already joined the Indigenous Peoples' Alliance of the Archipelago” (AMAN) by 2013. In their efforts to gain recognition and selfdetermination, these communities are supported by international donors and international as well as national NGOs by means of development programmes. In the definition of masyarakat adat, “culture” or adat plays an important role in the communities' self-definition. Based on particular characteristics of their adat, the asset of their culture, they try to distinguish themselves from others in order to substantiate their claims for the restitution of their traditional rights and property (namely land and other natural resources) from the state. The authors of this volume investigate how differently structured communities - socially, politically and religiously - and associations reposition themselves vis-à-vis others, especially the state, not only by drawing on adat for achieving particular goals, but also dignity and a better future.
Promessas Não Cumpridas by Inter-American Dialogue (Organization),Catalina Botero,Laura Chinchilla,Ana Covarrubis,Augusto de la Torre,Alain Ize,Andrés Malamud,George Gray Molina,Robert Muggah Pdf
The volume takes a broad view of recent social, political, and economic developments in Latin America. It contains six essays, focused on salient and cross-cutting themes, that try to construct a thread or narrative about the highly diverse region, highlighting its main idiosyncrasies and analyzing where it might be headed in coming years. While the essays recognize considerable advances, they also point out setbacks and missed opportunities that have stood in the way of sustained progress. Strengthening state capacity emerges as a significant challenge.
A Theory of Ecological Justice by Brian Baxter Pdf
In A Theory of Ecological Justice, Baxter argues for ecological justice - that is, for treating species besides homo sapiens as having a claim in justice to a share of the Earth's resources. It explores the nature of justice claims as applied to organisms of various degrees of complexity and describes the institutional arrangements necessary to integrate the claims of ecological justice into human decision-making.
Originally published in 2012, Dignity Rights is the first book to explore the constitutional law of dignity around the world. In it, Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies. This updated edition features a new preface by the author, in which she articulates how, over the past decade, dignity rights cases have evolved to incorporate the convergence of human rights and environmental rights that we have seen at the international level and in domestic constitutions.
Transnational Organized Crime by Heinrich-Böll-Stiftung,Regine Schönenberg Pdf
Transnational organized crime interferes with the everyday lives of more and more people - and represents a serious threat to democracy. By now, organized crime has become an inherent feature of economic globalization, and the fine line between the legal and illegal operation of business networks is blurred. Additionally, few experts could claim to have comprehensive knowledge and understanding of the laws and regulations governing the international flow of trade, and hence of the borderline towards criminal transactions. This book offers contributions from 12 countries around the world authored by 25 experts from a wide range of academic disciplines, representatives from civil society organizations and private industry, journalists, as well as activists. Recognizing the complexity of the issue, this publication provides a cross cultural and multi-disciplinary analysis of transnational organized crime including a historical approach from different regional and cultural contexts.
The Environmentalism of the Poor by Joan Martínez-Alier Pdf
This is a wonderful book rich in empirical detail, full of theoretical insights, offering hope in a bleak world, altogether inspiring. . . a tremendous achievement of having helped to create the disciplines of ecological economics and political ecology, bringing them alive in this book, and making their insights available to the developing worldwide movement for environmental justice. Pat Devine, Environmental Values Any book by the ecological economist Joan Martinez-Alier is a Big Publishing Event. . . this is a book by a writer who loves his subject, knows it well, respects its history, and is driven by the desire to do justice. These are qualities enough to send you to the bookshop or the library in search of The Environmentalism of the Poor. Andrew Dobson, Environment Politics The book is a worthy and in-depth contribution to debates about political ecology and ecological economics. It should be read by all environmental and ecological economists who wish to make their analysis more relevant. Tim Forsyth, Progress in Development Studies A marvellous combination of insight, research and activism. . . A must-read for policymakers, practitioners and academics alike, and for anyone concerned with sustainable development, environmentalism or poverty alleviation. Human Ecology Journal . . . one of the most important environmental books to have been published recently. Martinez-Alier integrates two of the most significant areas of environmental theory political ecology and ecological economics. Eurig Scandrett, Friends of the Earth Scotland The book has three main strengths: its bibliography, which is extensive; the global perspective on the environmental movement and the relationship with poverty; and the general theme of this interdisciplinary work, which is not so much to provide new information, but to consider the existing information in a new light. Martinez-Alier is to be commended for taking such a step in the literature . . . the writing style is extremely approachable . . . Recommended. B.J. Peterson, Choice [Joan] Martinez-Alier combines the honest discipline of a scholar with the passionate energy of an activist. The result, The Environmentalism of the Poor, is highly recommended! Herman E. Daly, University of Maryland, College Park, US The Environmentalism of the Poor has the explicit intention of helping to establish two emerging fields of study political ecology and ecological economics whilst also investigating the relations between them. The book analyses several manifestations of the growing environmental justice movement , and also of popular environmentalism and the environmentalism of the poor , which will be seen in the coming decades as driving forces in the process to achieve an ecologically sustainable society. The author studies, in detail, many ecological distribution conflicts in history and at present, in urban and rural settings, showing how poor people often favour resource conservation. The environment is thus not so much a luxury of the rich as a necessity of the poor. It concludes with the fundamental questions: who has the right to impose a language of valuation and who has the power to simplify complexity? Joan Martinez-Alier combines the study of ecological conflicts and the study of environmental valuation in a totally original approach that will appeal to a wide cross-section of academics, ecologists and environmentalists.
Neo-extractivism in Latin America by Maristella Svampa Pdf
This Element analyses the political dynamics of neo-extractivism in Latin America. It discusses the critical concepts of neo-extractivism and the commodity consensus and the various phases of socio-environmental conflict, proposing an eco-territorial approach that uncovers the escalation of extractive violence. It also presents horizontal concepts and debates theories that explore the language of Latin American socio-environmental movements, such as Buen Vivir and Derechos de la Naturaleza. In concluding, it proposes an explanation for the end of the progressive era, analyzing its ambiguities and limitations in the dawn of a new political cycle marked by the strengthening of the political rights.
