Prosecutorial Accountability and Victims' Rights in Latin America

Prosecutorial Accountability and Victims' Rights in Latin America

Author: Verónica Michel

Publisher: Cambridge University Press

Published: 2018-01-18

Total Pages: 247

ISBN-13: 1108390137

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The responsibility of any state is to protect its citizens. But if a state, either through omission or commission, fails to investigate and prosecute crime then what remedies do citizens have? Verónica Michel investigates procedural rights in Chile, Guatemala, and Mexico that allow citizens to call for the appointment of a private prosecutor to initiate criminal investigations. This right diminishes the monopoly of the state over criminal prosecutions and thus offers citizens a way of insisting on state accountability. This book provides the first full-length empirical study of how the victims' right to private prosecution can impact access to justice in Latin America, and shows how institutional and legal arrangements interact to shape the politics of criminal justice. By examining homicide cases in detail, Michel highlights how everyday legal struggles can help build the rule of law from below.


Through Thin and Thick

Through Thin and Thick

Author: Ángel R. Oquendo

Publisher: Cambridge University Press

Published: 2022-06-30

Total Pages: 347

ISBN-13: 1108806953

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The book launches with examples, concrete cases, or political confrontations to explain how to conceive the safeguards at stake. It portrays these as embodying principles requiring particular actions and the implementation of policies. For instance, free speech demands permitting seemingly offensive expression plus promoting a diverse and open public debate. The work scrutinizes specific guaranties, such as those pertaining to asylum, citizenship, abortion, due process, self-determination, or the environment. It presents them as engendering problems peculiar to them. Next, the discussion dissects how precepts, like human rights and democracy, may contingently clash despite their overall commensurability. Finally, it underscores the interconnection of negative, substantive, and national entitlements with their positive, procedural, and international counterparts. Throughout, ruminations on the following questions unfold: How may courts and governments respectively contribute to actualizing the liberties at issue? How do these bear upon social justice? How may ideologically opposed states nonetheless collaborate on them?


Exploring Tort Law

Exploring Tort Law

Author: M. Stuart Madden

Publisher: Cambridge University Press

Published: 2005-09-26

Total Pages: 508

ISBN-13: 9780521851367

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This is a collection of scholarship from the most influential contributors regarding Torts law.


Environmental Law in Developing Countries

Environmental Law in Developing Countries

Author: Nazrul Islam

Publisher: IUCN

Published: 2002

Total Pages: 160

ISBN-13: 9782831706252

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This publication contains four papers on different legal issues of interest to developing countries. The papers were researched and written by four Carl Duisberg Gesellscaft (CDG) Fellows who came to Germany from Bangladesh, Venezuela, Nigeria and China to study under the host leadership of the IUCN Environmental Law Centre. Subjects chosen by these Fellows vary widely, and cover ISO 14001, access to environmental justice in Latin America, patents and plant resources-related knowledge, and law and policy of the European Union on the reduction of greenhouse gas emissions and their significance to China.


Beyond restoration ecology: social perspectives in Latin America and the Caribbean

Beyond restoration ecology: social perspectives in Latin America and the Caribbean

Author: Eliane Ceccon & Daniel Roberto Pérez

Publisher: Eliane Ceccon

Published: 2017-09-05

Total Pages: 385

ISBN-13: 9879132556

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This book invites us to reflect on the restoration of terrestrial ecosystems in the context of a region whose identity is still under construction, Latin America and the Caribbean, immersed in a social, economic, ecological and political crisis, whose roots originate historically and politically in colonialism and in the prevailing model of capital accumulation. For the first time, insights and practical experiences on restoration are gathered from most Latin-American and Caribbean countries. Furthermore, this book offers a social approach to restoration, which will likely become preponderant in this field and in this region. The authors claim that a Latin-American knowledge of restoration is under construction and that this discipline can be a significant tool to empower local populations, which might, in turn, lead to a collective action of change. Case studies from 11 countries of the region were compiled, involving multiple voices that emerge beyond generalist principles and with a bottom-up approach. The main idea of the book is to open a debate about the identity of ecological and social restoration in this region. This book is targeted to restoration specialists, volunteers, environmental managers, researchers, politicians and NGOs working on the complexity of socioecological restoration in a region with unavoidable social problems. It is intended for people with similar concerns to those of the chapters' authors. This work tries to integrate a movement on the rise, almost silent, born with its own narratives of successes and failures that do not hinder its development. Finally, the determination and commitment of Latin-American and Caribbean social actors to restore not only natural values but also social, ethical and cultural ones is remarkable.


Constitutionalism of the Global South

Constitutionalism of the Global South

Author: Daniel Bonilla Maldonado

Publisher: Cambridge University Press

Published: 2013-04-18

Total Pages: 421

ISBN-13: 1107067936

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The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.