Law and Justice in Developing Countries

Myanmar's current transition involves a concerted international effort to promote the rule of law. Legal education is integral to promoting the rule of law, and so calls for development aid that works to improve a country's legal education system. The nature of development aid, however, calls for some analysis of its efficacy. This paper contributes to this call by taking as a case study the state of transnational aid efforts to improve legal education in Burma/Myanmar, and finds issues that threaten the efficacy of international aid efforts to reform legal education in developing countries. The analysis concludes with recommendations to mitigate such issues.

Speaking about dialectical methods in an international meeting of compared law may surprise, because in our exchanges, the object is to confront independent laws: and the doctrinal works
seem a little remote. Indeed, at first, our meeting is to realize comparative approaches, based on the statement of contents. Nevertheless, the subject of development law pushes me to re-release old problems, not to offer or give solutions but to ask new questions.
Research in compared law, indeed, invites us to an ontological thinking: fifty years ago the doctrine were interested in the «systems of law» as the determining element of compared law.
This doctrinal effort was particularly intense in Europe during half a century but was erased, little by little, by the European Union law and the globalisation: the insidious idea that this is a universal way to resolve the problems, generating more transposition of law than legal overview or syncretism. But, on the contrary, the dialectical one is not either a new approach in legal doctrines, even if it is sometimes implicit; many authors refer thereto, even if today the place occupied by ontological work is reduced.
Initially, I propose to point out how the dialectical one can characterize the mode of production of legal provisions in the developed countries: it can be summarized through the fertile contradiction opposing the State to the civil society during a very long history.
In the second place, I will try to take advantage of this dialectical approach to understand the difficulties encountered by the developing countries in the construction of the State of law, and this, in spite of big efforts of modernization and assistance; The dialectical structure seems to be very different from our social system. On the other hand, another type of relation may appear explaining some syncretic forms of the laws in these countries.

The aim of the present essay is to discuss the debate between Nancy Fraser and Axel Honneth, through a dialog between the topics justice, framing and moral person. The work in which the authors are face to face was analyzed and parallel works by both authors were compared; simultaneously, a theoretical thread was built by observing their individual works, which address the sense of subject and Justice. The issue confronting them is not “recognition versus redistribution”, but the construction their analyses depart from: (i) be it from a macro or microsocial perspective, (ii) broader structural relationships or subjectivity processes built on ethics, (iii) the basic, or gradually built, principle of a previous “good” life. Obviously, these questions are addressed through the argumentative forms subscribed by the authors, and they seem to be opposed to each other due to a mere disagreement between authors; however, far from resulting in stagnation, the debate leverages their points of view. In this point, Nancy Fraser and Axel Honneth contribute to the development of the most fundamental point of the Critical Theory, namely: developing elements that allow a better understanding of reality through perspectives that are engaged with in social change.

Economic development is a major policy objective of the governments of developing countries that are rich in natural resources. Nigeria has promoted, through legislation, the concept of Nigerian content through domestic capacity building and preferential participation as a policy in its Oil and Gas Industry(" OGI ") to achieve the objective of economic development. The recent enactment of Nigeria's Local Content Act was inspired by considerations for economic development. This article analyzes the implications of this law based on the paradigm of international investment law. For this purpose, the context of international investment law is limited to the definition of " investment " and the international obligations of Nigeria within the framework of current and anticipated Bilateral Investment Treaties (" BITs ") and other investment related agreements with foreign investors. From this perspective, the analysis of this article shows that, in spite of the relative success of the Local Content Law, there are significant and fundamental conflicts with Nigeria's obligations under international investment law with respect to foreign investors operating in Nigeria's OGI. Foreign investment treatment standards applicable under international investment law are implicated in the application and administration of Nigeria's Local Content Law. Thus, this article proposes that Nigeria should review existing BITs and other investment agreements to accommodate the prescriptions of the Local Content Law to sustain the underpinnings of economic development inherent in the law. Otherwise, the existing conflicts present substantial grounds for foreign investment claims and liability against Nigeria by foreign investors in the context of investment treaty arbitration.

Abstract
The purpose of this study is to examine corruption in the Somali judicial system, the implications on justice administration and the fight against corruption in the country, describe the causes and provide recommendations on ways to eradicate corruption in judiciary system of Somalia. This paper is essentially a desk research with reliance on secondary source of data in published outlets such as journal articles, online articles and books.

— The purpose of this study is to examine the relationship of human rights and economic development in the developing countries. A quantitative method used in order to analyze data gathered by the researcher. The researcher used questionnaire in order to be able to analyze the current study. A random sampling method used, where almost all participants will have equal chances of being selected for the sample. The researcher gathered 161 questionnaires, however 12 questionnaires were invalid and 149 questionnaires were properly completed. The questionnaire structured in the form of multiple choice questions. The finding of this study showed that there is a strong and positive relationship between human right and economic development in developing countries, according the research hypothesis was found to be supported which stated that a developed economic in developing country will have a positive relationship with the protection of human rights.

This article analyses Aravind Adiga’s Booker prize-winning novel The White Tiger (2008) through the lens of justice: philosophical, legal, and literary. What is justice when its agent is subaltern—disprivileged by both caste and class—and delivers justice to himself? I argue that the fictional representation of class, caste, poverty, and violence can be similar to the structuring and translations of justice. By writing his novel from the perspective of a subaltern character, Adiga joins the call by Dalit critics to reconfigure modernity from the interests of the oppressed and the marginalized. In the process, there can be a rethinking of postcolonial literary criticism from within the postcolonial nation, rather than the established perspective of the postcolonial nation understanding its own colonial oppression. My essay provokes wider insights into the implications for justice and human rights as they are informed and represented by literary fiction, subaltern theory, and deconstructive theory. How can a writer conceive of and represent justice—literary justice—by working within and against philosophical and legal conceptions of justice? The philosophers and theorists I invoke include Drucilla Cornell, Jacques Derrida, Wai Chee Dimock, Emmanuel Levinas, Gayatri Chakravarty Spivak, and Robert Young.

This book forces an interrogation and a sense of accountability of scholarship produced by and on behalf of women and subaltern subjects who inhabit the postcolonial world and evaluates the justice-seeking projects formulated by and on behalf of these groups in the legal arena. Each essay examines the strengths and limitations, the perils and paradoxes of legal engagements by subaltern subjects from a postcolonial feminist perspective. I question the divides, myths and truth claims, which are remnants of colonial discourse that have frequently been reinforced through legal scholarship and legal interventions. The essays are specifically directed towards delinking feminist scholarship and legal strategies/proposals from some of their homogenizing claims while at the same time engaging with alterity without falling into a relativist position.
Book Reviews: J.H. Krishnadass, “The Sexual Subaltern in Conversations: `Somewhere in Between’: Law and the Old Politics of Colonialism, 14:1 Feminist Legal Studies 53 (August, 2006); Pratiksha Baxi: Reading the Law Within Public Discourses, The Book Review 18 (March, 2006); Carl Stychin, 15:2 Social and Legal Studies (2006) 301; Alpana Roy, 27 Sydney Law Review (2005) 589; Ryan Charles Gaglio, 20:17 Yale Journal of Law and Feminism (2005) 517; Toni Johnson, 6 Feminist Theory (2005) 379-380; Nivedita Menon, Seminar Magazine, New Delhi, September 2005; Ramesh Sandeep, 31 Yale Journal of International Law (2006) 287; Sneha Gole, “In-Between Places” Infochange Agenda (February 2006) available at http://www.infochangeindia.org/agenda4_22.jsp)

This Article explores international judicial education and training, which are commonly associated with rule of law initiatives and development projects. Judicial education programs address everything from leadership competencies and substantive review of human rights legislation to client service and communication, skills training on docket management software, and alternative dispute resolution. Over the last twenty years,
judicial education in support of the rule of law has become big business both in the United States and internationally. The World Bank alone spends approximately U.S. $24 million per year for funded projects primarily attending to improving court performance. And yet, the specifics of judicial education remains unknown in terms of its place in the industry of rule of law initiatives, the number of judges who act as educators, and the mechanisms that secure their participation. This Article focuses on the judges’ experiences; in particular, the judges of the Supreme Court of Israel who were instrumental in establishing the International Organization of Judicial Training.

This study looks into some of the reasons why women face obstacles to economic empowerment and tries to make recommendations on what reforms could be brought, whether legal, regulatory, or policy. It is a combination of analytical research and an empirical survey of individual stakeholders from a diversity of backgrounds. The study looks into two broad categories: business activities and inheritance. Various business practices serve as obstacles to women entrepreneurs and thus need to be revised. Furthermore, inheritance is an important way in which women can gain access to real property, which they could then use to seek a loan. However, the widespread practice in Afghanistan is to prevent a female from accessing her inheritance rights. Both the topics of business activities and inheritance are widely canvassed and recommendations are put forward on how the economic condition of women can be improved.

49 Cornell International Law Journal 618 (2016).This Article explores international judicial education and training, which are commonly associated with rule of law initiatives and development projects. Judicial education programs address everything from leadership competencies and substantive review of human rights legislation to client service and communication, skills training on docket management software, and alternative dispute resolution. Over the last twenty years, judicial education in support of the rule of law has become big business both in the United States and internationally. The World Bank alone spends approximately U.S. $24 million per year for funded projects primarily attending to improving court performance. And yet, the specifics of judicial education remains unknown in terms of its place in the industry of rule of law initiatives, the number of judges who act as educators, and the mechanisms that secure their participation. This Article focuses on the judges’ ex...

Human rights education (HRE) is commonly viewed as imparting knowledge of
human rights. This is problematic, because both human rights and education are
multifaceted and the way that human rights are conceptualized will determine the
types of educational practice and processes engaged in as a result. Using critical discourse
analysis, this article unpicks the historical formation of human rights education,
exploring how it has evolved and come to prominence; it examines the way
that power relations shape the conceptions and practices of educators, which fail to
capture diversity and complexity of knowledge. It shows how a dominant discourse
of human rights education has been controlled through the global human rights
framework and how this shapes a human rights education practice concerned with
finding methods which make global human rights principles relevant and resonant in
different communities. This is problematic because it ignores the way that power
shapes and controls the formation of human rights education discourse and how
practitioners and educators respond to that. Given this, the conclusion suggests how
we should rethink human rights education discourse.

What are the similarities and differences between crowdsourcing and sharing economy? What factors influence their use in developing countries? In light of recent developments in the use of IT-mediated technologies, such as crowdsourcing and the sharing economy, this manuscript examines their similarities and differences, and the challenges regarding their effective use in developing countries. We first examine each individually and highlight different forms of each IT-mediated technology. Given that crowdsourcing and sharing economy share aspects such as the use of IT, a reliance on crowds, monetary exchange, and the use of reputation systems, we systematically compare the similarities and differences of different types of crowdsourcing with the sharing economy, thus addressing a gap in the current literature. Using this knowledge, we examine the different challenges faced by developing countries when using crowdsourcing and the sharing economy, and highlight the differences in the applicability of these IT-mediated technologies when faced with specific development issues.

This paper provides a brief overview of the intersection of state and customary laws governing land in peri-urban settlements around Honiara, Solomon Islands, focusing on their impact upon landowners, particularly women landowners. It suggests that the intersection of customary and state legal systems allows a small number of individuals, predominantly men, to solidify their control over customary land. This has occurred to the detriment of many landowners, who have often found themselves excluded from both decision-making processes and the distribution of financial benefits from the use of land. This contributes to social conflict and undermines the legitimacy of land dealings, and as the conflict known as 'the Tensions' demonstrates, can ultimately lead to violent conflict.

The interview with Dr. iur. Damos Dumoli Agusman, Secretary to the Legal and Treaties Affairs, Ministry of Foreign Affairs, Indonesia. It mainly discusses about the role of MFA Indonesia in the national law building compatible to international law.

This paper presents three arguments: first, although lacking a sound doctrinal foundation, over the past two decades rule of law development programing has grown exponentially, giving rise to an “industry” of professional - albeit unregulated - rule of law implementers; second, studies of this programing have demonstrated that – at best – it has had little positive impact on economic growth and development in fragile states; and third, as a consequence -  and in the context of establishing the rule of law development framework for the post-2015 Millennium Development Goals (MDG) - the international aid community should consider improving development outcomes by establishing enforceable training, licensing, and regulatory standards for the rule of law implementation industry.

The instrument of law is strategic in its role as a tool for shaping human society and regulating peoples’ behavior. This is described as the social engineering function of the law. It has influenced human decisions and led to the making of legislation for the regulation of human conduct. Its role in the society is not limited to maintenance of peace and order as popularly described; rather, it also creates a framework for the creation of goals targeted at shaping the society, balancing competing interests, and resolving individual and social problems. Thus, the achievement of the Sustainable Development Goals cannot be realized if the instrument of law and policy is not fully in place. It is in recognition of this that the United Nations encouraged nations to put in place laws and policies that will aid the achievement of the goals as well as its implementation.

The education sector in India is no longer bound to just classrooms. Thanks to new start-ups and higher internet and smart phone penetration, the online learning space in India is growing manifold. The e-learning market in India is estimated to be around $3 billion. The central government's efforts to make digital available to students in every corner of the country is also aiding the sector. Currently, online training in India focuses equally on school and college-based courses as well as mid-level professional courses. Owing to the steady economic growth and globalization, education in India is no longer just a teacher talking to a bunch of students in a classroom. With more than 370 million internet users and hundreds of local as well as global business tycoons willing to invest in the future of education, online education in India has picked up pace. Online education helps people get access to a world-class learning experience when traditional higher education is simply not possible due to financial or personal constraints. Some may also suffer from physical or mental disabilities that make learning in a classroom impossible. For these students, online courses, specializations and degree programs can offer an incredible opportunity to continue their education and build careers for themselves. This paper discusses about essentiality of E-Learning and how it is developing worldwide.

ALEVIS AND ALEVISM IN THE CHANGING CONTEXT OF TURKISH POLITICS: THE JUSTICE AND DEVELOPMENT PARTY'S ALEVI OPENING

The Justice and Development Party (JDP), since coming to power in 2002, has launched several reform programmes which in the previous decades were considered the red lines or bottle necks in Turkish politics. The JDP is the party that has made wide range of reforms necessary for the EU membership. This caused a complexity for students of political science as the party is the leading conservative party in the multiparty politics of Turkish party system accompanied by a wide discussion whether the JDP fell in the category of conservative parties or not. The JDP also started various policy initiatives in the sphere of international relations. The governing party aimed for Turkey’s greater involvement in Middle East, the Caucasian and Balkan affairs, mediation and arbitration role between the conflicting parties of the Middle East, peace making facilities towards Armenia and Azerbaijan and stability and security in Iraq. The Kurdish question has been another arena for the JDP to take important steps for its resolution. Last but not least, the Party, although mainly adheres to the Sunnite segments of the Turkish population, wants to attract votes from the Alevi minority and launch a rapprochement programme. This article tackles with the actors, dynamics and processes involved in the JDP’s Alevi rapprochement. Each subject group – the Alevis (the leftist and the conservative wings), the General Directorate of Religious Affairs, the JDP, the National View Movement, the conservative media writers and the EU officials – is constitutive of a specific discourse and hence holding a deliberate position in the Alevi question. Therefore, each discursive unit composes the sub-sections of the discussion delivered throughout the paper. We aim to make an inquiry of the Alevi rapprochement in light of the positions, arguments and perceptions developed by each agency involved in the question.

In November 2006, a ten-year civil war in Nepal formally ended with a peace agreement signed between the Maoists and seven major political parties. The agreement mandated power-sharing between the groups in an attempt to maintain unity in the country until elections could be held. Specific power-sharing measures to guide Nepal through this transitional phase included the formation of a grand coalition government and consensus decisionmaking. Despite the emergence of spoilers to the peace agreement, the positive-sum nature of the negotiations, the flexibility of the power-sharing mechanisms and the strong national ownership of the process all strengthened the likelihood of a successful transition from civil war to representative democracy. National elections were held in April 2008, and in August a new government led by Maoist leader Prachanda was formed.

Myanmar’s current transition involves a concerted international effort to promote the rule of law. Legal education is integral to promoting the rule of law, and so calls for development aid that works to improve a country’s legal education system. The nature of development aid, however, calls for some analysis of its efficacy. In response to this requirement, this paper offers an analysis of educational development aid directed at reforming Myanmar’s legal education system, with the goal of presenting perspectives from Myanmar’s law schools that provide a better understanding of the issues that concern the intended beneficiaries of such aid.

A PhD studentship is available for UK and EU citizens only. The studentship will attract an annual tax-free stipend of £14,777 for up to 3 years, subject to satisfactory progress and will cover the UK/EU tuition fees. You should hold a first degree equivalent to at least a UK upper second class honours degree in a relevant subject. This project would suit a student with a strong background in international health policy and systems. Candidate whose first language is not English must provide evidence that their English language is sufficient to meet the specific demands of their study, the Faculty minimum requirements are: • British Council IELTS-score of 6.5 overall, with no element less than 6.0 • TOEFL iBT-overall score of 92 with the listening and reading element no less than 21, writing element no less than 22 and the speaking element no less than 23.

Resumen Este artículo pretende hacer una revisión crítica de la recepción de teorías y movimientos jurídicos en Brasil a finales del siglo XX. Durante el régimen militar, las concepciones de derecho y desarrollo (adoptadas por la tecnocracia pública y privada de los juristas) y de pluralismo jurídico (recibidas como un discurso emancipador) se extendieron en paralelo. Desde la Constitución de 1988, el país ha recibido el impacto de un movimiento jurídico forjado desde la posguerra: la constitucionalización del derecho, la idealización interpretativa por referencia a principios y políticas, y el discurso de los derechos humanos como fundamento filosófico del ordenamiento jurídico. En medio de estas semánticas jurídicas tan difundidas, también corrieran discursos paralelos de sociología jurídica, como la recepción de la teoría de los sistemas sociales de Niklas Luhmann y las observaciones de Mangabeira Unger, líder del movimiento americano de Estudios Jurídicos Críticos. El trabajo señala que curiosamente la democratización del país implicó más una reanudación de la tradicional formación jurídica normativista que un esfuerzo por cualificar el pensamiento jurídico para el diseño y la crítica de las reformas institucionales. Palabras clave: derecho y desarrollo, pluralismo jurídico, derechos humanos, neoconstitucionalismo, teoría de sistemas.

Strengthening IPR regime in perspective of  India & developing countries.





Submitted To:
Dr. Archna Sehrawat Dhawan
Assistant Professor, Amity Law School
Submitted By:
Shriram Tiwary
Programme: LL.M. (Master of Laws)
Course Name:  Law & Justice in a Globalising World
Batch : 2019-20

This report identifies empirical evidence on the outcomes of security and justice (S&J) interventions, and provides a visual overview of its findings in an evidence gap map. The evidence gaps appear where outputs and outcomes are less tangible and more difficult to operationalise and measure. The evidence is scarce for a number of justice-specific output and outcome categories, but stronger evidence can be found on more general outcomes and outputs that apply across a wider range of intervention types.

The evidence mapping included a rigorous review of the S&J evidence base. To conduct the review, selected sources – including journal indices, online research and evaluation repositories, resource centres and experts – were interrogated. Studies that explored interventions and results were included in a database and coded according to the publication type, thematic focus, intervention, output and outcome categories. The database is also available to download.

Recently, the debate is being re-initiated when several judges of the Supreme Court have recommended the decolonization of the Indian legal system. Also, the Chief Justice of India in several of his speeches has expressed the need to `Indianize' the system to provide the access to justice to the poor. This article while examining the deliberations that took place since the freedom struggle and the decisions taken by the wide array of leaders to `modernize' and not to `westernize' the legal system, suggests that to provide access to justice, the need is to make the existing justice system litigant friendly, simple, cost-effective, speedy, and the one that ensures the certainty of justice. Based on the existing social realities, the right-based approach may be prioritized rather than resolving the problems while replacing it with an outdated, centuries-old, elite system that may not be capable to withstand the current or the future socioeconomic realities of the neoliberal, digitalized, and the globalized world. To rectify the issues relating to the pendency of cases, emphasis maybe laid on practical solutions such as expanding the system to make it simple and inclusive, improving the courts/ judges-citizen ratio, filling the vacant positions, investing in resources to strengthen the legal aid and legal literacy areas, ensuring transparency and diversity in the courtrooms, or in other words making the system litigant centric and justice centric, and to replace technicalities with the alternative modern humane approach.

Access to Justice is seen for good reasons as a building block in the rule of law concept of the SDGs. Yet, to date, it is not certain what access to justice even means in light of the Global Agenda 2030 and the SDGs. Do the rights of individuals and groups have a chance of being realised against the background of the growing number of Free Trade Agreements with Trade and Sustainable Development Chapters? Who takes care? Moreover, what chance does “Mother Earth” have in court? Even if law creates its own restrictive rules on access to justice in some regard, could the SDGs help to facilitate access? Could arguments be extracted from the SDGs that justify and even expand access to court? This study discusses the understanding of the concept of access to justice as enshrined in SDG 16.3 and attempts to identify and extract its legally resilient meaning. Based on this understanding, the difficulties in life’s realities and the most yawning gaps are revealed and juxtaposed with ways to overcome them and concludes with further ensuing research questions.

Abstract

In determining its universal development agenda, to be implemented between 2016 and 2030, the United Nations established 17 Sustainable Development Goals (SDG). Among these, SDG 16 aims to “promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.” Nevertheless, as the failure of the World Bank-inspired “rule of law” reform efforts demonstrates, achieving the laudable goal of implementing SDG 16 in extremely unequal countries such as Brazil is a Herculean challenge. I believe, however, that class action could contribute in a decisive way by (i) benefiting all parties interested in a dispute’s outcome, including those groups systematically excluded; (ii) discouraging unfair access to scarce resources (“queue jumping,” as David Kennedy puts it) ; (iii) helping both to deter illicit conduct and to curb, in the words of Duncan Kennedy, the “diffusion of law-making power,” which may enable elite factions to perpetuate a status quo; (iv) presenting demands in one voice, thus economizing public resources and stimulating faster judgments; and (v) contributing, as Marc Galanter shows, to a level playing field for plaintiff and defendant. By presenting an in-depth case study of a landmark class-action litigation for day-care center vacancies in São Paulo, I intend to highlight this legal tool’s strengths and weaknesses and to propose a better institutional design, one that may contribute to the implementation of SDG 16 and, by implication, key aspects of SDG 4 (inclusive, equitable quality education) and SDG 5 (gender equality).

Dispute Settlement Mechanism (DSM) of the World Trade Organization (WTO) is often regarded as one of the most significant accomplishments of the multilateral trading framework. Many trust that the WTO DSM has presented more noteworthy "legalism" and gives a more "rule oriented" framework in respect to the "power oriented" structures. The rule-based approach adopted by WTO for the adjudication is a theoretical initiative by the WTO although the same cannot be guaranteed in practice as well. Various implementation problems are created for developing countries that are caused by their lack of institutional capacity and by their problems in accessing knowledge. The dispute resolution system adopted by WTO has to be studied and discrepancies have to be looked into, if any; when developing nations take recourse of the same. The objective behind the study is to have a foresighted view of the power that developed and developing nations have/exert and how it results in having an impact on the decision making in trade disputes at an international front with the help of various case studies. Three-fourth of the WTO members are developing and least-developed countries. Hence, a study done in the developing nation's perspective is of great importance for the proper working of the WTO itself. The dispute settlement mechanism being one of the main endeavours of the WTO whereby it aids in settling disputes and reducing trade related tensions among the participant nations which could be developed, developing or least developing nations. Dispute settlement is sometimes described as the jewel in the WTO's crown. It's the central pillar of the multilateral trading system and a unique contribution to the stability of the economy globally. WTO dispute settlement focuses countries' attention on the rules. Once a verdict has been announced, countries concentrate on complying with the rules, and perhaps later renegotiating them rather than declaring war on each other. Another interesting observation being that presently, developing nations are more active in the WTO disputes as per the information given on their website, although more participation does not guarantee that it shall surely lead to benefit for the developing nations as well. The scrutiny of the dispute settlement mechanism shall be done where by the objective shall be to result in the optimum performance of the settlement mechanism resulting in ideal adjudication.

University of Edinburgh
29 October 2021
15:00 - 17:00

https://www.sps.ed.ac.uk/news-events/event/social-anthropology-seminar-many-faces-peace-rule-law-justice-peace-and-everyday

Conventionally, Haiti is seen by foreign funding agencies as a “war-torn,” or “post-conflict,” or “failed,” state that needs “help.” What ensues, is usually a certain rhetoric of “peace-building” that takes the form of advocacy for “democracy” that functions as a justification for all kinds of interventions in domestic affairs. In this context, the rule of law is pictured as the necessary and unavoidable means by which Haiti would attain sufficient “peace” and “stabilization” to enable a democratic transition. One aim of this presentation it to make explicit a certain number of assumptions and the underpinnings of this normative view, as well as its effects on the ground. In order to do so, I propose a close look at what happens in everyday life, especially in and around JP courts. Departing from this gaze from below, I show that the promotion of the rule of law and peace can indeed contrariwise lead to destabilization, violence and the reproduction of inequalities

Between 2003 and 2016, Brazil carried out a World Bank-inspired “rule-of-law” reform, which has not substantially increased access to justice. A case study over the biggest litigation in Brazilian history, enabling comparison between the results of class actions and individual lawsuits over the financial losses resulting from the heterodox economic plans, offers a tenative explanation for these disheartening results. By highlighting that the system of binding precedents consolidated in the reform is not designed to strengthen social justice, the case illustrates how the “rule-of-law” ideal can be distorted to promote the deepening of inequalities in developing countries.

The purpose of this work is to analyze and compare the Spanish and Argentine regimes on immigration matters. To this end, the Spanish regulations are analyzed through its legal body, through the special regulatory legislation on this matter, including the latest modifications introduced in the Penal Code, articulated to the analysis of Argentine immigration laws and their most recent modification to Through the Decree of Necessity and Urgency issued in January 2017. It will be seen that the influence of the migrant's social conception is undeniable at the time of the laws studied, of how the social policies related to the matter have dictated and marked the way to to follow regarding the regulation in this matter. It will be seen that the laws applicable to the migrant have permeated their social conceptions for the regulation of their regime. -