The Future Of Contract Law In Latin America

Author : Rodrigo Momberg
Publisher : Bloomsbury Publishing
ISBN 13 : 1509914293
Total Pages : 337 pages
Book Rating : 4.96/5 ( download)

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Download or read book The Future of Contract Law in Latin America written by Rodrigo Momberg and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.

Author : Rodrigo Momberg
Publisher :
ISBN 13 :
Total Pages : 18 pages
Book Rating : 4.57/5 ( download)

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Download or read book Harmonization of Contract Law in Latin America written by Rodrigo Momberg and published by . This book was released on 2015 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article provides a description of the past and current initiatives on the harmonization of contract law in Latin America. Private international law instruments of unification are described, providing a summary of the regional Latin American integration efforts and its impact on the harmonization of private law. The article also examines the most recent academic initiative of harmonization -- the project for the drafting of the Principles of Latin American Contract Law.

Author : Rodrigo Momberg
Publisher : Bloomsbury Publishing
ISBN 13 : 1509914269
Total Pages : 352 pages
Book Rating : 4.65/5 ( download)

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Download or read book The Future of Contract Law in Latin America written by Rodrigo Momberg and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.

Author : María Mercedes Albornoz
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.89/5 ( download)

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Download or read book Choice of Law in International Contracts in Latin American Legal Systems written by María Mercedes Albornoz and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nowadays, party autonomy is a world-wide accepted principle in the field of international contracts entered into by companies or individuals. In Latin America, however, some countries do not accept it. Unfortunately, there is no international convention unifying the determination of the law of international contracts in force in all Latin American states. Although some of the treaties ratified by these countries do admit the parties' right to select the lex contractus, the terms and scope of such acknowledgment may vary from treaty to treaty. Also, at the level of national sources of law, while some countries have legislation or case law that expressly allows party autonomy, others are still reticent to the idea of letting the parties choose the law that shall govern their international contracts. The traditional territorialism of the Latin region of the American continent has caused the assimilation of party autonomy to be very slow. Nevertheless, in recent years, a remarkable phenomenon has taken place: even the most reticent states, certainly compelled by the pressures of international commerce and by the regional integration's needs, have signed treaties on international arbitration, where the choice of the law applicable to the substance of the controversy is expressly accepted. Although these treaties only apply to international contracts subject to arbitration proceedings, they are helping to, gradually, fissure the states' resistance to party autonomy. But it is necessary to recognize that the legislators' and judges' deep-rooted mentality changes required for a general admission of choice of law in international contracts could still take some years. In the meanwhile, what happens in day-to-day practice? Is there any alternative for the parties who desire to exercise their autonomy by selecting their contract's law? This might be important both for a foreign party - used to choosing the law of its international contracts - and for a party established in a Latin American country where no choice of law is permitted or where that choice is subject to restrictions. This article presents a wide panorama of the multilateral treaties and the national laws dealing with the determination of the law of international contracts in force in Latin American countries, including references to the case law available to the public. Furthermore, it focuses on some states' resistance to adopt party autonomy by exploring the causes of such attitude, the consequences it can bring, as well as the possible options for the affected parties. In addition, it notes a quite recent fissure to this resistance, introduced via international arbitration. Finally, it stresses the need for a uniformed or - at least - harmonized regulation in all Latin American countries, allowing the parties to choose the law of their international contracts. Looking for the legal certainty essential for the development of international commerce, and without neglecting the state's fundamental interests, different ways for achieving this goal are proposed.

Author : James J. Heckman
Publisher : University of Chicago Press
ISBN 13 : 0226322858
Total Pages : 585 pages
Book Rating : 4.58/5 ( download)

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Download or read book Law and Employment written by James J. Heckman and published by University of Chicago Press. This book was released on 2007-11-01 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Employment analyzes the effects of regulation and deregulation on Latin American labor markets and presents empirically grounded studies of the costs of regulation. Numerous labor regulations that were introduced or reformed in Latin America in the past thirty years have had important economic consequences. Nobel Prize-winning economist James J. Heckman and Carmen Pagés document the behavior of firms attempting to stay in business and be competitive while facing the high costs of complying with these labor laws. They challenge the prevailing view that labor market regulations affect only the distribution of labor incomes and have little or no impact on efficiency or the performance of labor markets. Using new micro-evidence, this volume shows that labor regulations reduce labor market turnover rates and flexibility, promote inequality, and discriminate against marginal workers. Along with in-depth studies of Colombia, Peru, Brazil, Argentina, Chile, Uruguay, Jamaica, and Trinidad, Law and Employment provides comparative analysis of Latin American economies against a range of European countries and the United States. The book breaks new ground by quantifying not only the cost of regulation in Latin America, the Caribbean, and in the OECD, but also the broader impact of this regulation.

Author : Curtis A. Bradley
Publisher : Oxford University Press
ISBN 13 : 0190653353
Total Pages : 992 pages
Book Rating : 4.54/5 ( download)

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Download or read book The Oxford Handbook of Comparative Foreign Relations Law written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2019-06-07 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.

Author : Edesio Fernandes
Publisher : Lincoln Inst of Land Policy
ISBN 13 : 9781558442023
Total Pages : 48 pages
Book Rating : 4.22/5 ( download)

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Download or read book Regularization of Informal Settlements in Latin America written by Edesio Fernandes and published by Lincoln Inst of Land Policy. This book was released on 2011 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: In large Latin American cities the number of dwellings in informal settlements ranges from one-tenth to one-third of urban residences. These informal settlements are caused by low income, unrealistic urban planning, lack of serviced land, lack of social housing, and a dysfunctional legal system. The settlements develop over time and some have existed for decades, often becoming part of the regular development of the city, and therefore gaining rights, although usually lacking formal titles. Whether they are established on public or private land, they develop irregularly and often do not have critical public services such as sanitation, resulting in health and environmental hazards. In this report from the Lincoln Institute of Land Policy, author Edesio Fernandes, a lawyer and urban planner from Latin America, studies the options for regularization of the informal settlements. Regularization is looked at through established programs in both Peru and Brazil, in an attempt to bring these settlements much needed balance and improvement. In Peru, based on Hernando de Soto's theory that tenure security triggers development and increases property value, from 1996 to 2006, 1.5 million freehold titles were issued at a cost of $64 per household. This did result in an increase of property values by about 25 percent, making the program cost effective. Brazil took a much broader and more costly approach to regularization by not only titling the land, but improving public services, job creation, and community support structures. This program in Brazil has had a cost of between $3,500 to $5,000 per household and has affected a much lower percent of the population. The report offers recommendations for improving regularization policy and identifies issues that must be addressed, such as collecting data with baseline figures to get a true evaluation of the benefit of programs established. Also, it shows that each individual informal settlement must have a customized plan, as a single approach will not work for each settlement. There is a need to include both genders for long-term effectiveness and to find ways to make the regularization self-sustaining financially. Any program must be closely monitored to insure the conditions are improved for the marginalized, as well as be sure it is not causing new informal settlements to be established.

Author : Armin von Bogdandy
Publisher : Oxford University Press
ISBN 13 : 0192515462
Total Pages : 448 pages
Book Rating : 4.69/5 ( download)

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Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-06-16 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.

Author : Inter-American Dialogue (Organization)
Publisher :
ISBN 13 : 9781733727617
Total Pages : 153 pages
Book Rating : 4.12/5 ( download)

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Download or read book Promessas Não Cumpridas written by Inter-American Dialogue (Organization) and published by . This book was released on 2019 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume takes a broad view of recent social, political, and economic developments in Latin America. It contains six essays, focused on salient and cross-cutting themes, that try to construct a thread or narrative about the highly diverse region, highlighting its main idiosyncrasies and analyzing where it might be headed in coming years. While the essays recognize considerable advances, they also point out setbacks and missed opportunities that have stood in the way of sustained progress. Strengthening state capacity emerges as a significant challenge.

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264682317
Total Pages : 274 pages
Book Rating : 4.13/5 ( download)

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Download or read book Latin American Economic Outlook 2021 Working Together for a Better Recovery written by OECD and published by OECD Publishing. This book was released on 2021-12-02 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Latin American Economic Outlook 2021: Working Together for a Better Recovery aims to analyse and provide policy recommendations for a strong, inclusive and environmentally sustainable recovery in the region. The report explores policy actions to improve social protection mechanisms and increase social inclusion, foster regional integration and strengthen industrial strategies, and rethink the social contract to restore trust and empower citizens at all stages of the policy‐making process.