Law and Globalization from Below: Towards a Cosmopolitan Legality

doi:10.1017/CBO9780511494093

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.

"Law and Globalization from Below is a collection of deeply insightful and challenging essays."
Benedict Sheehy, The Law and Politics Book Review

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Contents

Frontmatter
pp i-viii
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Contents
pp ix-x
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Notes on the contributors
pp xi-xvi
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1 - Law, politics, and the subaltern in counter-hegemonic globalization
pp 1-26
- By Boaventura de Sousa Santos, Professor University of Coimbra Portugal; Distinguished Legal Scholar University of Wisconsin-Madison Law School, César A. Rodríguez-Garavito, Assistant Professor University of the Andes Colombia
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PART ONE - LAW AND THE CONSTRUCTION OF A GLOBAL ECONOMY OF SOLIDARITY
pp 27-28
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2 - Beyond neoliberal governance: the World Social Forum as subaltern cosmopolitan politics and legality
pp 29-63
- By Boaventura de Sousa Santos, Professor of Sociology University of Coimbra Portugal
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3 - Nike's law: the anti-sweatshop movement, transnational corporations, and the struggle over international labor rights in the Americas
pp 64-91
- By A. César Rodríguez-Garavito, Assistant Professor of Law and Sociology University of Los Andes Colombia
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4 - Corporate social responsibility: a case of hegemony and counter-hegemony
pp 92-117
- By Ronen Shamir, Associate Professor of Sociology Tel-Aviv University Israel
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5 - Campaigning for life: building a new transnational solidarity in the face of HIV/AIDS and TRIPS
pp 118-139
- By Heinz Klug, Professor of Law University of Wisconsin-Madison
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6 - Negotiating informality within formality: land and housing in the Texas colonias
pp 140-157
- By Jane E. Larson, Professor University of Wisconsin-Madison
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7 - Local contact points at global divides: labor rights and immigrant rights as sites for cosmopolitan legality
pp 158-180
- By Fran Ansley, Professor of Law University of Tennessee Knoxville
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PART TWO - TRANSNATIONAL SOCIAL MOVEMENTS AND THE RECONSTRUCTION OF HUMAN RIGHTS
pp 181-182
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8 - Limits of law in counter-hegemonic globalization: the Indian Supreme Court and the Narmada Valley struggle
pp 183-217
- By Balakrishnan Rajagopal, Assistant Professor of Law and Development Massachusetts Institute of Technology
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9 - The Movement of the Landless (MST), juridical field, and legal change in Brazil
pp 218-240
- By Peter P. Houtzager, Institute of Development Studies University of Sussex
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10 - Indigenous rights, transnational activism, and legal mobilization: the struggle of the U'wa people in Colombia
pp 241-266
- By César A. Rodríguez-Garavito, Assistant Professor of Law and Sociology University of Los Andes Colombia, Luis Carlos Arenas, Executive Director Wisconsin Coordinating Council on Nicaragua
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11 - Defensive and oppositional counter-hegemonic uses of international law: from the International Criminal Court to the common heritage of humankind
pp 267-280
- By José Manuel Pureza, Professor of International Relations and researcher The Center for Social Studies University of Coimbra Portugal
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PART THREE - LAW AND PARTICIPATORY DEMOCRACY: BETWEEN THE LOCAL AND THE GLOBAL
pp 281-282
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12 - Political and legal struggles over resources and democracy: experiences with gender budgeting in Tanzania
pp 283-309
- By Mary Rusimbi, Executive Director The Tanzania Gender Networking Programme, Marjorie Mbilinyi, Tanzania Gender Networking Programme
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13 - Two democracies, two legalities: participatory budgeting in Porto Alegre, Brazil
pp 310-338
- By Boaventura de Sousa Santos, Professor of Sociology School of Economics University of Coimbra Portugal
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14 - Life, life world, and life chances: vulnerability and survival in Indian constitutional law
pp 339-362
- By Shiv Visvanathan, Professor Dhirubhai Ambani Institute Ahmedabad India, Chandrika Parmar, Adjunct Professor Mudra Institute Ahmedabad India
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15 - Bottom-up environmental law and democracy in the risk society: Portuguese experiences in the European context
pp 363-383
- By João Arriscado Nunes, Associate Professor of Sociology School of Economics University of Coimbra Portugal, Marisa Matias, Sociologist and a Researcher University of Coimbra Portugal, Susana Costa, Sociologist and a Researcher University of Coimbra Portugal
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Index
pp 384-395
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Law and Globalization from Below

Towards a Cosmopolitan Legality

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Contents

Frontmatter
pp i-viii

Contents
pp ix-x

Notes on the contributors
pp xi-xvi

1 - Law, politics, and the subaltern in counter-hegemonic globalization
pp 1-26

PART ONE - LAW AND THE CONSTRUCTION OF A GLOBAL ECONOMY OF SOLIDARITY
pp 27-28

2 - Beyond neoliberal governance: the World Social Forum as subaltern cosmopolitan politics and legality
pp 29-63

3 - Nike's law: the anti-sweatshop movement, transnational corporations, and the struggle over international labor rights in the Americas
pp 64-91

4 - Corporate social responsibility: a case of hegemony and counter-hegemony
pp 92-117

5 - Campaigning for life: building a new transnational solidarity in the face of HIV/AIDS and TRIPS
pp 118-139

6 - Negotiating informality within formality: land and housing in the Texas colonias
pp 140-157

7 - Local contact points at global divides: labor rights and immigrant rights as sites for cosmopolitan legality
pp 158-180

PART TWO - TRANSNATIONAL SOCIAL MOVEMENTS AND THE RECONSTRUCTION OF HUMAN RIGHTS
pp 181-182

8 - Limits of law in counter-hegemonic globalization: the Indian Supreme Court and the Narmada Valley struggle
pp 183-217

9 - The Movement of the Landless (MST), juridical field, and legal change in Brazil
pp 218-240

10 - Indigenous rights, transnational activism, and legal mobilization: the struggle of the U'wa people in Colombia
pp 241-266

11 - Defensive and oppositional counter-hegemonic uses of international law: from the International Criminal Court to the common heritage of humankind
pp 267-280

PART THREE - LAW AND PARTICIPATORY DEMOCRACY: BETWEEN THE LOCAL AND THE GLOBAL
pp 281-282

12 - Political and legal struggles over resources and democracy: experiences with gender budgeting in Tanzania
pp 283-309

13 - Two democracies, two legalities: participatory budgeting in Porto Alegre, Brazil
pp 310-338

14 - Life, life world, and life chances: vulnerability and survival in Indian constitutional law
pp 339-362

15 - Bottom-up environmental law and democracy in the risk society: Portuguese experiences in the European context
pp 363-383

Index
pp 384-395

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Law and Globalization from Below

Towards a Cosmopolitan Legality

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