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1. KIDNAPPING OF MIGRANTS IN TRANSIT THROUGH MEXICO AND THE TRANSNATIONAL ADVOCACY NETWORKS FOR THEIR HUMAN RIGHTS: SCOPE AND STRATEGIES

Author:
Monica Salmon Gómez
Publication Date:
05-2017
Content Type:
Working Paper
Institution:
The New School Graduate Program in International Affairs
Abstract:
The human rights crisis in Mexico and particularly the one with migrants in transit through Mexico is not coincidental. The increased securitization of migration has transformed it into a security issue, causing it to be a threat to the national security. The mechanisms and strategies to fight against this crisis has led to terrible consequences to the thousand of migrants that pass through Mexico every year. As stated by David Harvey, the conceptualization of the irregular migration as a threat to the Nation-States has occurred as a consequence of the “global unequal capitalist integration”. This is a structural process that promotes global inequality in a parallel way, creating the undocumented as the others unwanted (Álvarez and Guillot, 2012:24). We then have migration as a phenomenon characterized by the economic globalization and the predominance of the logic of social exclusion, that it reveals itself as a feature for nations and families in their need to seek, among other things, improved living conditions in places that are different from their place of origin
Topic:
Security, Human Rights, Migration, United Nations, and Inequality
Political Geography:
United States, South America, Latin America, North America, and Mexico

2. DECOLONIZATION IN THE CONSTITUTIONAL SYSTEM: INDIGENOUS RIGHTS AND LEGAL PLURALISM, A COMPARATIVE STUDY BETWEEN BOLIVIA, COLOMBIA, AND ECUADOR

Author:
Sergio Miranda Hayes
Publication Date:
05-2017
Content Type:
Working Paper
Institution:
The New School Graduate Program in International Affairs
Abstract:
In the academic world, scientific literature comes mainly from the western part of the globe. Ramón Grossfoguel believes that knowledge is determined by power relations in the "post-colonial" era (Grossfoguel, 2002: 16). This means that Western powers dominate the academic world. In constitutional law, this is not the exception. However, while we can accept that it is true that many constitutional provisions, doctrine, jurisprudence and theories of Western constitutional law have influenced Latin American countries, most of these countries have also developed their own constitutional systems that have specific and new features, whose unique identity differentiates them from other systems in the world. In this paper, I will try to study the special features that Bolivia, Ecuador, and Colombia have in the recognition of indigenous rights and legal pluralism, whose discursive axis entails a “decolonizing” spirit which is the retrieval of their own institutions against the trends of hegemonic governance of the western culture as I will explain later. Latin America has faced numerous problems concerning social differentiation. In the opinion of one of the most cited authors in Latin American constitutional law, Raquel Yrigoyen, the disadvantaged were left behind from the social, economic and political issues through legal measures created by people of a favored minority, in order to maintain privileges (Yrigoyen, 2011: 139). In the case of Latin America, many of the disadvantaged match to be those survivors of the brutal Spanish conquest; the native Indians. I have chosen these three countries since they have a significant indigenous population; more than 36.6 million indigenous people in the region. In Bolivia, the number rises to 4,115,222 natives, in Ecuador 1018176,and in Colombia 1392623. (World Bank, 2014: 24-25) The Constitutions of Colombia (1991), Ecuador (2008) and Bolivia (2009) reflect the new “decolonizing” ideology; Colombia through its jurisprudence, on the one hand, and Bolivia and Ecuador, proclaiming themselves "Plurinational”countries on the other. All made great strides in recognizing indigenous rights and, consequently, in gaining their social inclusion. (Gargarella, 2014: 175) Constitutional systems are a product of history and the struggle of peoples. In these cases, the effort to include indigenous peoples in the economic, political and social spheres resulted in these new constitutional models which can be understood through a comparative study.By understanding this, advantages and disadvantages of each country to improve social inclusion of indigenous peoples in all the mentioned spheres can be found. In the first title, I will talk about the meaning of legal pluralism. In the second, I will discussthe new models of statewhich are conditioned by legal pluralism and indigenous rights. In the third, I will address indigenous autonomies and jurisdictions that are the subject of our study. And in the remaining two titles, I will discuss the most distinctive features, and rights arising from the recognition of this unique legal pluralism. All this with the purpose of exposing the new constitutional spirit of "decolonization" of these countries.
Topic:
Human Rights, Post Colonialism, Legal Theory, Colonialism, Decolonization, and Economic Inequality
Political Geography:
United States, Colombia, South America, Latin America, North America, Ecuador, and Bolivia

3. SOUTH AMERICA FACING BILATERAL INVESTMENT TREATIES: TOWARDS A RETURN OF THE STATE IN DISPUTE SETTLEMENT?

Author:
Magdalena Bas Vilizzio
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
The New School Graduate Program in International Affairs
Abstract:
In their external relations, States require a regulatory framework intended to preserve their sovereignty, the legal attribute of which independent States are granted and recognized each other and to the exclusion of any other organization. Therefore, it emerges the necessity of a coordination juridical system as International Public Law. However, the regulation of certain subjects has generated changes putting into question some traditional postulates related to the system. That is the case of investor – State dispute settlement, mainly based on bilateral investment treaties (BITs) and on the Convention on the settlement of investment disputes between States and nationals of other States, signed in Washington in 1965 (CW) that creates the International Center for Settlement of Investment Disputes (ICSID)….
Topic:
Diplomacy, International Law, Regional Cooperation, and Sovereignty
Political Geography:
South America and Latin America

4. Child Budget Initiatives in Latin America

Author:
Alberto Minujin, Louise Moreira Daniels, and Javier Curcio
Publication Date:
01-2010
Content Type:
Working Paper
Institution:
The New School Graduate Program in International Affairs
Abstract:
Children in Latin American (LA) countries were among the most vulnerable groups that suffered from the adjustment policies promoted by the “Washington Consensus” in the 1980s and 1990s. In that context, several organizations started initiatives to ensure and promote resources allocated by public budgets to children and women. This paper describes and analyzes the characteristics and main activities of such initiatives in a dozen LA countries, with in-depth analysis provided for three countries: Argentina, Brazil and Ecuador. A number of lessons are enumerated, which can serve as orientation for other regions, in particular for Africa.
Topic:
Development and Labor Issues
Political Geography:
Africa, Washington, Brazil, Argentina, Latin America, and Ecuador

5. Vulnerability and Resilience of the Middle Class in Latin America

Author:
Alberto Minujin and Guillermina Comas
Publication Date:
02-2009
Content Type:
Working Paper
Institution:
The New School Graduate Program in International Affairs
Abstract:
This paper analyzes the vulnerability of the middle class in Latin America in face of the neo-liberal policies implemented in the region during recent decades and discusses possible policies and programs that promote the building and strengthening of democratic processes throughout the region. Changes in the Latin American middle class are examined. An important part of the middle class can be active participants in the process of building democracy and developing inclusive and equitable societies. This will require the implementation of policies and programs that promote the participation of the middle class in the public sphere.
Topic:
Democratization, Development, and Social Stratification
Political Geography:
Latin America

6. The City in the Global Crisis: Understanding Impacts and Strengthening the Performance of Stimulus Packages

Author:
hael Cohen
Publication Date:
11-2009
Content Type:
Working Paper
Institution:
The New School Graduate Program in International Affairs
Abstract:
Though countries generate more than half their GDP in urban-based economic activities, the G-20 discussions in London and Pittsburgh devoted no recorded attention to urban infrastructure. Policy makers and designers of stimulus packages ignored two fundamental aspects of this crisis: Where the greatest impact of economic contraction are and where demand can be stimulated to generate the largest possible multipliers. This paper argues that while industrialized countries take urban and spatial dimensions of their economies for granted, this perspective is counterproductive for Latin American countries that are the most urbanized among developing countries.
Topic:
Economics, Globalization, Industrial Policy, and Financial Crisis
Political Geography:
Latin America

7. The Strategic Triad: Form and Content in Brazil's Triangular Cooperation Practices

Author:
Adriana Erthal Abdenur
Publication Date:
11-2007
Content Type:
Working Paper
Institution:
The New School Graduate Program in International Affairs
Abstract:
Triangular cooperation, in which two countries form a partnership to lend technical assistance to a third country, is a growing model of technical cooperation in the developing world. Why do developing countries participate in triangular cooperation, and how are these arrangements different from bilateral and multilateral linkages? An analysis of Brazilian triangular cooperation arrangements reveals that, in addition to offering pragmatic solutions, triangular cooperation is a tactic for national self-promotion within a broader strategy of foreign relations. The spread of triangular cooperation marks a shift in both the configuration and politics of international cooperation networks.
Topic:
International Relations, International Cooperation, and Politics
Political Geography:
Brazil and Latin America