Circulación de modelos y centralidad de los códigos civiles en el derecho privado latinoamericano

This work presupposes the existence of a family of laws which can be situated in the extensive system of codified laws based on the Roman tradition, and within it a Latin American group, and seeks to organize the material within the context in which it has been produced, with the aim of achieving greater comprehension of the formation of the private law in Latin America, highlighting the models and influences used, the intervention of jurists and the significance it took on for the different societies, the characteristics of the mentioned process and the causes for its early or tardy consolidation.     

Between EU Constitution and Individuals' Self: European Citizenship

Law and Philosophy -     

Private regulatory capture via harmonization: An analysis of global retailer regulatory intermediaries

Studies using the Regulatory–Intermediary–Target (RIT) framework have examined a variety of forms of regulatory capture, including how targets capture intermediaries (T?I) and how intermediaries capture regulators (I?R). Little attention has been paid to why and how regulators themselves might engage in capture. Yet such a scenario is likely in transnational governance settings characterized by regulatory competition and conflict, as well as power differentials between different types of private regulators (non‐governmental organizations, multinational corporations, and business associations). This paper elucidates why and how a private regulator might capture another private regulator via a regulatory intermediary: R1?I?R2. Drawing on interview and archival data, I examine three industry‐driven regulatory intermediaries created to harmonize private labor codes of conduct and ethical audit processes. These are founded and governed by a small group of retail trade associations and global retailers who also fulfill the role of private regulators (R1). My analysis reveals that the creation of these intermediaries is driven by global retailers’ reliance on standardization, low transaction costs, and regulatory harmonization across all aspects of their operations. It further reveals how the harmonization platforms are designed to leverage global retailers’ market power and evolve from regulatory intermediaries into de facto regulators that supplant existing private regulators (R2), and thereby capture transnational governance of consumer product supply chains. The article concludes by discussing contributions, implications, and avenues for future research.     

How Brazil outpaced the United States when it came to AIDS: the politics of civic infiltration, reputation, and strategic internationalization

Using a temporal approach dividing the reform process into two periods, this article explains how both Brazil and the United States were slow to respond to AIDS. However, Brazil eventually outpaced the United States in its response due to international rather than democratic pressures. Since the early 1990s, Brazil's success has been attributed to "strategic internationalization": the concomitant acceptance and rejection of global pressure for institutional change and antiretroviral treatment, respectively. The formation of tripartite partnerships among donors, AIDS officials, and nongovernmental organizations has allowed Brazil to avoid foreign aid dependency, while generating ongoing incentives for influential AIDS officials to incessantly pressure Congress for additional funding. Given the heightened international media attention, concern about Brazil's reputation has contributed to a high level of political commitment. By contrast, the United States' more isolationist relationship with the international community, its focus on leading the global financing of AIDS efforts, and the absence of tripartite partnerships have prevented political leaders from adequately responding to the ongoing urban AIDS crisis. Thus, Brazil shows that strategically working with the international health community for domestic rather than international influence is vital for a sustained and effective response to AIDS.     

Legitimacy of Inequality in a Highly Unequal Context: Evidence from the Chilean Case

Economic inequality is usually assumed to be a threat to social cohesion and democracy. Nevertheless, this opposition of inequality and democracy is based on further assumptions such as (a) that people perceive economic inequality accurately, and (b) that, by and large they consider inequality unjust. Research into distributive issues has not found consistent support for neither of these assumptions. Quite the contrary, empirical evidence indicates that economic inequality is widely misperceived and that inequality is to some extent considered legitimate. So far most of the empirical evidence in the area of legitimacy comes from experimental studies in the developed world. The present research aims at widening the scope of legitimacy studies by focusing on Chile as a case country, one of the societies with the highest economic inequality worldwide, guided by the question to what extent is economic inequality considered legitimate in a context of high economic inequality? In addressing this question, and based on previous evidence, the article proposes a way to evaluate (a) the legitimacy of inequality at a country level via survey research, and (b) the role of inequality perception and justice ideologies in the justification of economic inequality. The data to be analyzed is the public opinion survey International Social Justice Project (ISJP), implemented in Chile in the year 2007 (n = 890). Multivariate analysis results reveal signs of legitimacy of inequality in Chile, opening a series of issues regarding the acceptance and stability of unequal distributions.