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Legal Pluralism in Latin America Challenges and Comparative Perspectives

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Legal Pluralism in Latin America Challenges and Comparative Perspectives Photograph by José Porte/Trimedia Chile Photograph by José Porte/Trimedia Legal Pluralism in Latin America Challenges and Comparative Perspectives San Diego, California May 5 and 6, 2011 An interdisciplinary conference co-sponsored by the Center for Iberian and Latin American Studies at University of California, San Diego and the Center for Creative Problem Solving at California Western School of Law. Many Latin American countries are accepting the premise that traditional legal systems have a rightful place within the modern state. The two systems, however, are highly divergent. Significant work is still to be done to create a functional pluralistic system that respects indigenous peoples’ right of self determination, acknowledges international human rights obligations, clarifies property rights (particularly over natural resources), and institutionalizes outcomes when indigenous and national legal systems clash. This conference will discuss those challenges for Latin America, drawing on the experiences of Canada, New Zealand, and the United States. 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
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