Do human rights offer real protection when disadvantaged groups invoke them at the local level in an attempt to improve their living conditions? If so, how can we make sure that the experiences of those invoking human rights at the local level have an impact on the further development of human rights (at national and other levels) so that the local relevance of human rights increases? Since the adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948, numerous international documents have reaffirmed human rights as global norms. This book examines what factors determine whether appeals to human rights that emanate from the local level are successful, and whether the UDHR adequately responds to threats as currently defined by relevant groups or whether a revision of some of the ideas included in the UDHR is needed in order to increase its contemporary relevance.

Este libro tiene el objetivo de analizar las alternativas de política pública necesarias para la preservación de la salud de la población, la reactivación de la economía y la definición de un marco institucional que facilite las relaciones entre individuos en un contexto pospandémico, mediante un enfoque multidimensional. En ese sentido, se analizan los antecedentes de las pandemias de carácter universal, el rol de las organizaciones internacionales, el papel de los bienes públicos globales, los modelos de gobernanza global desde un contexto glocal, las tendencias en investigación acerca de pandemias y sostenibilidad, los nuevos retos del Estado, el financiamiento de las pequeñas y medianas empresas, los incentivos fiscales a la innovación en inteligencia artificial y la utilidad de los modelos matemáticos para la toma de decisiones de política pública. De esta manera, se presenta un análisis ordenado de los retos que enfrenta la sociedad en la actualidad, con su explicación y atención mediante alternativas de acción pública. Por lo tanto, es una guía sobre el rol y la capacidad que deben desarrollar coordinadamente los funcionarios nacionales, junto a las organizaciones internacionales, para influir la definición de políticas que reorganicen el equilibrio mundial.

After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

Volume II: Special Workshops Initia Via Editora

An intensive global search is on for the "rule of law," the holy grail of good governance, which has led to a dramatic increase in judicial reform activities in developing countries. Very little attention, however, has been paid to the widening gap between theory and practice, or to the ongoing disconnect between stated project goals and actual funded activities. Beyond Common Knowledge examines the standard methods of legal and judicial reform. Taking stock of international experience in legal and judicial reform in Latin America, Europe, India, and China, this volume answers key questions in the judicial reform debate: What are the common assumptions about the role of the courts in improving economic growth and democratic politics? Do we expect too much from the formal legal system? Is investing in judicial reform projects a good strategy for getting at the problems of governance that beset many developing countries? If not, what are we missing?

Negotiation within Domination examines the formation of colonial governance in New Spain through interactions between indigenous peoples and representatives of the Spanish Crown. The book highlights the complexity of native negotiation and mediation with colonial rule across time, culture, and place and how it shaped colonial political and legal structures from the sixteenth to the eighteenth centuries. Although indigenous communities reacted to Spanish presence with significant acts of resistance and rebellion, they also turned to negotiation to deal with conflicts and ameliorate the consequences of colonial rule. This affected not only the development of legal systems in New Spain and Mexico but also the survival and continuation of traditional cultures. Bringing together work by Mexican and North American historians, this collection is a crucially important and rare contribution to the field. Negotiation within Domination is a valuable resource for native peoples as they seek to redefine and revitalize their identities and assert their rights relating to language and religion, ownership of lands and natural resources, rights of self-determination and self-government, and protection of cultural and intellectual property. It will be of interest primarily to specialists in the field of colonial studies and historians and ethnohistorians of New Spain

This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies and surveys carried out mainly in the United States, Western Europe and Latin America. Two basic ideas emerge from it. First, economic rationality has penetrated the legal and judicial systems at all levels and dimensions, from the level of society as a whole to the day-to-day operation of the courts, from the institutional dimension of adjudication to the organizational context of judicial decisions. Far from being an alien value in the judicial process, efficiency has become an inseparable part of the structure of expectations we place on the legal system. Second, economic rationality is not the prevalent value in legal decision-making, as it is subject to all kinds of constraints, local conditions and concrete negotiations with other values and interests.