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Feminist Frontiers in Climate Justice provides a compelling
demonstration of the deeply gendered and unequal effects of the
climate emergency, alongside the urgent need for a feminist
perspective to expose and address these structural political,
social and economic inequalities. Taking a nuanced,
multidisciplinary approach, this book explores new ways of thinking
about how climate change interacts with gender inequalities and
feminist concerns with rights and law, and how the human world is
bound up with the non-human, natural world. With contributions from
leading scholars in law, feminism, human rights and politics, this
book considers how equality is conceptualised experienced and used
in policies, law and practice that are integral to climate justice.
Chapters reveal how international and national policy and legal
frameworks fall short on gender equality and climate justice.
Overall, the book demonstrates that the climate crisis demands an
ambitious and transformative approach to equality, including
developing feminist ideas of care and social reproduction, to
reconstruct law and policy towards a more just world for all. This
ground-breaking book will be essential reading for scholars across
many areas of law including environmental law, human rights, public
international law, law and gender, and law and development. Its
discussion of the international framework alongside in-depth case
studies and assessments of women's mobilization strategies will
also be highly relevant to social scientists, officials in
international organizations, policymakers, lawyers and activists.
This book provides a nuanced picture of how diverse legal debates
on the pursuit of economic development and modernization have
played out in Latin America since independence. The opposing
concepts of modernization theory and Dependency Theory can be seen
to be playing out within the field of legal transformation, as some
legal analysts define law as a closed, formal, rational system, and
others see law as inseparable from economic, social and political
change. Legal experiments have followed these trends, in some cases
using legal instruments to guarantee classical, civil and political
rights, and in others demanding radical transformation of existing
legal structures. This book traces these debates across the key
topics of: economic development and foreign investment; property;
resource and power distribution in terms of gender and social
policy. Drawing on a wide range of literature, the book adds
complexity and color to our understanding of these themes in Latin
America. This insightful exploration of comparative law within
Latin America provides the tools needed to understand legal
transformation in the region, and as such will be of interest to
researchers within law, political sociology, development and Latin
American studies.
This book explores the emergence of a new developmental state in
Latin America and its significance for law and development theory.
In Brazil since 2000, emerging forms of state activism, including a
new industrial policy and a robust social policy, differ from both
classic developmental state and neoliberal approaches. They favor a
strong state and a strong market, employ public-private
partnerships, seek to reduce inequality, and embrace the global
economy. Case studies of state activism and law in Brazil show new
roles emerging for legal institutions. They describe how the
national development bank uses law in innovation promotion, trade
law strengthens new developmental policies in export promotion and
public health, and social law frames innovative poverty-relief
programs that reduce inequality and stimulate demand. Contrasting
Brazilian experience with Colombia and Mexico, the book underscores
the unique features of Brazil's trajectory and the importance of
this experience for understanding the role of law in development
today.
This book discusses a range of rights controversies from both
theoretical and practical perspectives. It considers specific
issues in the litigation and adjudication of social and economic
rights cases from the differing standpoints of activists, lawyers,
and adjudicators.
Since World War II, a growing number of jurisdictions in both the
developing and industrialized worlds have adopted progressive
constitutions that guarantee social and economic rights (SER) in
addition to political and civil rights. Parallel developments have
occurred at transnational level with the adoption of treaties that
commit signatory states to respect and fulfil SER for their
peoples. This book is a product of the International Social and
Economic Rights Project (iSERP), a global consortium of judges,
lawyers, human rights advocates, and legal academics who critically
examine the effectiveness of SER law in promoting real change in
people's lives. The book addresses a range of practical, political,
and legal questions under these headings, with acute sensitivity to
the racial, cultural, and gender implications of SER and the
path-breaking SER jurisprudence now emerging in the "Global South".
The book brings together internationally renowned experts in the
field of social and economic rights to discuss a range of rights
controversies from both theoretical and practical perspectives.
Contributors of the book consider specific issues in the litigation
and adjudication of SER cases from the differing standpoints of
activists, lawyers, and adjudicators in order to identify and
address the specific challenges facing the SER community. This book
will be of great use and interest to students and scholars of
comparative constitutional law, human rights, public international
law, development studies, and democratic political theory.
This book explores the emergence of a new developmental state in
Latin America and its significance for law and development theory.
In Brazil since 2000, emerging forms of state activism, including a
new industrial policy and a robust social policy, differ from both
classic developmental state and neoliberal approaches. They favor a
strong state and a strong market, employ public-private
partnerships, seek to reduce inequality, and embrace the global
economy. Case studies of state activism and law in Brazil show new
roles emerging for legal institutions. They describe how the
national development bank uses law in innovation promotion, trade
law strengthens new developmental policies in export promotion and
public health, and social law frames innovative poverty-relief
programs that reduce inequality and stimulate demand. Contrasting
Brazilian experience with Colombia and Mexico, the book underscores
the unique features of Brazil's trajectory and the importance of
this experience for understanding the role of law in development
today.
This book provides a nuanced picture of how diverse legal debates
on the pursuit of economic development and modernization have
played out in Latin America since independence. The opposing
concepts of modernization theory and Dependency Theory can be seen
to be playing out within the field of legal transformation, as some
legal analysts define law as a closed, formal, rational system, and
others see law as inseparable from economic, social and political
change. Legal experiments have followed these trends, in some cases
using legal instruments to guarantee classical, civil and political
rights, and in others demanding radical transformation of existing
legal structures. This book traces these debates across the key
topics of: economic development and foreign investment; property;
resource and power distribution in terms of gender and social
policy. Drawing on a wide range of literature, the book adds
complexity and color to our understanding of these themes in Latin
America. This insightful exploration of comparative law within
Latin America provides the tools needed to understand legal
transformation in the region, and as such will be of interest to
researchers within law, political sociology, development and Latin
American studies.
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