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2009, The Oxford International Encyclopedia of Legal History$ The Oxford International Encyclopedia of Legal History
This entry contains six subentries, an overview of South and Central American law and discussion of pre-colonial laws, Spanish colonial law, Portuguese colonial law, other colonial laws, and legal pluralism.
Universiteit Leiden and University of Genève, 2014
The fourth greater subregion in terms of area and population, South America is a place of great political, economic and social problems, ethnic and language diversity and a rich culture. The history has shown a past of fractionalization, dictatorial political regimes and as many other problems than potential to growth in future. This brief paper aims to analyze some of social, economic, ethnographical and political indexes of the region, comparing data with its North American giant neighbor, USA, to shown the disparities, singularities and pecualiarities of both South America and USA.
2023
IRIS IRIS UniSa - IRIS Institutional Research Information System IRIS Catalogo Prodotti Ricerca 1 Contributo su Rivista 1.1.2 Articolo su rivista con ISSN Latin America: The examination of a particular territory Andreotti Alessandro; 2023-01-01 Abstract The international order is made up of a set of relations between states, which have proved extremely unstable throughout history. Well, the role of the hegemonic powers appears fundamental for reordering the directives of the global establishmentthrough the establishment of diplomatic plots (Gruppi,1977).Nonetheless, the extreme variety of emerging countries and the nihilism of security that prevails in foreign policy do not always allow diplomacy to fulfill the role for which it was designated. In fact, the adoption of different political models can lead to exhausting power relations, while the excessive interference of the main actors can generate subordination and dependencia(Marini, 1993). In this regard, the object of analysis of this paper is the Latin American quadrant, a reality that has always been threatened by the US decision-making autonomy, as well as by a highly fragmented socio-institutional framework. Undoubtedly, in order to analyze the wounds (unfortunately still open) of the countries south of the Río Bravo, it is necessary to consider a broad chronological framework, dwelling on the correlations between the internal and external fractures that made South America a marginal and torn actor. The temporal register analyzed ranges from the post-war period to the present day, since, as stated by Harmer, the Cold War underwent a “Latin Americanization ", relaunching the role of the Third World as a rising star in geopolitics. It continues to play a role as a beacon of attraction and polarization both for bipolar interests and as a charismatic revolutionary hub.In addition, the extreme heterogeneity and the strong rivalry within the area have fueled that strong rift between endogenous and exogenous criticalities. This pluralism of causes has helped to write the fate of an inexorable decline for the Southern Cone (Giannattasio, 2020). In this way the work is structured in two sections: The first paragraph considers a historical-political analysis of the events that have affected South America. First, an interpretation of the relationships between the various administrations of the White House and the quadrant in question is proposed. Specifically, the change in attitudes assumed in line with a rapidly evolving international framework is highlighted. Secondly, a comparative view of internal political systems was adopted, as well as the establishment of strict dictatorships hindered by the spread of guerrilla warfare and local revolts. Thirdly, the focus is on the area's difficulty in identifying areas of autonomy to initiate forms of regionalism, with terrible social and economic consequences. Fourthly, an analysis of equalization of the relationships and interests of the new international players in the quadrant is addressed, starting from the emerging Popular Republic of China and the community bodies. In conclusion, the paper investigates the response to an enigmatic period of uncertainty that hangs over the entire global order. Especially in South America the ghosts of perplexity manifest themselves in social instabilities, further aggravated by the emergencies linked to the pandemic and the Russia-Ukraine war. In the second paragraph, first of all, a review of the drug marketing processes between the US and European markets is carried out. The two present themselves as markets that are completely distant from a geographical point of view, yet interconnected both in terms of consumption and the practices adopted. On the contrary, in the second place the theme of the fight against and contrast to the criminal phenomenon is analysed. On the one hand, what has been put in place by the European Union and the United Nations Organization by both institutions and specialized agencies is reported. On the other hand we find the commitment of individual citizens in associations, or with the support of some of the European type united by ideals of legality and social justice. In addition, the fight against crime does not only concern the fight against the commercialization of narcotic substances, but also the phenomenon of the disappeared (desaparecidos), a practice consequent to the one mentioned above.
On the occasion of the new book “Imperialismo y Derecho Internacional: Historia y Legado” and the visit of its authors Antony Anghie, Martti Koskenniemi and Anne Orford, the universities Externado, Rosario and Los Andes as well as the History Section of the Latin American Society of International Law, the Network on Rethinking International Law Teaching in Latin América (REDIAL) and the Red de Aproximaciones Postcoloniales al Derecho Internacional have joined in a collaborative effort to convene a three day symposium on “Rethinking and Renewing the Study of International Law in/from/about/ Latin America”. The event looks to address three main topics of concern: 1) the colonial/postcolonial heritage and structures of international law in the region 2) the revised or untold histories and historiography of Latin America´s international law 3) the past, present and future of teaching international law in the region and its relation to both its colonial/post-or neo colonial dimensions as well as its history and historiography.
Comparative Constitutional Law in Latin America
This working paper focuses on presenting and discussing a suitable theoretical and methodological framework for an ongoing research project designed to critically examine the dynamics between the strict legal formants and the local legal culture (meta-formants) in which the law is produced and/or implemented. Based on a previous research, which revealed the existence of a rather weak, yet historically anchoredand persistent, Constitutional Identity in the region, our current research firstly seeks to verify the existence of an analogous common legal culture/tradition among the Central American countries, by uncovering common values and regular patterns throughout the politicoconstitutional and socio-economic history of the region. Secondly, it intends to investigate to what extent these historical and ideological underpinnings (cultural formants) exert an influence on the evolution, production, scope, application, and effectiveness of the law that regulates the process of integration (communitybuilding) in the region (Constitutional and Community Law in Central America). The proposed categories of legal culture, constitutional tradition are discussed taking into consideration that although we are highlighting patterns and commonalities the research will focus on describing the dynamics (that we expect to be rather conflictive instead of harmonic) between different elements that coexist and provide the matrix in which the law is embedded. Due to the critique against the use of the concept of legal culture in a static, monolithic and orthodox understanding (and exclusively related to national legal culture) our research attempts to apply a dynamic and pluralistic notion of legal culture in post-national domains.
Universiteit Leiden and University of Genève, 2014
The fourth greater subregion in terms of area and population, South America is a place of great political, economic and social problems, ethnic and language diversity and a rich culture. The history has shown a past of fractionalization, dictatorial political regimes and as many other problems than potential to growth in future. This brief paper aims to analyze some of geographical, social and economic indexes of the region, comparing data with its North American giant neighbor, USA, to shown the disparities, singularities and pecualiarities of both South America and USA.
Regionalism has pervaded the history of Latin America. However, rather than being a linear or uniform process, it has proceeded in waves (Rosenthal, 1991). While new organizations were constructed, old ones were reconstructed and reframed to the extent that Latin American regionalism can be defined by a pluralism of regional organizations , including complementary and competing ones with overlapping memberships. This is certainly one of the most puzzling features of regionalism in Latin America, especially when compared with the experience of the European Union (EU), where long years of regional cooperation and integration and successive processes of enlargement have resulted in a single regional organization (Chapter 9 by Schimmelfennig, this volume). In addition, this rich tapestry stems from two opposing but interdependent visions of regionalism, dating back to the early years of independence but still valid today: the idea of a strong, united, and autonomous Latin America vis-à-vis a United States-(US-) led pan-Americanism (Hurrell, 1995b). Finally, as the pervasiveness and cast of regionalism changed over time, theoretical analyses were rejected or reformu-lated, and new concepts developed. The chapter starts by defining Latin America as a region, followed by an analysis of the empirical waves and theoretical debates surrounding them, while looking into the ways in which indigenous and foreign approaches have interacted. Subsequent sections delve into the drivers underlying these regional processes and their institutional design, and present an assessment of their effects and impact. The final section summarizes the findings and reviews prospects for current initiatives in Latin America.
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