in Latin America outcomes when indigenous and national legal systems clash. This conference will systems have a rightful place within the modern state. The two systems, however, Legal Pluralism pluralistic system that respects indigenous peoples’ right of self determination, Many Latin American countries are accepting the premise that traditional legal Challenges and Comparative Perspectives are highly divergent. acknowledges international human rights obligations, clarifies property rights Latin American Studies at University of California, San Diego and the Center An interdisciplinary conference co-sponsored by the Center for Iberian and discuss those challenges for Latin America, drawing on the experiences for Creative Problem Solving at California Western School of Law. San Diego,CaliforniaMay5and6,2011 (particularly over natural resources), and institutionalizes of Canada, New Zealand, and the United States.
Significant work is still to be done to create a functional Photograph by José Porte/Trimedia Chile
Center for Creative Problem Solving
http://cilas.ucsd.edu/ www.cwsl.edu/cps
Title VI, U.S. Dean of Social Sciences, Department of Education University of California, San Diego
Special thanks for the reception:
www.proyectoacceso.com Conference Agenda Legal Pluralism in Latin America Challenges and Comparative Perspectives
Day 1: Thursday, May 5, 2011 – at California Western School of Law
3 p.m. Welcoming Remarks
Steven R. Smith, Dean, California Western School of Law
James Cooper, Director, Center for Creative Problem Solving, California Western School of Law
David R. Mares, Director, Center for Iberian and Latin American Studies, University of California, San Diego
3:30 p.m. Keynote Address
Robert Yazzie, former Chief Justice of Supreme Court of Navajo Nation
4:15 p.m. Panel 1: The Challenges of Legal Pluralism
Thomas D. Barton, Professor, California Western School of Law
Rebecca Tsosie, Professor and Executive Director, Indian Legal Program, Sandra Day O’Connor Law School, Arizona State University
Nigel Bankes, Professor, Faculty of Law, University of Calgary
6 p.m. Reception (Peruvian band –Inspiración) Day 2: Friday, May 6, 2011 – at UCSD
9 a.m. Panel 2: Property Rights & Natural Resources I
Linda Te Aho, Associate Dean and Director of International Relations, Te Piringa Law School, University of Waikato, New Zealand, “Maori Land and Water Law and Maori Governance”
Raquel Z. Yrigoyen Fajardo, International Institute on Law & Society- IILS/Instituto Internacional de Derecho y Sociedad-IIDS, Professor at the Pontifical Catholic University of Peru (PUCP) “Legal Pluralism and Indigenous Jurisdiction in Latin America’s Pluralist Constitutionalism”
Nancy Postero, Professor, Department of Anthropology, UC San Diego, “Bolivia”
10:30 a.m. – Coffee Break
11:00 Panel 3: Property Rights & Natural Resources II
Isabela Figueroa, Attorney at Law, Bogotá “Colombia”
Theodore Macdonald, University Committee on Human Rights Studies, Harvard University, “Ecuador”
David Mares, Professor, Department of Political Science, UC San Diego, “Brazil”
12:30 p.m. – Hosted Luncheon
2:00 – 3:30 p.m. – Panel 4: Justice, Crime and Agency
Daniel Goldstein, Professor, Department of Anthropology, Rutgers University “Bolivia”
Jaime Vintimilla, Professor, Universidad de San Francisco, Quito, “Ecuador”
Cristobal Carmona, Professor, Faculty of Law of Universidad Católica de Temuco, “Chile”
3:30 p.m. – Coffee Break
4:00 - 4:45 p.m. - Final Thoughts: James Cooper & David Mares Professor Nigel Bankes Nigel Bankes is a Professor of Law at the University of Calgary where he has taught since 1984 and where he now holds the Chair in Natural Resources Law. He was seconded to Canada’s Department of Foreign Affairs and International Trade as Professor in Residence for the 1999-2000 academic year. His principal research interests are in the areas of indigenous peoples law, water law, oil and gas law and international environmental law. He has acted as an adviser to various Inuit organizations on land claim issues and constitutional reform. He served as editor of the Journal of Energy and Natural Resources Law from 2006 to 2011. Nigel blogs on developments in Alberta law Alberta at http:// ablawg.ca/ .
Professor Thomas D. Barton Thomas D. Barton is the Louis and Hermione Brown Professor of Law at California Western School of Law and a co-director of its Center for Creative Problem Solving. On behalf of the Center’s Proyecto ACCESO he has lectured in Latin American about building the Rule of Law, designing legal systems, preventing legal problems, and alternative dispute resolution.
Professor Barton received his professional legal training at Cornell Law School, and a Ph.D. in law at Cambridge University. His teaching and research interests are broad, combining legal theory with sociology and cultural trends. He recently authored Preventive Law and Problem -Solving: Lawyering for the Future.
Professor Cristobal Carmona Lawyer, University of Chile, Master in Philosopohical Studies, UAH. Scholarship holder to pursue doctoral studies in law at the University of Toronto.
He began working as a researcher on the Program of Legal Anthropology and Interculturality in the University of Chile’s Faculty of Law. At present, he works as a lawyer at the “Citizen Watcher”, a Chilean NGO dedicated to the promotion and defense of Human Rights and indigenous rights in the south of Chile, and as Associated Professor in the course “Indigenous Demands in Latin America; globalization’s challenges”, in the Catholic University of Temuco. He also works as an independent assessor for many governmental agencies in indigenous and environmental issues.
As a member of the Latin American Network of legal anthropology (Red Latinoamericana de Antropología Jurídica-RELAJU), he has participated in congresses and seminaries, both in Chile and abroad, and published in several scientific journals, both of law and social sciences, in themes related with legal pluralism, indigenous rights and intercultural philosophy. Some of his latest publications on the field are: “Law and violence: rewritings surrounding legal pluralism”, Law Journal, Austral University, Vol. XXII, Nº 2, 2009; “The application of Convention 169 in the comparative law”, in The Implications of the ratification of Convention 169 of the ILO in Chile, 2º Ed. reviewed and increased, Heinrich Böll Stiftung, 2011, Santiago; and “Law, Anthropology and the circular reproduction of hegemony”, in Castro Lucic, Milka (Ed.), Justice and diversity: challenges for legal Anthropology, to be published this year.
Professor James Cooper James Cooper is Institute Professor of Law and Assistant Dean for Mission Development at California Western School of Law, where he is Director of International Legal Studies and teaches Comparative Law, International Trade Law, the Law of the North American Free Trade Agreement, the Law of Armed Conflict, and Introduction to Latin American Legal Culture. Since 1997, Professor Cooper has worked in a number of countries in Latin America on judicial reform projects, some of which involve integrating indigenous practices. He is the director of Proyecto ACCESO, a legal skills training and rule of law public education program which has been funded by the U.S. Government, German Government, Organization of American States, United Nations Development Programme, Inter-American Development Bank, private philanthropic foundations, and national ministries of justice around Latin America. He is also a co-director of International Post-Graduate Diploma Program with University of Heidelberg, University of Chile, sponsored by the Chilean Ministry of Justice and German Government and a member of academic staff of Heidelberg Center for Latin America. He was a Visiting Professor at Earl Warren College, University of California, San Diego in 2008 and a Visiting Scholar at UCSD’s Center for Iberian and Latin American Studies in 2009-2010.
A Cambridge University-trained Barrister and Solicitor, his scholarship has appeared in the American University International Law Review, Behavioural Sciences and the Law, The National Law Journal, American Bar Association Journal, Revista CREA, Rutgers Journal of Law & Public Policy, The Journal of Legal Education, and Michigan Journal of International Law. He is a regular contributor to newspapers, television and radio news programs around the Western Hemisphere, including El Alteño, El Mercurio, Globe and Mail, Miami Herald, Sacremento Bee, San Diego Union Tribune, Marie Claire, National Public Radio’s Marketplace, Canadian Broadcast Corporation’s As It Happens and Newsworld, Univision News and Fox News. Professor Cooper has directed and produced documentary films, professional training modules, and public service announcements for the BBC, Channel Four (UK), and City TV (Canada) and the Bolivian, Chilean, German, and U.S. Governments.
Isabela Figueroa Isabela Figueroa is a Brazilian/Ecuadorian lawyer specializing in indigenous peoples’ rights and extractive industries. She has completed legal studies in Brazil, Ecuador, the United States, Canada, and is currently completing a Doctorate in Latin-American Cultural Studies, in Ecuador. Ms. Figueroa has worked with a number of indigenous organizations from Amazon Basin countries to raise awareness and advocate for indigenous rights. She was the lead lawyer in Ecuador’s first successful indigenous case against an oil company, and co-represented the Indigenous Council of Roraima in part of its long and ultimately successful battle to obtain title to Raposa Serra do Sol indigenous land in Brazil. Ms. Figueroa lives now in Colombia, where she continues her work as a public interest lawyer and teaching at the University of Cauca’s Master Program in Ethics and Political Philosophy.
Professor Daniel Goldstein Daniel M. Goldstein is Associate Professor in the Department of Anthropology and Director of the Center for Latin American Studies at Rutgers University. Prof. Goldstein received his Ph.D. from the University of Arizona in 1997; he joined the Anthropology Department at Rutgers in 2005. Prof. Goldstein received a Grant for Research and Writing from the John D. and Catherine T. MacArthur Foundation, and a Richard Carley Hunt postdoctoral fellowship from the Wenner-Gren Foundation, which he used to complete his work on the book The Spectacular City: Violence and Performance in Urban Bolivia, published by Duke University Press in 2004. Most recently, he has received a Fellowship from the American Council of Learned Societies to support the write-up of his Bolivian research.
A political and legal anthropologist, Prof. Goldstein studies the effects of political democratization, economic globalization, and the law on poor, indigenous residents of a Bolivian city, exploring the consequences of global processes for the daily lives of these people. He is concerned with questions of security, human rights, and social justice for marginalized urban people in Latin America. Prof. Goldstein is the co-editor (with Desmond Arias) of a collection titled Violent Democracies in Latin America, from Duke University Press.
Currently, Goldstein is working on two research projects based on this ongoing research in Cochabamba. One of these focuses on problems of insecurity for urban residents, and the conflicts that arise when the quest to make “security” clashes with transnational discourses of “human rights.” The results of this research will soon appear as a book entitled Outlawed: Between Security and Rights in a Bolivian City.
The second project involves legal and illegal market vendors in the Cancha, Cochabamba’s huge outdoor market; it compares the security concerns of these two groups of vendors, to explore the consequences for people deemed “illegal” as they try to make a living in the city’s enormous informal economy. This research has been supported by grants from the National Science Foundation, programs in Cultural Anthropology and Law and Social Science.
In addition to his scholarly work, Goldstein has been exploring the possibilities of an engaged anthropology, joining his pedagogy and research by creating an anthropological field school/service-learning program in the communities in which he works in Cochabamba (http://studyabroad.rutgers.edu/program_bolivia.html). Each summer, he leads a group of undergraduates as they practice ethnographic research methods and engage in service work with local communities in Bolivia. (For an example of student work, visit www.losambulantes.com). Mr. Theodore Macdonald Theodore Macdonald is a Lecturer in Social Studies at Harvard University, and was an Affiliate of the University Committee on Human Rights Studies. From 1979-1994 he was Projects Director for the international human rights NGO Cultural Survival and then Associate Director of the Program on Nonviolent Sanctions and Cultural Survival at Harvard’s Weatherhead Center for International Affairs until 2005. His research and teaching focus on human rights, ethnicity and conflict, Latin America, indigenous peoples and the State, common property, and individual/collective property and citizenship rights. He recently co-edited, with David Maybury-Lewis, Manifest Destinies and Indigenous Peoples (DRCLAS/ Harvard U. Press, 2009) and is currently preparing a reader titled The Anthropol- ogy of Human Security: Thinking and Practicing Human Rights (Blackwell).
He has worked directly on several, high-profile, indigenous/oil disputes in the Upper Amazon and, from 1996-2002, he directed the tripartite (indigenous organizations-environmental NGOs-oil corporations) Harvard Dialogues on Oil in Fragile Environments. In 1997 he undertook the ethnographic research and subsequently served as witness for the community in the precedent-setting 2001 indigenous land and natural resource rights case, Awas Tingni vs. Nicaragua, before the Inter-American Court of Human Rights. Professor David Mares David R. Mares, (Ph.D. Harvard University 1982), holds the Institute of the Americas Chair for Inter-American Affairs, and is Director of the Center for Iberian and Latin American Studies, Professor of Political Science and Adjunct Professor at the School of International Relations/Pacific Studies at the University of California, San Diego. He is also the Baker Institute Scholar for Latin American Energy Studies at the James A. Baker III Institute for Public Policy, Rice University. Mares was previously profesor-investigador at El Colegio de México (1980-82), Fulbright Professor at the Universidad de Chile (1990), and visiting professor at the Diplomatic Academy in Ecuador (1995). He has been a visiting scholar at the Weatherhead Center for International Affairs, Harvard University; a fellow at the Japan External Trade Research Organization (JETRO); a fellow at the Center for Advanced Study in the Behavioral Sciences (CASBS), Stanford University; and held a Pew Faculty Fellowship in International Affairs. He is President of the Research Committee on Armed Forces and Society of the International Political Science Association, was editor of the series Latin America: Social Sciences and the Law (Routledge Press) and a member of the editorial board of Latin American Research Review.
Professor Mares’ research and teaching interests include Latin American energy politics, the political economy of drug policy, defense policy, civil-military relations, and the use of photographic imagery in politics. He is the author/editor of seven books and numerous articles, and has prepared reports for a number of international research institutions. He is a member of the International Institute for Strategic Studies (London), an Associate Fellow of the Inter-American Dialogue (Washington, D.C.), a fellow of the Academic Forum of the Summit of the Americas (Montreal, Canada), and a member of the Tri-national Academic Group on Governance in North America (Monterrey, Mexico). Professor Nancy Postero Nancy Postero is an Associate Professor of Anthropology at the University of California, San Diego. Formerly a human rights lawyer and a radio journalist, she received her PhD from UC Berkeley in 2001. She studies the intersection of neoliberalism and indigenous politics in Bolivia. She has carried out fieldwork with the Guaraní people of lowland Bolivia since1994. Along with numerous articles on indigenous politics in Bolivia, She is the author of Now We Are Citizens, Indigenous Politics in Post-Multicultural Bolivia (Stanford University Press 2007) and, with Leon Zamosc, The Struggle for Indigenous Rights in Latin America (Sussex Press 2003). She recently co-edited a special issue of Latin American Research Review entitled Actually Existing Democracies (2010). Recent work focuses on the cultural and political conflicts in “pluri-national” Bolivia, including an analysis of the extractivist development model of the MAS government, on the one hand, and of Right-Wing hunger strikes as political protest, on the other. With Mark Goodale, she is currently co-editing a volume on the “post-neoliberal” moment in Latin America.
Dean Steven R. Smith Steven R. Smith is President, Dean and Professor of Law at California Western School of Law in San Diego. He received his J.D. and M.A. (economics) degrees from the University of Iowa. He has taught at the law schools at Cleveland State University and the University of Louisville. He has written widely in the areas of law and ethics in medicine and mental health services. Special research interests include confidentiality and privilege, withholding treatment, malpractice, mental health care delivery and expert witnesses. He has received awards for creative teaching, outstanding scholarship and distinguished service.
Dean Smith has been involved in a large number of national, state, local and university commissions, committees and working groups. He is particularly active in the American Bar Association and Association of American Law Schools. He has served as chair of the Council of the ABA Section of Legal Education and A dmission to the Bar. He has served on a number of national and state boards, as Chair of the California Law School Council and secretary of the Association for the Accreditation of Human Research Protection Programs. He served as President of The Cleveland City Club. He has been involved in the American Bar Association’s Central and Eastern European Law Initiative.
Professor Linda Te Aho Linda Te Aho is of Ngāti Korokī Kahukura and Waikato-Tainui descent and is the Associate Dean Māori and Director of International Relations for Te Piringa Faculty of Law, University of Waikato in Hamilton, Aotearoa New Zealand. Linda teaches and writes on Māori and Indigenous legal issues. Linda has contributed to transforming the face of Government-Iwi relations. She was appointed by her people to be one of the Guardians mandated under a 2010 Treaty Settlement for the co-management of the Waikato River ecosystem to develop the long term vision for its environmental restoration along with the national and local government appointees. Linda has been involved in numerous consultancies, research projects, community based initiatives and Māori Trusts. Linda is to be the founding Director of our Māori and Indigenous Governance Centre (MIGC). The MIGC will be formally launched in a few months with a mandate to foster interaction among Indigenous communities and scholars both within Aotearoa and overseas to share experiences and insights on how best to support the enhancement of governance systems. Professor Rebecca Tsosie Rebecca Tsosie, Professor of Law, Willard H. Pedrick Distinguished Research Scholar, Executive Director Indian Legal Program, Affiliate Professor, American Indian Studies Program, Faculty Fellow, Center for Law and Global Affairs Professor Rebecca Tsosie, J.D., has served as Executive Director of the Indian Legal Program in the Sandra Day O’Connor College of Law at Arizona State University since 1996. Professor Tsosie has written and published widely on doctrinal and theoretical issues related to tribal sovereignty, environmental policy, and cultural rights. Professor Tsosie is the author of many prominent articles dealing with cultural resources and cultural pluralism. She has used this work as a foundation for her newest research, which deals with Native rights to genetic resources. Professor Tsosie, who is of Yaqui descent, has also worked extensively with tribal governments and organizations. She serves as a Supreme Court Justice for the Fort McDowell Yavapai Nation and as a Court of Appeals Judge for the San Carlos Tribal Court of Appeals. Professor Tsosie speaks at several national conferences each year on topics related to tribal sovereignty, self-determination, and tribal rights to environmental and cultural resources. Professor Tsosie was appointed as a Willard H. Pedrick Distinguished Research Scholar in 2005. Prior to this, she held the title of Lincoln Professor of Native American Law and Ethics. She is an Affiliate Professor for the American Indian Studies Program. She joined the faculty of the College of Law in 1993 and teaches in the areas of Indian law, Property, Bioethics, and Critical Race Theory. She is the co-author with Robert Clinton and Carole Goldberg of a federal Indian law casebook entitled American Indian Law: Native Nations and the Federal System. Tsosie was awarded a Woodrow Wilson Fellowship and received the American Bar Association’s “2002 Spirit of Excellence Award.” She is the 2006 recipient of the “Judge Learned Hand Award” for Public Service. Professor Jaime Vintimilla Jaime Vintimilla is a lawyer (JD Catholic University of Quito) with specialization studies in Alternative Dispute Resolution. He is mediator and arbitrator at the Chamber Of Commerce from Quito and trainer for mediators in different programs in Ecuador and abroad. Mr. Vintimilla is also Executive Director of CIDES (Center on Law and Society) with twenty years of experience in projects to strengthen the access to justice. Jaime has worked extensively on rural justice, access to justice, community mediation and indigenous nationalities and afro Ecuadorean rights. He teaches at the San Francisco University of Quito-Ecuador and Alcala de Henares of Spain the courses of conflicts resolution, Private International Law, Constitutional Law and Law History. He has written extensively on these topics and his recent books and articles are ADR and Rural justice (2003), Indigenous Justice and Conflict Management (2004), Indigenous Law, Conflict and Community justice within the indigenous Kichwa nationality (2007), and Principles and rules in Ecuadorean Ius Novus (2010). Hon. Robert Yazzie
THE HONORABLE ROBERT YAZZIE Chief Justice Emeritus of the Navajo Nation The Honorable Robert Yazzie is a retired chief Justice of the Navajo Nation. He was the Chief Justice of the Navajo Nation from 1992 through 2003. He practiced law in the Navajo Nation for 16 years, and he was a district judge for eight years. He has a bachelor of arts degree from Oberlin College of Ohio and a juris doctor degree from the University of New Mexico School of Law. He is currently the Director of Diné Policy Institute of Diné College (Navajo Nation), developing policy using authentic Navajo thinking. He is a member of the Navajo Nation Bar Association. He is the author of articles and book chapters on many subjects, including Navajo peacemaking, traditional Indian law, and international human rights law. He is a visiting professor at the University of New Mexico School of Law, an adjunct professor of the Department of Criminal Justice of Northern Arizona University and a visiting member of the faculty of the National Judicial College. He recently taught Navajo law at the Crownpoint Institute of Technology. Chief Justice Yazzie continues a career devoted to education in formal participation in faculties, lectures and discussions of traditional indigenous law at various venues throughout the world. He has a global audience and he has frequently visited foreign lands to share his wisdom about traditional indigenous justice and governance.
Dra. Raquel Z. Yrigoyen Fajardo Raquel Z. YRIGOYEN FAJARDO is a Peruvian lawyer, Doctor in Law by the University of Barcelona, with a Master’s degree in sociology of law (U.B), and post-graduate studies in Anthropology (PUCP) and Indigenous Customary Law (UNAM-USAC). She was a doctoral fellow at the International Institute of Sociology of Law at Oñate (Spain) and was a fellow at the Comparative Federal Indian Law Program of the University of Oklahoma. Since 1983, R. Yrigoyen has worked in human rights, indigenous rights, access to justice, legal pluralism, women’s rights, and constitutional and judicial reforms in several developing countries of Latin America and Asia, for United Nations and other human rights organisations. She is a founding director of the International Institute on Law and Society-IILS/ Instituto Internacional de Derecho y Sociedad-IIDS (www.derechoysociedad.org), and coordinator of the International Exchange Programme on Multiculturalism, Legal Pluralism and Indigenous Rights.
R. Yrigoyen is author of several publications, including: “Pueblos indígenas, Constituciones y reformas políticas en América Latina” (IIDS, ILSA & INESC 2010), “Pathways to justice: Access to justice with a focus on the poor, women and indigenous peoples” (Cambodia: UNDP, 2005), “Pautas de coordinación entre el derecho indígena y el derecho estatal” (Guatemala: Fundación Myrna Mack, 1999). She has been a lecturer in several universities of the Americas and Europe, and currently she teaches at the Pontifical Catholic University of Peru (PUCP).