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Article

From Liberation Theology to (Liberationist) Peace Studies

Practice, Reflection and the Generation of Scholarship

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords liberation theology, theory, practice, peace studies, religion
Authors Leo Guardado
AbstractAuthor's information

    This article illustrates liberation theology’s evolution and method and argues that its approach to bridging the gap between theory and practice serves as a complement and challenge for conceptualizing the dynamic and fluid relationship between scholarship and practice in peace studies. The 1971 publication of A Theology of Liberation made Fr. Gustavo Gutiérrez one of the most influential scholars and theologians of the 20th century, but the process that led to this publication rests upon the day-to-day reflective practice of its author. Gutiérrez’ commitment to pastoral practice, especially among poor communities, raises questions about whose and what kind of knowledge is privileged in the academy, about the possibility of sustainably sourcing wisdom from local communities and about the necessity of scholars to locate themselves within the realities and among the communities they study. Given the affinity between liberation theology’s inductive method and the elicitive approach in some currents of peace studies, the article places its emphasis on the convergent contributions of Gustavo Gutiérrez and John Paul Lederach and draws information from personal conversations with both authors. As a whole, the article contributes to the bourgeoning and necessary dialogue between peace studies and theology.


Leo Guardado
Leo Guardado is a PhD student in the joint programme in Theology and Peace Studies at the University of Notre Dame. His research interests include liberation theology, human displacement and the role of church communities for building justice and peace.

    This article demonstrates how international policy frameworks provide space for iterative engagement between peacebuilding scholars and practitioners. I focus on United Nations Security Council Resolution (UNSCR) 1325, which prioritized gender mainstreaming in all stages of peacebuilding. This analysis is based on a review of documents and literature that trace the trajectory of UNSCR 1325 from a variety of perspectives, and informal field interviews with practitioners working at the nexus of gender and peacebuilding. UNSCR 1325 was the product of practitioners who felt that gender was central to peace and security in practice and supported their views with theory. The process of drafting and implementing UNSCR 1325 simultaneously legitimized practitioner projects to incorporate women in peacebuilding and narrowed their scope, prompting critique and research from scholars and scholar-practitioners. The ensuing debates reveal how international policy frameworks can provide a space for iterative and productive discourse between scholars and practitioners by reaffirming shared normative objectives and making the contributions and limitations of both theory and practice visible. Scholar-practitioners can expand the frequency, quality and impact of interactions in this space by acting as intermediaries who circulate between and bridge the worlds of scholarship, policy and practice.


Danielle Fulmer
Danielle Fulmer is a former PhD student in the joint programme in Sociology and Peace Studies at the University of Notre Dame. Her research interests include local–global collaborations to transform gender norms and the role of intermediary actors in grassroots social movements.

Setsuko Aoki
Keio University, Japan, saoki@ls.keio.ac.jp.

Carlos Gabriel Argüelles Arredondo
Instituto de Estudios Internacionales, Universidad del Mar, Mexico, Facultad de Economía y Relaciones Internacionales, Universidad Autónoma de Baja California, Mexico, Email: carlosarguellesarr@hotmail.com.

Tatiana Ribeiro Viana
Tatiana Ribeiro Viana (corresponding author), Sapienza – University of Rome, Italy, tativiana@tiscali.it.

Juliana Macedo Scavuzzi dos Santos
Juliana Macedo Scavuzzi dos Santos, Brazilian Association of Air and Space Law (SBDA), Canada, juliana.scavuzzi@mail.mcgill.ca.

Sylvia Ospina
S. Ospina & Associates – Consultants, POB 141814, Coral Gables, FL 33114, Email: sospina@bellsouth.net; sospina2@gmail.com.

Luis Fernando Castillo Argañarás
National Council of Scientific and Technical Research (CONICET) of Argentina and Universidad Argentina de la Empresa (UADE), Argentina, lcastillo@uade.edu.ar. Special thanks to Daniela Costa, attorney at law and legal translator, for her collaboration in the English version of this paper. dcosta@thelinguacorp.com.
Article

The Second African National Space Law

The Nigerian NASRDA Act and the Draft Regulations on Licensing and Supervision

Journal International Institute of Space Law, Issue 5 2016
Authors Frans G. von der Dunk
Author's information

Frans G. von der Dunk
University of Nebraska-Lincoln, College of Law, Space, Cyber and Telecommunications Law Program, Fvonderdunk2@unl.edu.

Edmond Boulle
Satellite Applications Catapult, United Kingdom, edmond.boulle@sa.catapult.org.uk. The author is a member of the International Institute of Space Law and former Executive Secretary of the European Centre for Space Law (2013-2015). The views expressed in this paper are those of the author. The author would like to thank Neil Fleming (AIG), Paul Aitchison (AIG) and Florian Deconinck (Satellite Applications Catapult) for a thought provoking discussion that gave rise to this paper. The author also wishes to express his sincere gratitude to David Wade (Atrium Space Insurance Consortium) and Cécile Gaubert (lawyer, formally Marsh) who, in addition to the aforementioned persons, have allowed the author to draw upon formidable and invaluable industry experience and insight to the benefit of this paper.

Alvaro Fabricio dos Santos
Alvaro Fabricio dos Santos, Advocacy General of the Union (AGU), Brazilian Association for Aeronautics and Space Law (SBDA), São José dos Campos, SP, Brazil, alvaro.santos@agu.gov.br.

José Monserrat Filho
José Monserrat Filho, Brazilian Association for Aeronautics and Space Law (SBDA), Brazilian Society for the Advancement of Science (SBPC), Rio de Janeiro, RJ, Brazil, jose.monserrat.filho@gmail.com.
Article

Time for Improvement

The 1986 UN Remote Sensing Principles in the Information Age

Journal International Institute of Space Law, Issue 3 2016
Authors Stefan A. Kaiser
Author's information

Stefan A. Kaiser
LLM (McGill). Wassenberg, Germany, stefanakaiser@aol.com. This paper represents the author’s personal opinion and shall not be attributed to any organization with which he is affiliated. © Copyright by Stefan A. Kaiser, 2016. Published by American Institute of Aeronautics and Astronautics Inc., with permission. Stefan A. Kaiser, ‘Time for Improvement: The 1986 UN Remote Sensing Principles in the Information Age’ Proceedings of the 59th Colloquium on the Law of Outer Space (2016).
Article

Access_open The Hague Space Resources Governance Working Group

A Progress Report

Journal International Institute of Space Law, Issue 2 2016
Authors Tanja Masson-Zwaan, René Lefeber, Giuseppe Reibaldi e.a.
Author's information

Tanja Masson-Zwaan
Tanja Masson-Zwaan, International Institute of Air & Space Law, Leiden University, The Netherlands, t.l.masson@law.leidenuniv.nl.

René Lefeber
René Lefeber, Netherlands Ministry of Foreign Affairs, The Netherlands, rene.lefeber@minbuza.nl.

Giuseppe Reibaldi
Giuseppe Reibaldi, International Academy of Astronautics (IAA), France, giuseppe.reibaldi@gmail.com.

Merinda Stewart
Merinda Stewart (corresponding author), International Institute of Air & Space Law, Leiden University, The Netherlands, m.e.stewart@law.leidenuniv.nl.

Vikki Rogers
Assistant Dean for Online Programs, Pace Law School.
Article

13th Sir William Dale Memorial Lecture

Innovation and Continuity in Law Making

Journal European Journal of Law Reform, Issue 3 2015
Authors Richard Heaton
Author's information

Richard Heaton
First Parliamentary Counsel and First Secretary to the Cabinet Office.

Xandra Kramer
Xandra Kramer is a professor at Erasmus School of Law, Erasmus University Rotterdam, and Deputy Judge at the District Court of Rotterdam.

Shusuke Kakiuchi
Shusuke Kakiuchi is a professor at the University of Tokyo.
Article

Access_open Brazilian Civil Procedure in the ‘Age of Austerity’?

Effectiveness, Speed, and Legal Certainty: Small Claims, Uncontested Claims, and Simplification of Judicial Decisions and Proceedings

Journal Erasmus Law Review, Issue 4 2015
Keywords austerity, civil procedure, access to justice, Brazil, small claims
Authors Antonio Gidi and Hermes Zaneti, Jr.
AbstractAuthor's information

    The current debate in Brazilian Civil Procedure revolves around efficiency, legal certainty, and access to justice, not austerity. As a matter of fact, the debate over austerity is nonexistent in Brazil so far. By expanding the access to justice to a broader portion of the society, the legal system increased the number of cases and the costs associated with the judicial system. But the excess litigation and expense associated with the expansion of access to justice has contradictorily curtailed access to justice. This new situation demands new efforts to increase efficiency and legal certainty, while still increasing access to justice.


Antonio Gidi
Antonio Gidi is Visiting Assistant Professor at the Syracuse University. SJD, University of Pennsylvania Law School; LLM and PhD, PUC-SP University; LLB, Federal University of Bahia.

Hermes Zaneti, Jr.
Hermes Zaneti, Jr. is Professor of Law at the Universidade Federal do Espirito Santo and Prosecutor. PhD in Philosophy and Theory of Law, Università degli Studi di Roma Tre; LLM and PhD in Civil Procedure, Federal University of Rio Grande do Sul (UFRS).
Article

Access_open The Norm of Integrity in Corporate Governance Codes: Could It Be Made Enforceable?

Journal The Dovenschmidt Quarterly, Issue 2 2015
Keywords corporate governance, integrity, legal strategies, Goldman Sachs
Authors B.T.M. Steins Bisschop
AbstractAuthor's information

    The faring of Goldman Sachs during the financial crisis of 2008 is discussed against the background of legal instruments that were employed to avoid its failure. This discussion leads to the conclusion that in this case, the limits of classical legal instruments were reached. To further good corporate governance, the legal relevance of the term ‘integrity’ is explored. It is concluded that the legal term of integrity is used universally in corporate governance codes, but is not operational and therefore not enforceable. An attempt is made to redefine this general principle into a more operational term. This is tested in the case of Goldman Sachs’ executive Jon Winkelried. It is assumed that he has violated the standard of integrity but also that there were no enforceable legal means to sanction his behaviour. The conclusion is that the more operational interpretation of the term integrity could, in this case, have resulted in an enforceable legal instrument to sanction behaviour that is contrary to the norm of integrity. This operational term of integrity could aid in the debate on furthering good corporate governance through enforceable legal strategies.


B.T.M. Steins Bisschop
Prof. Dr. Bas T.M. Steins Bisschop holds a chair Corporate Law and Governance at the Faculty of Law of Maastricht University and a chair Corporate Law at Nyenrode Business University. He is partner of a boutique law firm in The Hague, The Netherlands.
Editorial

Access_open Editors’ Introduction

Journal Erasmus Law Review, Issue 1 2015
Authors Rachel Herdy and Sanne Taekema
Author's information

Rachel Herdy
Rachel Herdy is Associate Professor at the Federal University of Rio de Janeiro Faculty of Law.

Sanne Taekema
Sanne Taekema is Professor of Jurisprudence at the Erasmus School of Law in Rotterdam.
Article

The Role of Non-Governmental Organizations in Advancing International Criminal Justice

Journal African Journal of International Criminal Justice, Issue 1 2015
Keywords Non-governmental organizations, NGOs and international criminal justice, civil society and human rights, non-state actors in international law
Authors Charles Chernor Jalloh
AbstractAuthor's information

    This article examines the role of non-governmental organizations (NGOs) in advancing international criminal justice. I argue that NGOs have had considerable impact by contributing, among other things, to the global struggle against impunity through advocacy for the creation of more robust institutional mechanisms to prosecute those who perpetrate such crimes. This ranges from supporting the processes that led to the creation of several ad hoc international tribunals for Yugoslavia, Rwanda and Sierra Leone, all the way through to their support for the establishment of an independent permanent international penal court based in The Hague. The crux of my claim is that a historically sensitive approach to evaluating the role of NGOs in international governance shows that these entities are not only willing, but also capable of enhancing the protection of human rights and international criminal justice especially but not exclusively in less developed regions of the world.


Charles Chernor Jalloh
Associate Professor, Florida International University, College of Law, Miami, USA. Email: jallohc@gmail.com.

Sumara M. Thompson-King
General Counsel, National Aeronautics and Space Administration (NASA), United States

Robin J. Frank
Acting Associate General Counsel for International Law, National Aeronautics and Space Administration (NASA), United States
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