Comments for South American Law & Policy

Comment on An Exercise for Students of International Law and Relations by fromherz

fromherz — Fri, 20 Apr 2012 20:54:51 +0000

If I don’t get these to you by tomorrow, please bug me. Today has turned out to be a hectic one . . ..

Comment on An Exercise for Students of International Law and Relations by Andrea Rodriguez Osuna

Andrea Rodriguez Osuna — Fri, 20 Apr 2012 20:48:16 +0000

Excellent, thanks !

Comment on An Exercise for Students of International Law and Relations by fromherz

fromherz — Thu, 19 Apr 2012 17:25:51 +0000

Sure thing. I have versions in Spanish and English. I’ll send the English for now; just let me know if you want the Spanish versions as well. Cheers!

Comment on An Exercise for Students of International Law and Relations by Andrea Rodriguez Osuna

Andrea Rodriguez Osuna — Thu, 19 Apr 2012 15:27:42 +0000

Hi
Interesting activity, I am actually looking for activities regarding global governance and global issues for my students. My only issue is that i have to deal with over 60 interdisciplinary students but it sounds like i could use your technique anyhow. Would you mind sending me the fact patterns that you used? I would really appreciate it… Andrea

Comment on Another Victory for TIPNIS? Bolivian Government Announces Rescission of Contract with Brazilian Firm OAS, But Questions Abound by Guest posting announcements and updates – Focus on Somalia, Colombia, Kosovo, Bolivia and Ecuador | TerraNullius

Fri, 13 Apr 2012 10:55:10 +0000

[...] contributed by Nicholas Fromherz of the South American Law and Policy blog. First, Nicholas has provided an update to his earlier observations in TN on the controversy over plans to build a road through the TIPNIS [...]

Comment on Chevron’s Refusal to Apologize to Affected Communities in Ecuador by Chevron-Ecuador Guest Post on Terra Nullius | South American Law & Policy

Fri, 30 Mar 2012 12:29:51 +0000

[...] of environmental law, resident of the Andes, and former clerk for two federal judges, I have followed the Chevron-Ecuador case with increasing interest—and, of late, increasing concern. No matter which side we believe, it [...]

Comment on Chevron’s Refusal to Apologize to Affected Communities in Ecuador by An inconvenient forum: Thoughts on the Chevron-Ecuador Case | TerraNullius

An inconvenient forum: Thoughts on the Chevron-Ecuador Case | TerraNullius — Fri, 30 Mar 2012 08:37:56 +0000

Comment on Coca-Leaf Justice by rcw200

rcw200 — Tue, 20 Mar 2012 16:03:29 +0000

Good question. In Sweden, the Sami have a degree of self-government, language rights and land rights. However, I don’t think there is much in the way of recognition of customary adjudication processes within the community and certainly all the land (and other) disputes with the majority community end up in the state court system. Norway is more progressive, but I’m not sure if it goes as far as meaningful pluralism.

Comment on Coca-Leaf Justice by fromherz

fromherz — Tue, 20 Mar 2012 14:06:22 +0000

That seems right. Coordinating the two systems presents an ongoing challenge (and perhaps even more so in a country like Bolivia, where the state system itself lacks stability and clarity). They’re supposed to be co-equal, but obviously one has to trump the other in some situations. Just out of curiosity, have any of the Scandinavian countries toyed with legal pluralism vis-a-vis the Sami?

Comment on Coca-Leaf Justice by rcw200

rcw200 — Tue, 20 Mar 2012 13:28:31 +0000

To connect the two threads, one strain of thought in approaches to legal pluralism is the idea that customary systems can connect with state justice systems through the modality of appeal from the former to the latter (with the latter required to apply customary law to the extent it is compatible with key constitutional and international human rights norms). Perhaps your High Court judge was familiarizing himself with locally applicable procedural norms…