Books by Carlos E. Gallegos-Anda
Territorialidades otras: Visiones alternativas de la tierra y del territorio desde el Ecuador, 2018
Introducción 45
El territorio en Europa y América 47
Nociones civilizadoras del territorio 49
Ter... more Introducción 45
El territorio en Europa y América 47
Nociones civilizadoras del territorio 49
Territorialidad regional: La visión de la Corte Interamericana de Derechos Humanos 57
El territorio desde la visión de Montecristi y del derecho ecuatoriano64
Conclusión: De lo ideal a lo real 70
Bibliografía
Brill Publishing, 2020
Ecuador’s “Good Living”: Crises, Discourse, and Law by Gallegos Anda, presents a critical approac... more Ecuador’s “Good Living”: Crises, Discourse, and Law by Gallegos Anda, presents a critical approach towards the concept of Buen Vivir that was included in Ecuador’s 2008 Constitution. Due to its apparent legal novelty, this normative formula received much praise from multiple civil society and academic circles by forging what some argued to be a new development paradigm based on Andean epistemologies. Gallegos Anda theorizes this important phenomenon through an inductive analysis of context and power relations. Through a masterful navigation through epistemological fields, the author offers a critical theory of Buen Vivir that focuses on changing citizenship regimes, a retreating state, politicised ethnic cleavages, discursive democracy and the emergence of an empty signifier. Gallegos-Anda is the first to situate Buen Vivir in a theoretical context grounded in international human rights law.
Anteproyecto de Código Orgánico de Garantías Penales La constitucionalización del derecho penal
Furthermore, the object of analysis of this work focuses on the rights ancestral indigenous peopl... more Furthermore, the object of analysis of this work focuses on the rights ancestral indigenous peoples with a particular emphasis on justice as central to the exercise of rights of indigenous peoples. Justice, value shared by all humanity, manifests itself in a way complex in the case of indigenous peoples and communities, for their particular way of conceiving the world, the person, and the principles on which underlying the relationships between them.
Our country, like many others in the world, responds to a past and This deeply rich in indigenous forms, often disrupted by excluding processes that claimed the privilege of a position in the world on the other hand, the hegemony of a model of ideas imported on other original nature, in conclusion, the supremacy of a world view to justify their legitimacy and ensure their preeminence isolates other trends.
In this sense, the new Constitution, decisively addresses the regulation of indigenous justice through recognition of their duties courts, their ancestral traditions and their own right, their rules and dispute settlement procedures, and ensuring respect of its decisions by institutions and public authorities, Unlike previous constitutions recognized that rhetorically. In this context, this book encourages and drives us to place the issue on discussion, to revise our ideas, to recover our memory, update our knowledge and take on new positions. Finally released conceive of ancestral rights and justice in multinational contexts.
El
desarrollo de la cosmovisión detrás de nuestro entendimiento de la naturaleza nos sitúa en la ... more El
desarrollo de la cosmovisión detrás de nuestro entendimiento de la naturaleza nos sitúa en la fase inicial del debate propuesto, perfilando las concepciones de Gaia y la Pacha Mama como puntos de referencia consecuentes con las culturas que conforman la América mestiza.
Papers by Carlos E. Gallegos-Anda
The Polymorphism of Good Living
BRILL eBooks, Nov 13, 2020
The Context of Good Living: Situating Theory and Method
BRILL eBooks, Nov 13, 2020
Good Living in the Academic Literature
BRILL eBooks, Nov 13, 2020
Beyond Living Well
BRILL eBooks, Nov 13, 2020
The Critical Juncture
BRILL eBooks, Nov 13, 2020
Genocide, Human Groups and Poverty
Social Science Research Network, Aug 18, 2015
Human history is plagued with acts of genocide. Whilst the brutality of the act remains the same ... more Human history is plagued with acts of genocide. Whilst the brutality of the act remains the same throughout time the contexts and circumstances of its occurrence are ever changing. From the Genocide Convention onwards (as well as the current legal praxis and its incumbent jurisprudence) attacks on national, religious or ethnic groups have framed the surrounding debate. In the judicial processes for Rwanda and the Balkans, the zealous protection of these groups has constantly rejected economic groups as part of the “protected groups” sanctioned in 1948. The present essay will argue that economic conditions in a country may lead to a bureaucratic and administrative genocide in which situations of extreme poverty are systematic attacks against the poor and vulnerable. Consequently a broader definition of “group” is needed in order to encompass the socio-economic realities and inequalities of today in order to prevent the genocides of tomorrow.
Good Living was included in Ecuador's 2008 Constitution as a result of a long-period of crises th... more Good Living was included in Ecuador's 2008 Constitution as a result of a long-period of crises that reshaped the country's political realm, altering centuries of citizenship regimes and the legal institutions that made them viable. Novel in character, Good Living, Sumak Kawsay or Buen Vivir would catalyze debates in various academic and civil society circles that longed for a political, social and economic alternative to the tumultuous years that proceeded the enactment of the 2008 Constitution. Through inductive theory-guided process tracing, this thesis analyses current strains of what has been labelled as statist, Indigenist and post-developmental Good Living in order to examine its origins and develop a more nuanced theoretical approach titled "critical Good Living". Unlike its previous theoretical counterparts, Critical Good Living unites the converging forces of a retreating state, changing citizenship regimes, politicized ethnic cleavages, discursive democracy and the emergence of an empty signifier to craft a new theory from which Buen Vivir may be depicted. Contextual in nature, a product of its time and the forces that forged it, Good Living would be the end-result of a striving indigenous movement, international NGOs, a retreating state and new forms of transnational governmentality uniting to displace radical forms of civil society cohesion. This new form of biopolitics, would create microfoundations of power that would leverage on indigenous demands of autonomy and collective rights to promote market-orientated assets that could remedy staggering levels of poverty throughout the 1990s and early 2000s. Good Living, as an empty signifier, would wield power in new ways, pacifying social protest as it catered to many and satisfied none. However, this thesis also presents the power of its introduction as a constitutional principle, as its harbours the possibility of developing legal instruments of law that are both local, regional and international. This possibility is the central contribution this thesis makes. The Introduction presents the reader to Good Living by broadly situating the discussion within the contexts from which it emerged. Additionally, it presents the three dominating theoretical currents that have been constructed to analyse Good Living. Finally, it sets out the general structure of the thesis. Chapter One introduces iv the main theoretical arguments and methodological approach used. It develops the methodology of theory-guided process tracing that will be applied and the notion of a "critical juncture". Chapter Two reviews the predominant theoretical currents that have emerged since Good Living's constitutional birth in 2008. The thesis argues for a different analysis, suggesting a "critical" reading of Good Living. Chapter Three outlines the contextual setting from which Good Living emerged. It seeks to highlight the complex interrelation of economic, social and political upheavals that came together during the critical juncture. Three elements of this period are crucial: a retreating state; politicised ethnic cleavages; and changing citizenship regimes. Chapter Four states that Good Living is the result of the transnational discourses of power that descended upon Ecuador during the critical juncture. Detailing the effects of politicised ethnic cleavages, state retreat and changing citizenship regimes, it argues that a new form of politics emerged, one best understood through Dryzek's discursive democracy. Moreover, through Laclau and Mouffe's notion of the "empty signifier", the chapter argues that Good Living reconciled what had been a transgressive politics with hegemonic neoliberalism. Chapter Five presents the core findings by re-situating debates surrounding Good Living within the power relations that surfaced during Ecuador's critical juncture. Additionally, it presents new ways in which Good Living may be enforced, by linking its domestic enforcement to human rights treaties and the regional jurisprudence that has emerged from the Inter-American Court of Human Rights, particularly on matters relating to the concept of Vida Digna and economic, social and cultural rights. v ACKNOWLEDGEMENTS First and foremost, my gratitude to the people of Ecuador whose generous financial support, through the National Scholarship Program of Ecuador, allowed me to pursue both my LLM and PhD at the Australian National University. In addition, I would like to thank the Australian National University for the Fee Remission Merit Scholarship that was awarded at the end of my PhD studies. My gratitude is also expressed to the School of Politics and International Relations of the Australian National University for their financial support during my field research and participation in conferences that took place in Australia, Canada, Ecuador, and the United States of America. Having the possibility of presenting my work to broader audiences allowed me to refine my research and access feedback that proved crucial in the timely finishing of my dissertation. My gratitude to Dr John Minns, my supervisor, for his patience whilst revising my work, as well as the support he offered as I sought to present my research abroad. Amongst those who offered their time to review and comment my work as it progressed, I would like to thank Carlos Morreo Boada, Heloise Weber, Danilo Caicedo and Kim Rooken-Smith. To Patricia, Esteban and Rocío, your support and care towards the end of my PhD was invaluable and unforgettable. Daniela: this project, and the many lessons that came with it taught me so much along the way. On a more personal note, my eternal gratitude goes to Piedad, Manuela and Mercedes for their love, guidance and patience throughout my life. Finally, I would like to thank my grandmother for her faith, encouragement, and endless support in all my endeavours and guidance in all my errors. vi
The Inefficiency of Efficiency: Retaliation, Equivalence and Efficient Breach in the World Trade Organisation
Social Science Research Network, 2015
The international law of world trade is cemented on principles of economic logic that are themsel... more The international law of world trade is cemented on principles of economic logic that are themselves based on rational choice and public choice theory. As a system constructed on notions of market equilibrium, procedural mechanisms such as dispute settlement and the authorization of retaliation are intended to reinstate the proper functioning of competitive markets in line with the wording of the GATT. However some research suggests that retaliation, equivalence and the notion of efficient breach in the WTO falls far from its objective. This essay will argue that as it is currently stands efficient breach, retaliation and equivalence within the WTO not only contradicts basic tenets of the GATT but in doing so creates a market dysfunction that situates world commerce further away from the intended equilibrium and the functioning of competitive markets commanded by multilateral trade law.
Transnational Anti-Corruption as a Discourse of Power
Social Science Research Network, 2014
International treaties and domestic legislation regulating corrupt practices by public officials ... more International treaties and domestic legislation regulating corrupt practices by public officials have appeared in a myriad of jurisdictions and legislations. However the reach and teeth of some legislation calls into question basic principles of international law and the limits that enforcing them must adhere to. The following essay will suggest that the current international system guiding the sanctioning of corrupt practices is tilted towards the interests of hegemonic world players such as the United States. Furthermore, it will highlight that as it stands, anti-corruption legislation places unwarranted and unauthorized prerogatives in the hands of a world elite that sanctions and prosecutes according to its geo-political interests.
Ecuadorrs Good Living as a Living Law
Social Science Research Network, 2016
In 2008 Ecuador reformed its constitution after a prolonged period of economic, social and politi... more In 2008 Ecuador reformed its constitution after a prolonged period of economic, social and political crisis. The momentary rupturing of power structures that had limited political participation to small clusters of elites opened political spaces for historically marginalized social groups to engage in the political process of constitutional drafting. As a result of this unprecedented political shift in participation and inclusiveness in the countries power structures, alternative notions of cultural, social and economic rights surfaced. This progressive constitutionalism is thus a novel attempt at overcoming legal formalism in favour of a Living Law. A law that embraces the contextual settings where it will be applied by scrutinizing the historic power structures that have guided it. Good Living as a legal principle underlines the enactment of a Living Law.
Ethnopolitics in Ecuador: Inter-American Constitutionalism and Good Living
Social Science Research Network, 2016
The 1990’s saw the rise and consolidation of Ecuador’s indigenous movement. As a result of conver... more The 1990’s saw the rise and consolidation of Ecuador’s indigenous movement. As a result of converging economic, social and political crises during this period, the traditional centres of power were forced to recede, clearing the way for indigenous peoples to demand cultural, social, political and economic transformation in Ecuadorian society.This process coincided with a transformative era that some have called the ‘progressive constitutionalism of the global south’. A transformation led by the convergence of domestic, regional and international human rights law. The concurrent timing of these events led to the consolidation of a particular form of ethnopolitics, which combined historical demands for social and political equality with newer concepts such as plurinationalism, multiculturalism and protecting the integrity of the environment. Conceptual advancements that were later enshrined in Ecuador’s 2008 Constitution in the form of Good Living and subsequently reinstated in the Sarayaku v Ecuador judgment of the Inter-American Court of Human Rights.
Good Living in the Academic Literature
Ecuador’s “Good Living”, 2020
The Polymorphism of Good Living
Ecuador’s “Good Living”, 2020
The Context of Good Living: Situating Theory and Method
Ecuador’s “Good Living”, 2020
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Books by Carlos E. Gallegos-Anda
El territorio en Europa y América 47
Nociones civilizadoras del territorio 49
Territorialidad regional: La visión de la Corte Interamericana de Derechos Humanos 57
El territorio desde la visión de Montecristi y del derecho ecuatoriano64
Conclusión: De lo ideal a lo real 70
Bibliografía
Our country, like many others in the world, responds to a past and This deeply rich in indigenous forms, often disrupted by excluding processes that claimed the privilege of a position in the world on the other hand, the hegemony of a model of ideas imported on other original nature, in conclusion, the supremacy of a world view to justify their legitimacy and ensure their preeminence isolates other trends.
In this sense, the new Constitution, decisively addresses the regulation of indigenous justice through recognition of their duties courts, their ancestral traditions and their own right, their rules and dispute settlement procedures, and ensuring respect of its decisions by institutions and public authorities, Unlike previous constitutions recognized that rhetorically. In this context, this book encourages and drives us to place the issue on discussion, to revise our ideas, to recover our memory, update our knowledge and take on new positions. Finally released conceive of ancestral rights and justice in multinational contexts.
desarrollo de la cosmovisión detrás de nuestro entendimiento de la naturaleza nos sitúa en la fase inicial del debate propuesto, perfilando las concepciones de Gaia y la Pacha Mama como puntos de referencia consecuentes con las culturas que conforman la América mestiza.
Papers by Carlos E. Gallegos-Anda