Latin American international law in the twenty-first century / edited by Alejandro Chehtman, Alexandra Huneeus, Sergio Puig.

Format:

Book

Contributor:

Chehtman, Alejandro, editor.

Huneeus, Alexandra, 1967- editor.

Puig, Sergio (Law teacher), editor.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

International law--Latin America.

International law.

Physical Description:

1 online resource (691 pages)

Edition:

1st ed.

Place of Publication:

New York, NY : Oxford University Press, [2025]

Summary:

Latin America has been a pivotal site for influential & innovative developments in international law since the colonial era. Throughout much of the 20th century, Latin American politics were entangled with the political & economic interests of the US. Today, as the global order shifts, scholars & legal practitioners are grappling with the current restructuring & potential transformation of international relations - & what this means for international law in the region. This collection of essays brings together a group of highly regarded scholars to present a broad survey of Latin America's approaches & contributions, historically & presently, to the field of international law. Comprehensive, diverse, & multidisciplinary, the book covers recent developments in areas like environmental regulation, internet regulation, Indigenous rights, LGBTIQ rights, & public health, among others.

Contents:

Cover

Half Title

Title Page

Copyright Page

Dedication

Contents

Acknowledgments

List of Contributors

Abbreviations

Introduction to Latin American International Law

I. Introduction

II. Why Revisit These Questions Now?

III. Twenty-First-Century Latin American International Law: Myriad Perspectives and Projects

IV. On the Cover

PART I History

1 The Spanish American Concordats (1821-1875)

II. Problems of Religious Governance in the Early Republics

III. The Concordat Wave under Pope Pius IX

IV. Failed Negotiations

V. Conclusion

2 Early Internationalists: Bello, Calvo, and Álvarez and Beyond

II. Bello, Calvo, and Álvarez and beyond: Context and Contribution

III. Correcting Neglect

IV. Conclusions and Legacies

3 Nonintervention, Nonrecognition, and the Articulation of a Mexican Doctrine of International Law: Assessing the Contribution of Isidro Fabela and Genaro Estrada

II. The Mexican Stance on Nonintervention in the Interwar Period

III. The Recognition of Governments: The Estrada Doctrine and the Core of Mexican Foreign Policy

IV. The Mexican Doctrine in International Law and Anti-Imperialism

V. Final Remarks: The Limits and Challenges of the Mexican Doctrine of International Law

4 The Montevideo Convention and Its Predecessors

II. Early Latin American Initiatives for Consolidating the Principles of Nonintervention and Sovereign Equality

III. The Mexican Constitution of 1917 and the Consolidation of a Latin American Legal Anti-Interventionist Approach

IV. The Montevideo Convention and Its Impact on the Liberal International Order

V. Conclusion: The Montevideo Convention and the Latin American Politics of International Law

5 Turning International Law against Indigenous Peoples.

I. Introduction

II. La cuestión de Arauco

III. Extending Law's Empire into Savage Territory

IV. Status Quo, a Gradual and Civilized Occupation

V. Occupation, with the Force of the Law

VI. Treading Carefully with Indigenous Peoples

VII. Not Minorities, but Assimilated Citizens

VIII. Conclusion

6 Latin American and Caribbean Contributions to Human Rights Law

II. The 1940s: Latin America and the Early Years of Human Rights at the United Nations

III. From the American Declaration of the Rights and Duties of Man to the Universal Declaration of Human Rights

IV. The 1960s: Jamaica and the Quest for an International Human Rights Protection System

V. Conclusions

PART II Theories and Methods

7 Interdisciplinarity and LAIL: The Case of International Economic Law

II. Methods and International Economic Law

Law and Economics

Political Science and the Political Economy of Law

Sociology of Law

Anthropology of Law

History and Critical Theory

III. Interdisciplinarity and International Economic Law

Investment

Trade and IP

Finance

Business and Human Rights

IV. Interdisciplinarity and Latin American International Law

The Effect of Interdisciplinarity on IEL

The Effect of IEL on the Method

8 Law and Development in/from Latin America

II. Difference in Law and Development: Dependency Theory

III. Dominance in Law and Development: De Soto's Property Rights and Bureaucratic Reforms

IV. Disruption in Law and Development: Conditional Cash Transfers in Brazil and Mexico

9 Technoscientific Thought and International Law in Latin America

II. Latin America as a Technological Desert

Law and Modernization in the Technological Desert.

Latin American Structuralism, and the Effort to Manage the Distributive Effects of Technology

Structuralism, Technology, and the Law

III. New Technoscientific Imaginaries: The "Pensamiento latinoamericano en ciencia tecnología y sociedad"

PLACTS and the Law

International law and PLACTS

IV. Conclusion: Reconnecting law and Latin American technological thought

10 Critical Approaches to International Law in Latin America

II. TWAIL in Latin America

General Questions

Conceptual Questions

History

Specific Questions

Sovereignty and Jurisdiction

Environment

Human Rights

Sources

III. Legal Pluralism

IV. Conclusion

11 Feminisms and International Law in Latin America: The Dispute over Protection of Women's Rights in the Inter-American Human Rights System

II. The IACtHR Ruling in Vicky Hernandez et al. v. Honduras," and Its Partial Dissents

III. Gender, the Political Subject of Feminism, and Its Legal Translation

IV. The Dispute over the Interpretation of Legal Categories by feminism as a Conclusion

12 Democracy, Legitimacy, and Authority in International Courts

II. The Democratic Problem

III. On the (Particularly Weak) Democratic Legitimacy of International Tribunals

IV. Comparing the Democratic Legitimacy of National and International Courts

V. From Democratic Legitimacy to the Authority of International Courts: The "Deference" and the "Interference" Approach

VI. Rejecting Pure Interfering or Deferential Approaches: The Depth and Breadth of Democracy

VII. Final Words

13 Positivism and Latin American Developments in International Law

II. Uti possidetis

III. The Calvo Doctrine

IV. Codification of International Law at the Pan-American Conferences.

V. The Creation of the Exclusive Economic Zone

PART III Institutions and Practice

14 The Latin American States and the Peaceful Settlement of Disputes before the International Court of Justice: Toward Confidence as the Contemporary Pattern

II. 1946 to 1958: The Genesis of a New Relationship

III. 1959 to 1983: Absentia

The ICJ as a Friendly Scenario for Understanding and Reconciliation

The Pact of Bogotá

IV. 1984 until Today: Confidence in the ICJ for the Settlement of the Most Important Disputes

15 International Humanitarian Law in Latin America: The Role of Truth Commissions

II. The Role of Truth Commissions in Latin America in the Classification of Situations of Violence and Applicability of IHL

III. Cases in which the Existence of an Armed Conflict Is Not Addressed: Argentina and Chile

Argentina's National Commission on Disappearance of Persons (Comisión Nacional sobre la Desaparición de Personas, or CONADEP)

Chile's National Truth and Reconciliation Commission

IV. Cases of Recognition of NIAC by Truth Commissions: El Salvador, Guatemala, and Peru

The Commission on the Truth for El Salvador

Guatemala's Commission for Historical Clarification

The Peruvian Truth and Reconciliation Commission

V. When Conflict Is Recognized without the Need for a Commission: Colombia

VI. The Role of Truth Commissions' Reports in the Inter-American Human Rights System

VII. Final Considerations

16 The Dynamic Relationship between Latin American Legal Professionals and International Law: Two Contemporary Examples

I. The Long-Standing Importance of International Law in Latin America: From Classroom to Courtroom

II. The Growth of International Law Practitioners in Latin America

III. The Rise of International Dispute Resolution Lawyers in Latin America.

IV. Legal Clinics as Breeding Ground for International Law Practitioners in Latin America

International Access to Justice in Latin America

17 Education in International Law in Latin America

II. The Colonial Rule (1492-1799)

III. Emancipation: International Law in the Building of the New States (1810-1880)

IV. Latin America in International Society (1889-1945)

V. The New Legal and Political Order: Imitation

Contestation

Association (1945-1998)

VI. From Globalization to Current Times

VII. Concluding Remarks

18 Local Politics and Regional Rights: Reflections on Comparative International Law in the Americas

II. Mapping the Landscape of the Comparative International Law of Human Rights in Latin America

III. Comparative International Law and Human Rights in Action: Three Examples

Same-Sex Marriage: (Relative) Regional Consensus

Socioeconomic Rights: The "Catalytic" Function of Domestic Courts

Prior Indigenous Consultation: Divergence and Resistance

IV. Implications

19 The Human Rights Institutions of Latin America

II. Latin America and the Idea of Human Rights

III. The Regional System for the Protection of Rights

IV. International Law as Constitutional Law

V. Constitutional Law as International Law

VI. A Latin American Common Law?

VII. Conclusion

PART IV New Doctrines

20 Contributions of Latin America to International Law: Reparations for Human Rights Violations

II. Development of the Law of Reparations

III. The Evolution of the Law of Reparation within the Inter-American System

IV. Reparation in Other International Adjudicatory Bodies

V. Reparations as the Right of the Victims.

VI. The Value of Reparations in the Inter-American System and the Question of Implementation.

Notes:

Includes bibliographical references and index.

Description based on online resource and publisher information; title from PDF title page (viewed on January 17, 2025).

ISBN:

9780197753996

019775399X

9780197754009

0197754007

9780197754016

0197754015

OCLC:

1484917937