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Order Without (Enforceable) Law: Why Countries Enter Into Non-Enforceable Competition Policy Chapters In Free Trade Agreements, D. Daniel Sokol

UF Law Faculty Publications

Over the past ten to fifteen years, there has been an explosion of bilateral and regional free trade agreements in Latin America (together, these are called "preferential free trade agreements" or PTAs). The purpose of PTAs is to increase trade, regulatory, and investment liberalization. As effective trade liberalization requires more than just a reduction of tariffs, PTAs include "chapters" in a number of areas of domestic regulation. These chapters address domestic regulation and create binding commitments to liberalize domestic regulation that may impact foreign trade. Among chapters that address domestic regulation, many of the Latin American PTAs include a chapter …

Tierra Y Libertad: The Social Function Doctrine And Land Reform In Latin America, Thomas T. Ankersen, Thomas Ruppert

UF Law Faculty Publications

Latin America has been caught for centuries in a vicious cycle of land consolidation and land reform; the issue perennially resurfaces since concentration of land and associated resources results in conflict.' Latin American nations are among the world's leaders when it comes to the inequality of land distribution.

Land reform, or agrarian reform, as it is more commonly referred to in Latin America, is hardly a new phenomenon. As we will show, the need to develop a policy to redress the consolidation of lands by a powerful few and redistribute it in the name of equity and development has its …

Shared Knowledge, Shared Jurisprudence: Learning To Speak Environmental Law Creole (Criollo), Thomas T. Ankersen

UF Law Faculty Publications

The character of the legal and judicial systems in Latin America and the Caribbean is undergoing fundamental change.' Traditionally weak judiciaries are emboldened, precedent as a jurisprudential decision-making tool has become increasingly important, the apparatus of administrative law has become more sophisticated and complex, and increasingly sophisticated reporting systems and the "globalization" of shared jurisprudence through contemporary communication media have all contributed to the development of law in the region. These broader systemic developments, though uneven and incomplete, have occurred in tandem with the emergence of environmental law as a unique and discrete body of law.

This Article traces several …