9780521607353

Law and Globalization from Below: Towards a Cosmopolitan Legality

by
  • ISBN13:

    9780521607353

  • ISBN10:

    0521607353

  • Format: Paperback
  • Copyright: 2005-10-17
  • Publisher: Cambridge University Press
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Summary

This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.

Table of Contents

Notes on the contributors xi
Law, politics, and the subaltern in counter-hegemonic globalization
1(26)
Boaventura de Sousa Santos
Cesar A. Rodriguez-Garavito
PART ONE LAW AND THE CONSTRUCTION OF A GLOBAL ECONOMY OF SOLIDARITY
27(154)
Beyond neoliberal governance: the World Social Forum as subaltern cosmopolitan politics and legality
29(35)
Boaventura de Sousa Santos
Nike's law: the anti-sweatshop movement, transnational corporations, and the struggle over international labor rights in the Americas
64(28)
Cesar A. Rodriguez-Garavito
Corporate social responsibility: a case of hegemony and counter-hegemony
92(26)
Ronen Shamir
Campaigning for life: building a new transnational solidarity in the face of HIV/AIDS and TRIPS
118(22)
Heinz Klug
Negotiating informality within formality: land and housing in the Texas colonias
140(18)
Jane E. Larson
Local contact points at global divides: labor rights and immigrant rights as sites for cosmopolitan legality
158(23)
Fran Ansley
PART TWO TRANSNATIONAL SOCIAL MOVEMENTS AND THE RECONSTRUCTION OF HUMAN RIGHTS
181(100)
Limits of law in counter-hegemonic globalization: the Indian Supreme Court and the Narmada Valley struggle
183(35)
Balakrishnan Rajagopal
The Movement of the Landless (MST), juridical field, and legal change in Brazil
218(23)
Peter P. Houtzager
Indigenous rights, transnational activism, and legal mobilization: the struggle of the U'wa people in Colombia
241(26)
Cesar A. Rodriguez-Garavito
Luis Carlos Arenas
Defensive and oppositional counter-hegemonic uses of international law: from the International Criminal Court to the common heritage of humankind
267(14)
Jose Manuel Pureza
PART THREE LAW AND PARTICIPATORY DEMOCRACY: BETWEEN THE LOCAL AND THE GLOBAL
281(103)
Political and legal struggles over resources and democracy: experiences with gender budgeting in Tanzania
283(27)
Mary Rusimbi
Marjorie Mbilinyi
Two democracies, two legalities: participatory budgeting in Porto Alegre, Brazil
310(29)
Boaventura de Sousa Santos
Life, life world, and life chances: vulnerability and survival in Indian constitutional law
339(24)
Shiv Visvanathan
Chandrika Parmar
Bottom-up environmental law and democracy in the risk society: Portuguese experiences in the European context
363(21)
Joao Arriscado Nunes
Marisa Matias
Susana Costa
Index 384

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