This study describes a Latin American legal system which punishes only the poor and a democratic state which fails to control its own agents' arbitrary practices. The contributors argue that judicial reform cannot be seperated from human rights and that justice must be made available to the poor.

Few tasks are as crucial for the future of democracy in Latin America—and, indeed, in other underdeveloped areas of the world—as strengthening the rule of law and reforming the system of taxation. In this book, Marcelo Bergman shows how success in getting citizens to pay their taxes is related intimately to the social norms that undergird the rule of law. The threat of legal sanctions is itself insufficient to motivate compliance, he argues. That kind of deterrence works best when citizens already have other reasons to want to comply, based on their beliefs about what is fair and about how their fellow citizens are behaving. The problem of "free riding," which arises when cheaters can count on enough suckers to pay their taxes so they can avoid doing so and still benefit from the government’s supply of public goods, cannot be reversed just by stringent law, because the success of governmental enforcement ultimately depends on the social equilibrium that predominates in each country. Culture and state effectiveness are inherently linked. Using a wealth of new data drawn from his own multidimensional research involving game theory, statistical models, surveys, and simulations, Bergman compares Argentina and Chile to show how, in two societies that otherwise share much in common, the differing traditions of rule of law explain why so many citizens evade paying taxes in Argentina—and why, in Chile, most citizens comply with the law. In the concluding chapter, he draws implications for public policy from the empirical findings and generalizes his argument to other societies in Africa, Asia, and Eastern Europe.

The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2018 edition both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: whether the Paris Declaration of 2017 and the Oslo Recommendation of 2018 deals with enhancing their institutions' legitimacy; how to reconcile human rights, trade law, intellectual property, investment and health law with the WTO dispute settlement panel upholding Australia's tobacco plain packaging measure; Israel's acceptance of Palestinian statehood contingent upon prior Palestinian "demilitarization" is potentially contrary to pertinent international law; and a proposal to strengthen cooperation between the ECJ and National Courts in light of the failure of the dialogue between the ECJ and the Italian Constitutional Court on the interpretation of Article 325 of the Treaty on the Functioning of the European union. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization. This publication can also be purchased on a standing order basis.

This book analyses patterns of collective action that emerged during Guatemala’s democratic transition between 1985 and 1996, focusing in particular on the role of indigenous actors in the political processes undergirding and shaping democratisation and the respective impact of the transition upon indigenous social movements. Comparatively little has been written about collective action in Guatemala within the discipline of political science, despite the mobilisation of a wide range of social movements in response to the brutal armed conflict; rather, literature has focused principally on the role of elite actors in democratisation. This study presents a fresh perspective, presenting an analysis of the political evolution of three social movements and their human rights platforms through the framework of social movement theory.

Drawing on social movement theory, this book presents a comprehensive analysis of the evolution of collective action during Guatemalaa (TM)s democratic transition (1985-1996) and the accompanying impact of social movements on democratisation, focusing on three indigenous peoplesa (TM) social movement organisations.

One of the pioneers of democratization studies presents the culmination of a lifetime's study in the form of a far-reaching and profound analysis of the relationship between the state and democracy.

There is a sprawling scholarship on violence, crime, and corrupt state rule; yet few have interpreted these challenges as transformative at the global scale and as a potential source of alternative, non-state, legitimacy. This volume challenges "Westphalian conservativism" in a provocative yet plausible manner, shedding light at the ubiquity and diversity of unfolding non-state agendas and at their effect on the imagined state community. Focusing on civil war parties, warlords, commercial providers of security, multinational companies and criminal organizations, the book directs attention to theoretical questions and policy challenges arising from non-state armed expansion. To accomplish this, the contributors present a range of case studies and comparisons within three thematic sections: the first takes stock of how, when, and in what measure state and state-system legitimacy are challenged by non-state violent or criminal activity; the second addresses the nature, effectiveness, and side-effects of different state-mandated reaction to non-state activities; and third focuses on the recombination of state and non-state actors contributing to processes of socio-political transformation. This volume provides a current analysis of different armed and violent actors encroaching on the state's monopoly of violence. It seeks to spark debate about global political change and will be of interest to students and scholars of global governance, global security, and international relations.

In an historically unprecedented way, democracy is now increasingly seen as a universal model of legitimate rule. This work addresses the key question: How can democracy be understood in theory and in practice?.

This book develops a unique sociological approach to the analysis of transnational legal norms. This title is also available as Open Access.