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131. 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

132. 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

133. Foreign Investment in Cuba: From Conflict to Resolution

Author:
Rafael-Andrés Velázquez-Pérez, Miguel-Ángel Michinel-Álvarez, Margaret Crahan, and Gabriel Vignoli
Publication Date:
01-2017
Content Type:
Book
Institution:
Institute for Latin American and Iberian Studies at Columbia University
Abstract:
This manuscript originates from research initiated in 2010 at the University of Vigo in International Private Law with a specific focus on International Investment Law. The objective was to analyze the impact of the new paradigm of sustainability on this sphere of the law, with an emphasis on developing countries, and more specifically Cuba. This line of research has resulted in several publications intended for a Spanish-speaking scientific-juridical audience. Yet there is no scholarly work directly aimed at US investors as a prioritized target group. Being the first single Foreign Direct Investor in the world, and given its geopolitical and economic proximity, the US is bound to play a prime role in the field of investments in Cuba—despite political complications. As a consequence, we opted for a bilingual monograph on this topic with a dual purpose. The first part of the book, which is aimed at reaching a wide audience, examines the role played by foreign investment in Cuba and the country’s interest in attracting it by providing investors with a modern, stable, and coherent legal framework that is in line with current international standards. The second part of the book delves into specific technicalities of international investment law— with an emphasis on the conflict resolution system, which finds in arbitrage its main mechanism. This part, technical in nature, is not directly aimed at potential investors as much as their legal advisers, legal firms, arbitrators, and specialized scholarly communities—without whose input the success of foreign direct investment would be impossible. The text also engages critically with the specificities of US-Cuba relations in the context of Foreign Direct Investment. As shown in the first part of this monograph, it seems clear that the strategies pursued by different US administrations have thus far failed. It would be to the US’ benefit to forego the current policy of confrontation in favor of one of cooperation, as exemplified by the approaches taken by Latin America, xiv Europe, and Canada. The US should not lag, if it wants to attain a strategic position in the global repositioning toward the developing Cuban market. There is a need for targeted diplomatic and legislative efforts aimed at strengthening cooperation between the two countries in terms of investment. Among the challenges is the absence of a Bilateral Investment Treaty (BIT) between Havana and Washington. The obstacles faced by the Trump administration in the political, diplomatic, and financial sphere indicate that excessive isolationism and protectionism are not only counterproductive from a financial viewpoint, but they also imply for the US a loss of sovereignty and a diminished capacity to influence the international context. Should the US not change its current policy, it will be outperformed by other international actors such as the European Union and the BRICS (Brazil, Russia, India, and China) as investors in Latin America and in Cuba.
Topic:
Treaties and Agreements, Bilateral Relations, Foreign Direct Investment, Law, Economy, and Legislation
Political Geography:
Cuba, Latin America, Caribbean, and United States of America

134. The Abuse of Obligatory Presidential Broadcast in Latin America

Author:
Andrés Cañizález
Publication Date:
05-2017
Content Type:
Working Paper
Institution:
National Endowment for Democracy
Abstract:
When Venezuelan opposition leader Jesús Torrealba held a much anticipated rally in September 2016, only one television channel, Globovisión, was willing to broadcast it. By then, the 24-hour news channel stood alone as the one major broadcaster daring enough to air critical coverage of the government. he speech was particularly newsworthy because Torrealba that day was planning to call for nation-wide protests in favor of a referendum on President Nicolás Maduro. The Venezuelan constitution allows for what is essentially a recall by plebiscite if citizens can marshal enough signatures in favor of one, but the country’s electoral commission, Torrealba alleged, was stonewalling the process in spite of the opposition’s success at collecting the signatures. He had hoped his speech could provoke demonstrations of irrefutable public support for the referendum. After only a few minutes at the podium, however, the transmission of his speech was interrupted without warning.1 President Maduro had ordered a blanket broadcast across all radio and television stations–what is known in Spanish as a cadena nacional. These presidential broadcasts resemble a US Oval Office address in style, but in Venezuela the law obliges both state‑owned and private media to carry the transmissions, which have lasted as long as eight hours. When Maduro invoked this law to interrupt Torrealba’s speech, Venezuelans had no choice but to listen to Maduro or simply switch off their TVs and radios. This is not an isolated event. The abuse of presidential broadcast laws, which was first witnessed in Venezuela under Maduro’s predecessor, Hugo Chávez, has become a source of concern in several countries in the region, including in Argentina and Ecuador.2 This report looks at how obligatory presidential broadcasts have risen with a wave of populist authoritarian governments in Latin America, and how the abuse of such transmissions, coupled with other efforts to suppress independent press, has been a significant detriment to democratic deliberation. By looking at legal restrictions on this practice in the region, the report also provides some insight into how the abuse of obligatory presidential transmissions could be curtailed.
Topic:
Government, Media, Propaganda, and The Press
Political Geography:
Argentina, South America, Latin America, Venezuela, and Ecuador

135. International Standards for Freedom of Expression: A Basic Guide for Legal Professionals in Latin America

Author:
Silvia Chocarro
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
National Endowment for Democracy
Abstract:
The rise of violent attacks on journalists and government harassment of reporters underscores the fragility of press freedoms in Latin America. The resurgence of such threats in Latin America, however, confronts a legal environment that has never been more favorable to the freedom of expression, and judges, lawyers, and other legal professionals can provide a strong defense against those who would seek to silence independent journalists. “One way to end these abuses is to ensure that justice is implemented,” said Edison Lanza, Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights. “For that, it is vital that international and inter-American legal frameworks are well known and, above all, applied… That is why this guide is such an important tool for professionals in the judicial sector.”
Topic:
Media, Freedom of Expression, Journalism, and Freedom of Press
Political Geography:
Latin America and Caribbean

136. How do Latin American migrants in the U.S. stand on schooling premium? What does it reveal about education quality in their home countries?

Author:
Daniel Alonso-Soto and Hugo Nopo
Publication Date:
09-2017
Content Type:
Working Paper
Institution:
Group for the Analysis of Development (GRADE)
Abstract:
Indicators for quality of schooling are not only relatively new in the world but also unavailable for a sizable share of the world’s population. In their absence, some proxy measures have been devised. One simple but powerful idea has been to use the schooling premium for migrant workers in the U.S. (Bratsberg and Terrell 2002). In this paper the authors extend this idea and compute measures for the schooling premium of immigrant workers in the U.S over a span of five decades. Focusing on those who graduated from either secondary or tertiary education in Latin American countries, they present comparative estimates of the evolution of such premia for both schooling levels. The results show that the schooling premia in Latin America have been steadily low throughout the whole period of analysis. The results stand after controlling for selective migration in different ways. This contradicts the popular belief in policy circles that the education quality of the region has deteriorated in recent years. In contrast, schooling premium in India shows an impressive improvement in recent decades, especially at the tertiary level.
Topic:
Education, Migration, and Immigration
Political Geography:
Latin America and Peru

137. The Value of Redistribution: Natural Resources and the Formation of Human Capital under Weak Institutions

Author:
Jorge Aguero, Carlos Felipe Balcázar, Stanislao Maldonado, and Hugo Nopo
Publication Date:
08-2017
Content Type:
Working Paper
Institution:
Group for the Analysis of Development (GRADE)
Abstract:
We exploit time and spatial variation generated by the commodities boom to measure the effect of natural resources on human capital formation in Peru, a country with low governance indicators. Combining test scores from over two million students and district-level administrative data on mining production and the redistribution of mining taxes to local governments, we find no effect from production. However, redistribution of mining taxes increases math test scores by 0.23 standard deviations. We identify the improvements in the quality of teachers and in school infrastructure, together with increases in adult employment and health outcomes of adults and children, as key mechanisms from the redistribution. Policy implications for the avoidance of the natural resource curse are discussed.
Topic:
Education, Natural Resources, Institutions, and Human Capital
Political Geography:
Latin America and Peru

138. Promoting prenatal health care in poor rural areas through conditional cash transfers: evidence from JUNTOS in Peru

Author:
Juan Jose Diaz and Victor Saldarriaga
Publication Date:
01-2017
Content Type:
Working Paper
Institution:
Group for the Analysis of Development (GRADE)
Abstract:
The authors assess the effects of JUNTOS, a conditional cash transfer program targeted to poor rural households in Peru, on the utilization of prenatal health care by women exposed to the program during their most recent pregnancy. They implement a difference-in-differences estimation technique to uncover the effects of JUNTOS on the utilization of prenatal health care, the quality of prenatal health care, utilization of health care at birth, and obstetric complications at birth. Researchers use data from the publicly available Demographic and Health Surveys (DHS) from the period 2000-2014. Results suggest that the program has increased prenatal health care utilization. Even more salient, the results also suggest an improvement in the quality of health care received and a reduction of obstetric complications at birth.
Topic:
Development, Poverty, Children, Rural, Microeconomics, and Infants
Political Geography:
Latin America and Peru

139. REGIME EFFECTIVENESS AND DEMOCRACY PROTECTION: THE RESPONSES OF MERCOSUR TO THE IMPEACHMENT PROCESSES IN PARAGUAY AND BRAZIL

Author:
Alexandre San Martim Portes
Publication Date:
04-2017
Content Type:
Journal Article
Journal:
Conjuntura Austral: Journal of the Global South
Institution:
Conjuntura Austral: Journal of the Global South
Abstract:
Democratization and regional integration are phenomena relatively new in South America. After decades of authoritarian regimes, new democratic orders and globalization brought the necessity of looking for partnership in the neighborhood. The Common Market of the South, or in the Spanish acronym Mercosur, was created in 1991, as an attempt to bring the countries in the region not only economically but also politically closer. Although initially a project lead by Brazil and Argentina, Mercosur has today threemore members: Paraguay, Uruguay, and Venezuela. Bolivia is in the process of integration and Chile, Peru, Colombia, Ecuador, Guyana and Surinam are associate members (MERCOSUR, 2017).
Topic:
Economics, International Political Economy, and Common Market
Political Geography:
Brazil, Argentina, South America, Uruguay, Latin America, Venezuela, and Paraguay

140. Amérique latine - L’année politique 2016

Author:
Maya Collombon, Jacinto Cuvi, Olivier Dabène, Gaspard Estrada, Antoine Faure, Erica Guevara, Damien Larrouqué, Frédéric Louault, Antoine Maillet, Frédéric Massé, Kevin Parthenay, Eduardo Rios, and Darío Rodriguez
Publication Date:
01-2017
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
Amérique latine - L’Année politique is a publication by CERI-Sciences Po’s Political Observatory of Latin America and the Caribbean (OPALC). The study extends the work presented on the Observatory’s website (www.sciencespo.fr/opalc) by offering tools for understanding a continent that is in the grip of deep transformations.
Topic:
Economics, History, Sociology, State Violence, and Political Science
Political Geography:
Brazil, Argentina, Colombia, Latin America, Nicaragua, Caribbean, Venezuela, Mexico, Chile, and Ecuador