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Author: Francisca Pou-Giménez Publisher: Cambridge University Press ISBN: 1009201778 Category : Law Languages : en Pages : 353
Book Description
This is the first book on proportionality in Latin American constitutional law. Leading scholars in the region explore how proportionality analysis has become a key part of the constitutional law of a region where, almost paradoxically, constitutions with clear transformative intentions coexist with the highest indicators of social inequality in the world. In this book, scholars, practitioners and students will find a fascinating account of how proportionality has been a central concept in Latin America's constitutional struggles to curtail excessive uses of state power. The book illustrates how, more recently, proportionality has played an important role in national processes of constitutionalization and transitional justice, and how its current uses in the domain of social rights endow it with a distinctive meaning and role in regional constitutionalism. This pioneering book opens up the space for a much needed global conversation on how Latin America has decisively contributed to comparative constitutional law.
Author: Francisca Pou-Giménez Publisher: Cambridge University Press ISBN: 1009201778 Category : Law Languages : en Pages : 353
Book Description
This is the first book on proportionality in Latin American constitutional law. Leading scholars in the region explore how proportionality analysis has become a key part of the constitutional law of a region where, almost paradoxically, constitutions with clear transformative intentions coexist with the highest indicators of social inequality in the world. In this book, scholars, practitioners and students will find a fascinating account of how proportionality has been a central concept in Latin America's constitutional struggles to curtail excessive uses of state power. The book illustrates how, more recently, proportionality has played an important role in national processes of constitutionalization and transitional justice, and how its current uses in the domain of social rights endow it with a distinctive meaning and role in regional constitutionalism. This pioneering book opens up the space for a much needed global conversation on how Latin America has decisively contributed to comparative constitutional law.
Author: Roberta Arnold Publisher: BRILL ISBN: 9047431871 Category : Law Languages : en Pages : 608
Book Description
The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the lex specialis of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental]
Author: Oscar Altimir Publisher: ISBN: Category : Business & Economics Languages : en Pages : 126
Book Description
This work originated in a research project for the measurement and analysis of income distribution in the Latin American countries, undertaken jointly by the Economic Commission for Latin America and the World Bank. The present paper presents estimates of the extent of absolute poverty for ten Latin American countries and for the region as a whole in the 1970s, on the basis of available household surveys and population censuses. They are based on country-specific poverty lines representing minimum acceptable levels of private consumption, drawn according to a food-based method. Such poverty lines - ranging from 150 to 250 dollars of annual household consumption per capita - express a normative definition of the absolute dimensions of poverty, partly based on expert appraisals and partly reflecting the actual behavior of low income households facing the life style projected by Latin American development. According to these estimates, 40 percent of Latin American households were poor at the beginning of the 1970s, the incidence of poverty being 26 percent in urban areas and 60 percent in rural areas. Urban poverty extended to more than one-third of urban households in some countries (Brazil, Colombia, Honduras) while affecting between 20 and 30 percent in others (Peru, Mexico, Venezuela), about 15 percent in Costa Rica and Chile and less than 10 percent in Argentina and Uruguay. The extent of poverty in rural areas would not be less than 20 percent in any case and would reach more than 60 percent in some countries. The corresponding poverty gaps were also estimated; in terms of total household income, they may represent manageable proportions (around 2-3 percent) in the better-off countries, but are in the 4-8 percent range in the bigger countries of the region and reach as much as 12 percent in Peru and 17 percent in Honduras.
Author: David Cantor Publisher: Martinus Nijhoff Publishers ISBN: 9004261591 Category : Law Languages : en Pages : 512
Book Description
This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the eighteen chapters that make up this unique volume supply a range of perspectives on how the relationship between these two separate fields of law may be articulated and whether IHL may contribute to providing refuge from the inhumanity of war.
Author: Sharon M. Meagher Publisher: State University of New York Press ISBN: 0791479048 Category : Philosophy Languages : en Pages : 332
Book Description
The definitive source book on philosophy and the city. Using philosophical works from ancient Greece to contemporary times, Philosophy and the City demonstrates both why philosophy matters to the city and how cities matter to philosophy. The collection addresses questions that remain central to urban planning and everyday urban life, such as, What is a city? What does it mean to be a good citizen? By bringing various perspectives together, Sharon M. Meagher provides readers the opportunity to better understand key philosophical debates concerning not only social and political philosophy but also place and identity formation, aesthetics, philosophy of race and diversity, and environmental philosophy. Sharon M. Meagher is Professor of Philosophy and Director of Women?s Studies at the University of Scranton. She is the coeditor (with Patrice DiQuinzio) of Women and Children First: Feminism, Rhetoric, and Public Policy, also published by SUNY Press.
Author: Vanessa Holzer Publisher: ISBN: 9781780683188 Category : Languages : en Pages : 300
Book Description
Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognized as refugees under the 1951 Convention Relating to the Status of Refugees. They are frequently considered as having fled from generalized violence rather than from persecution. This book determines the international meaning of the refugee definition in Article 1A(2) of the Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights based interpretation of the refugee definition is widely accepted, the interpretation and application of the Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law, and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to the race, religion, nationality, and/or membership of a particular social group or political opinion. (Series: International Law - Vol. 15) [Subject: International Law, Humanitarian Law, Human Rights Law, Criminal Law]
Author: Michel S. Laguerre Publisher: Springer ISBN: 134913046X Category : Political Science Languages : en Pages : 233
Book Description
A structural and hermeneutic analysis of civil-military relations in Haiti. The equilibrium theory of civil-military relations developed here postulates that the stability of a political system capable of preventing military intervention is the result of three sets of balanced relationships.
Author: Francisca Pou-Giménez
Author: Francisca Pou-Giménez
Author: Roberta Arnold
Author: Oscar Altimir
Author: David Cantor
Author: Sharon M. Meagher
Author: M. van der Velde
Author: Vanessa Holzer
Author: Michel S. Laguerre
Author: Richard A. Gardner
Author: Carnes Lord