Prior consultation in Latin AmericaSymposium

Prior Informed Consent – the Case of Peru

The Wrong Kind of Right? Prior Consultation between Contestation and Meaninglessness in the Peruvian Amazon

In 2011 Peru has adopted a contested legislation on prior consultation that is based on Convention 169 of the International Labor Organization (ILO C 169). In this contribution, I look at the first state-led prior consultations which were implemented in the Peruvian Amazon. The central questions is, how these processes can be interpreted in terms of norm legitimacy and human rights’ compliance. In contrast to other studies this will not …

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Prior consultation in Latin AmericaSymposium

Symposium: Prior consultation in Latin America – The Case of Brazil

Ambivalent implementation – Creating a framework for prior consultation in Brazil

ILO Convention 169 – an old but still powerful tool Adopted in 1989, Convention 169 of the International Labor Organization is the only internationally binding legal document that defines indigenous and tribal people’s rights, with a special focus on the right to consultation and participation in legislative and administrative measures that might affect territories of these people. The Convention today is ratified by 22 countries worldwide, 15 of them in …

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Prior consultation in Latin AmericaSymposium

Symposium: Prior consultation in Latin America – The Case of Bolivia

Legal Anthropological Experience in the Field of Indigenous Peoples Contemporary manifestations of neo-colonialism in the form of liberal market fundamentalism have facilitated the expansion of multinational corporations and foreign investment. As a consequence of influential farming and forestry industries as well as extractive operations, indigenous peoples around the world have been dispossessed of their land, territories and natural resources. Resulting from long-lasting negotiations the UN Declaration on the Rights of …

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Discussion

Dense Struggle (IV): The Ghostly Real

This post appeared first on Critical Legal Thinking. As I mentioned in the last post, one of the most perplexing circumstances that surrounded the appearance of the ghost in the refuge was that it occurred at the precise moment at which the group of IDPs formally entered into the realm of the official. It could have easily occurred earlier, when they were protesting, in perhaps more difficult conditions, at Plaza de Bolívar or Parque …

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Discussion

Dense Struggle (III): The Modern Uncanny

This post appeared first on Critical Legal Thinking. In the last two posts I have argued that the longue durée of capitalist modernity has implied an expansion of a material and social global ordering, and that this process is far from being free of emotional forces, even of an uncanny dimension. In my account, this expansion of capitalist modernity — with its patterns of global accumulation, wealth distribution, jurisdictional realms, administrative procedures and legal forms — has been accompanied …

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Discussion

Dense Struggle (II): Oh yes, that, our world

This post appeared first on Critical Legal Thinking. In the preamble of the Communist Manifesto (1848), Marx and Engels made the famous dictum: “A spectre is haunting Europe — the spectre of communism. All the powers of old Europe have entered into a holy alliance to exorcise this spectre: Pope and Tsar, Metternich and Guizot, French Radicals and German police-​spies.” History has proven Marx and Engels correct. Communism was not only in the rising. Counter-​revolutionary forces …

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Discussion

Dense Struggle (I): Violence and the otherworldly

This post appeared first on Critical Legal Thinking. How can we make sense of popular struggles in this period of late capitalist modernity? What do the experiences, voices, and visions of groups involved in such struggles tell us about the actual functioning of our world — a world mined with growing inequalities, ever more intrusive levels of governance and managerial techniques, all of this held together by the increasing ubiquity of law? …

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DiscussionResponse

In Search of a Shared Grammar: Why Law Is (also) like Poetry.

A response to the post by Miriam Aziz. In her insightful and inspiring piece ”Law as Ballet: A Global Pas de Deux“ Miriam Aziz invites us to explore the commonalities between law and dance. As ”rule based theories of language” they share the quality of being ”an organizing structure or grammar which enables and uncovers different interpretations of what lies behind an argument or a choreographic phrase”. ”We need“, Miriam …

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DiscussionResponse

Die „rules of the game“ der Rule of Law-Förderung

Eine Replik auf Matthias Kötter Ein Durchbruch: Nach über 60 Jahren des juristischen Engagements in der Entwicklungszusammenarbeit (EZ) verspricht die „zweite Generation“ internationaler Rule of Law-Förderung, die Defizite der bisherigen Ansätze zu überwinden. Ein veränderter Fokus, neue Methoden, angemessene Anreizstrukturen und mehr Sensibilität für den Kontext sollen dazu beitragen, endlich messbare Fortschritte zu erzielen. Auf der Grundlage konkreter Problemanalysen werden lokale Reformen gefördert, die vor allem auch informelle Rechtsdurchsetzungsmechanismen integrieren. …

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