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Full-Text Articles in Law

El Uso Del Derecho Comparado Como Forma De Escape De La Subordinación Colonial, Jorge Gonzalez-Jacome May 2006

El Uso Del Derecho Comparado Como Forma De Escape De La Subordinación Colonial, Jorge Gonzalez-Jacome

Jorge Gonzalez-Jacome

The Colombian legal culture has not been able to make a fruitful use of the available methodologies in the area of comparative law. National doctrine has understood comparative law as a contrast between two legal provisions that belong to different legal systems without being aware that this kind of comparison is contributing to perpetuate old colonialist ideologies. This phenomenon is visible when Colombian doctrine compares our legal provisions with those issued in what might be called countries of the first world. Under this perspective, it appears that law travels from the civilized world to the uncivilized. Therefore, I think that …


Imperialism, Colonialism And International Law, James Gathii Apr 2006

Imperialism, Colonialism And International Law, James Gathii

ExpressO

This paper makes an original contribution by unearthing the relationship between imperialism and colonialism in nineteenth century international law. My exploration of the relationship between imperialism and colonialism concretely demonstrates how international legal doctrines surrounding British protectorates of the nineteenth century did not distinguish between imperialism as represented by the introduction of rules and practices of English private and business law into the colonies, on the one hand, and colonialism particularly as exemplified by rules of acquisition of title to territory, on the other. The introduction of English rules of property, tort and contract in the protectorate however went beyond …


Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen G. Gonzalez Dec 2005

Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen G. Gonzalez

Carmen G. Gonzalez

The theory of comparative advantage serves as the theoretical justification for the neoliberal economic reforms promoted by the International Monetary Fund, the World Bank, and multilateral and regional free trade agreements. This article employs insights from both neoclassical and heterodox economics in order to critique the theory of comparative advantage as applied to the agricultural sector. In particular, the article takes aim at the illusory notion that eliminating distortions in international agricultural trade caused by the lavish agricultural subsidies of wealthy nations will be sufficient to “level the playing field” and promote prosperity in both developed and developing countries. The …