Law and Globalization from Below: Towards a Cosmopolitan Legality

by Edited by Boaventura de Sousa Santos , César A. Rodríguez-Garavito

• ISBN13: 9780521845403
• ISBN10: 0521845408
• Format: Hardcover
• Copyright: 2005-10-31
• Publisher: Cambridge University Press

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
1 Law, politics, and the subaltern in counter-hegemonic globalization	1	(26)
Boaventura de Sousa Santos and Cesar A. Rodriguez-Garavito
PART ONE LAW AND THE CONSTRUCTION OF A GLOBAL ECONOMY OF SOLIDARITY	27	(154)
2 Beyond neoliberal governance: the World Social Forum as subaltern cosmopolitan politics and legality	29	(35)
Boaventura de Sousa Santos
3 Nike's law: the anti-sweatshop movement, transnational corporations, and the struggle over international labor rights in the Americas	64	(28)
César A. Rodriguez-Garavito
4 Corporate social responsibility: a case of hegemony and counter-hegemony	92	(26)
Ronen Shamir
5 Campaigning for life: building a new transnational solidarity in the face of HIV/AIDS and TRIPS	118	(22)
Heinz Klug
6 Negotiating informality within formality: land and housing in the Texas colonias	140	(18)
Jane E. Larson
7 Local contact points at global divides: labor rights and immigrant rights as sites for cosmopolitan legality	158	(25)
Fran Ansley
PART TWO TRANSNATIONAL SOCIAL MOVEMENTS AND THE RECONSTRUCTION OF HUMAN RIGHTS	181	(100)
8 Limits of law in counter-hegemonic globalization: the Indian Supreme Court and the Narmada Valley struggle	183	(35)
Balakrishnan Rajagopal
9 The Movement of the Landless (MST), juridical field, and legal change in Brazil	218	(23)
Peter P. Houtzager
10 Indigenous rights, transnational activism, and legal mobilization: the struggle of the U'wa people in Colombia	241	(26)
César A. Rodriguez-Garavito and Luis Carlos Arenas
11 Defensive and oppositional counter-hegemonic uses of international law: from the International Criminal Court to the common heritage of humankind	267	(14)
José Manuel Pureza
PART THREE LAW AND PARTICIPATORY DEMOCRACY: BETWEEN THE LOCAL AND THE GLOBAL	281	(103)
12 Political and legal struggles over resources and democracy: experiences with gender budgeting in Tanzania	283	(27)
Mary Rusimbi and Marjorie Mbilinyi
13 Two democracies, two legalities: participatory budgeting in Porto Alegre, Brazil	310	(29)
Boaventura de Sousa Santos
14 Life, life world, and life chances: vulnerability and survival in Indian constitutional law	339	(24)
Shiv Visvanathan and Chandrika Parmar
15 Bottom-up environmental law and democracy in the risk society: Portuguese experiences in the European context	363	(21)
João Arriscado Nunes, Marisa Matias, and Susana Costa
Index	384