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Justice Reform and Development

Justice Reform and Development Author Linn A. Hammergren
ISBN-10 9781317810254
Release 2014-04-29
Pages 278
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This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries’ experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.



Hybridity Law Culture and Development

Hybridity  Law  Culture and Development Author Nicolas Lemay-Hébert
ISBN-10 9781317202899
Release 2017-02-17
Pages 344
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Bringing together leading academics from different cultural and scholarly horizons, this book revisits legal hermeneutics by making particular reference to philosophy, sociology and linguistics. On the assumption that theory has much to teach law – that theory motivates and enables – the writings of such intellectuals as Martin Heidegger, Hans-Georg Gadamer, Jacques Derrida, Paul Ricœur, Giorgio Agamben, Jürgen Habermas, Ronald Dworkin and Ludwig Wittgenstein receive special consideration. As it explores the matter of reading the law, enquiring into the emergence of meaning within the dynamic between reader and text, against the background of the reader’s worldly finiteness, this collection of essays contributes to an improved appreciation of the merits and limits of law’s hermeneutics; which, it argues, is emphatically not to be reduced to a simple tool for textual exegesis.



Regional Autonomy Cultural Diversity and Differentiated Territorial Government

Regional Autonomy  Cultural Diversity and Differentiated Territorial Government Author Roberto Toniatti
ISBN-10 9781135070014
Release 2017-04-21
Pages 334
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First published in 2014. Routledge is an imprint of Taylor & Francis, an informa company.



Envisioning Reform

Envisioning Reform Author Linn Hammergren
ISBN-10 0271047992
Release 2010-11-01
Pages
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Judicial reform became an important part of the agenda for development in Latin America early in the 1980s, when countries in the region started the process of democratization. Connections began to be made between judicial performance and market-based growth, and development specialists turned their attention to &“second generation&” institutional reforms. Although considerable progress has been made already in strengthening the judiciary and its supporting infrastructure (police, prosecutors, public defense counsel, the private bar, law schools, and the like), much remains to be done. Linn Hammergren&’s book aims to turn the spotlight on the problems in the movement toward judicial reform in Latin America over the past two decades and to suggest ways to keep the movement on track toward achieving its multiple, though often conflicting, goals. After Part I&’s overview of the reform movement&’s history since the 1980s, Part II examines five approaches that have been taken to judicial reform, tracing their intellectual origins, historical and strategic development, the roles of local and international participants, and their relative success in producing positive change. Part III builds on this evaluation of the five partial approaches by offering a synthetic critique aimed at showing how to turn approaches into strategies, how to ensure they are based on experiential knowledge, and how to unite separate lines of action.



The Dac Guidelines

The Dac Guidelines Author
ISBN-10 9789264195042
Release 2001-01-01
Pages 71
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The DAC Guidelines on Strengthening Trade Capacity for Development have been prepared on the basis of an emerging international consensus and understanding of how the international community can work together more effectively. They intend to help developing countries enhance their capacity to trade and participate more effectively in the international rule-making and institutional mechanisms that shape the global trading system. They also provide a common reference point for the trade, aid and finance communities, putting trade capacity building in the context of comprehensive approaches to development and poverty reduction.



Regionalism and Globalization in East Asia

Regionalism and Globalization in East Asia Author Mark Beeson
ISBN-10 9781137332370
Release 2014-01-27
Pages 336
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This book examines the distinctive evolution of the political and economic relationships of East Asia. It does this by placing East Asian development in the unique historical circumstances that have underpinned its rise to power over the last few decades. This detailed analysis provides the basis for an assessment of a unified East Asian region.



The Third Wave

The Third Wave Author Samuel P. Huntington
ISBN-10 9780806186047
Release 2012-09-06
Pages 384
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Between 1974 and 1990 more than thirty countries in southern Europe, Latin America, East Asia, and Eastern Europe shifted from authoritarian to democratic systems of government. This global democratic revolution is probably the most important political trend in the late twentieth century. In The Third Wave, Samuel P. Huntington analyzes the causes and nature of these democratic transitions, evaluates the prospects for stability of the new democracies, and explores the possibility of more countries becoming democratic. The recent transitions, he argues, are the third major wave of democratization in the modem world. Each of the two previous waves was followed by a reverse wave in which some countries shifted back to authoritarian government. Using concrete examples, empirical evidence, and insightful analysis, Huntington provides neither a theory nor a history of the third wave, but an explanation of why and how it occurred. Factors responsible for the democratic trend include the legitimacy dilemmas of authoritarian regimes; economic and social development; the changed role of the Catholic Church; the impact of the United States, the European Community, and the Soviet Union; and the "snowballing" phenomenon: change in one country stimulating change in others. Five key elite groups within and outside the nondemocratic regime played roles in shaping the various ways democratization occurred. Compromise was key to all democratizations, and elections and nonviolent tactics also were central. New democracies must deal with the "torturer problem" and the "praetorian problem" and attempt to develop democratic values and processes. Disillusionment with democracy, Huntington argues, is necessary to consolidating democracy. He concludes the book with an analysis of the political, economic, and cultural factors that will decide whether or not the third wave continues. Several "Guidelines for Democratizers" offer specific, practical suggestions for initiating and carrying out reform. Huntington's emphasis on practical application makes this book a valuable tool for anyone engaged in the democratization process. At this volatile time in history, Huntington's assessment of the processes of democratization is indispensable to understanding the future of democracy in the world.



Justice and Security Reform

Justice and Security Reform Author Lisa Denney
ISBN-10 9781136000249
Release 2014-01-10
Pages 208
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Justice and Security Reform: Development Agencies and Informal Institutions in Sierra Leone undertakes a deep contextual analysis of the reform of the country’s security and justice sectors since the end of the civil war in 2002. Arguing that the political and bureaucratic nature of development agencies leads to a lack of engagement with informal institutions, this book examines the challenges of sustainably transforming security and justice in fragile states. Through the analysis of a post-conflict context often held up as an example of successful peacebuilding, Lisa Denney reveals how the politics of development agencies is an often forgotten constraint in security and justice reform and development efforts more broadly. Particularly suited to upper-level undergraduates and postgraduate students, as well as practitioners, this book is relevant to those interested in security and justice reform and statebuilding, as well Sierra Leone’s post-conflict recovery.



Women and Globalization

Women and Globalization Author Delia D. Aguilar
ISBN-10 UVA:X004772901
Release 2004
Pages 427
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Despite promises from Western policymakers that capitalist globalization will eventually improve the economic welfare of all nations, in actuality the process has resulted so far in the enrichment of the few at the expense of the many. One decidedly negative trend is that globalization has created a new international working class—a female proletariat consigned to the lowest-paid and least-secure jobs with the worst working conditions. From the maquiladoras in Mexico to assembly plants and export processing zones in Central America, the Caribbean, and the Pacific Rim, to subcontractors and garment sweatshops in major cities and in nations on the periphery, it is women’s labor that guarantees maximum profitability for the corporate elite, a tiny minority of the world’s inhabitants. This collection of revealing articles shows the reality of globalization as it is experienced by women workers at the bottom of society throughout the world. The contributors examine migrant domestic labor in the European Union, Malaysian women working in both industrial and service sectors, the relationship between domestic welfare reform in "First World" nations and structural adjustment as imposed on indebted nations of the "Third World," the dramatically altered labor relations among men and women in Mexico as the result of NAFTA, labor conditions in Filipino sweatshops and for overseas contract workers (mainly women), the practice of female circumcision in the Sudan, the mail-order bride industry in Taiwan, the international trade in women as "sex workers," and many other topics. An underlying theme shared by all the contributions is that prevailing feminist theory has failed to recognize the key issues of class, nation, and locality at the heart of the worldwide exploitation of women. It is only through opposition within these areas that women’s collective agency will produce substantial and enduring changes. This wide-ranging and diverse collection of informative articles is must reading for anyone concerned about the welfare of women worldwide and the deleterious effects of capitalist globalization.



Law and Society in Latin America

Law and Society in Latin America Author Cesar Rodriguez Garavito
ISBN-10 9781136002403
Release 2014-09-04
Pages 294
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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.



Making Globalization Work

Making Globalization Work Author Joseph E. Stiglitz
ISBN-10 0393066207
Release 2007-09-17
Pages 400
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"A damning denunciation of things as they are, and a platform for how we can do better."—Andrew Leonard, Salon Building on the international bestseller Globalization and Its Discontents, Joseph E. Stiglitz offers here an agenda of inventive solutions to our most pressing economic, social, and environmental challenges, with each proposal guided by the fundamental insight that economic globalization continues to outpace both the political structures and the moral sensitivity required to ensure a just and sustainable world. As economic interdependence continues to gather the peoples of the world into a single community, it brings with it the need to think and act globally. This trenchant, intellectually powerful, and inspiring book is an invaluable step in that process.



The New Law and Economic Development

The New Law and Economic Development Author David M. Trubek
ISBN-10 9781139458665
Release 2006-08-21
Pages
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This book is a collection of essays that identify and analyze a new phase in thinking about the role of law in economic development and in the practices of development agencies that support law reform. The authors trace the history of theory and doctrine in this field, relating it to changing ideas about development and its institutional practices. The essays describe a new phase in thinking about the relation between law and economic development and analyze how this rising consensus differs from previous efforts to use law as an instrument to achieve social and economic progress. In analyzing the current phase, these essays also identify tensions and contradictions in current practice. This work is a comprehensive treatment of this emerging paradigm, situating it within the intellectual and historical framework of the most influential development models since World War II.



Policing and Human Rights

Policing and Human Rights Author Julia Hornberger
ISBN-10 9781136746987
Release 2011-10-21
Pages 216
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Policing and Human Rights analyses the implementation of human rights standards, tracing them from the nodal points of their production in Geneva, through the board rooms of national police management and training facilities, to the streets of downtown Johannesburg. This book deals with how the unprecedented influence of human rights, combined with the inability by police officers to ‘live up’ to international standards, has created a range of policing and human rights vernaculars – hybrid discourses that have appropriated, transmogrified and undercut human rights. Understood as an attempt by police officers, as much as by the police as a whole, to recover a position from which to act and to judge, these vernaculars reveal the compromised ways in which human rights are – and are not – implemented. Tracing how, in South Africa, human rights have given rise to new forms of popular justice, informal ‘private’ policing and provisional security arrangements, Policing and Human Rights delivers an important analysis of how the dissemination and implementation of human rights intersects with the post-colonial and post-transformation circumstances that characterise many countries in the South.



The Political Economy of Government Auditing

The Political Economy of Government Auditing Author Carlos Santiso
ISBN-10 9781134021529
Release 2009-05-18
Pages 208
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The Political Economy of Government Auditing addresses the elusive quest for greater transparency and accountability in the management of public finances in emerging economies; and, more specifically, it examines the contribution of autonomous audit agencies (AAAs) to the fight against corruption and waste. Whilst the role of audit agencies in curbing corruption is increasingly acknowledged, there exists little comparative work on their institutional effectiveness. Addressing the performance of AAAs in emerging economies, Carlos Santiso pursues a political economy perspective that addresses the context in which audit agencies are embedded, and the governance factors that make them work or fail. Here, the cases of Argentina, Brazil and Chile are examined, as they illustrate the three – parliamentary, court and independent – models of AAAs in modern states, and their three distinct trajectories of reform, or lack of reform. Beyond Latin America, considerations on the reform of government auditing in other countries, developed and developing are also taken up as, it is argued, while institutional arrangements for government auditing matter, political factors ultimately determine the effectiveness of AAAs. Reforming AAAs, it is concluded, must consider the trajectory of state building, the role of law in public administration and the quality of governance. An important contribution to the comparative study of governance institutions, and especially those tasked with overseeing the budget and curbing corruption, The Political Economy of Government Auditing will be of interest to scholars and students of comparative politics, development studies, administrative law, and public finance; as well as to development practitioners and policy-makers in developing countries, donor governments and international institutions.



Governing Refugees

Governing Refugees Author Kirsten McConnachie
ISBN-10 9781135051341
Release 2014-04-24
Pages 200
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Refugee camps are imbued in the public imagination with assumptions of anarchy, danger and refugee passivity. Governing Refugees: Justice, Order and Legal Pluralism challenges such assumptions, arguing that refugee camps should be recognized as spaces where social capital can not only survive, but thrive. This book examines camp management and the administration of justice in refugee camps on the Thailand-Burma border. Emphasising the work of refugees themselves in coping with and adapting to encampment, it considers themes of agency, sovereignty and legal pluralism in an analysis of local governance and the production of order beyond the state. Governing Refugees will appeal to anyone with relevant interests in law, anthropology and criminology, as well as those working in the area of refugee studies.



Transnational Corporations and Development Policy

Transnational Corporations and Development Policy Author E. Rugraff
ISBN-10 9780230228412
Release 2008-12-18
Pages 321
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This volume offers a wide-reaching exploration of foreign direct investment and developmental impacts through case studies from Africa, Asia, Latin America and Central Europe, also examining the role of 'new players' such as Chinese, Indian and South African TNCs.



Transitional Justice Theories

Transitional Justice Theories Author Susanne Buckley-Zistel
ISBN-10 9781135055066
Release 2013-10-30
Pages 228
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Transitional Justice Theories is the first volume to approach the politically sensitive subject of post-conflict or post-authoritarian justice from a theoretical perspective. It combines contributions from distinguished scholars and practitioners as well as from emerging academics from different disciplines and provides an overview of conceptual approaches to the field. The volume seeks to refine our understanding of transitional justice by exploring often unarticulated assumptions that guide discourse and practice. To this end, it offers a wide selection of approaches from various theoretical traditions ranging from normative theory to critical theory. In their individual chapters, the authors explore the concept of transitional justice itself and its foundations, such as reconciliation, memory, and truth, as well as intersections, such as reparations, peace building, and norm compliance. This book will be of particular interest for scholars and students of law, peace and conflict studies, and human rights studies. Even though highly theoretical, the chapters provide an easy read for a wide audience including readers not familiar with theoretical investigations.