Pablo Rueda | University of California, Berkeley (original) (raw)
Papers by Pablo Rueda
Territory as Victim of Armed Conflict, 2021
Colombia's peace jurisdiction has formally accredited the territories of indigenous and Black com... more Colombia's peace jurisdiction has formally accredited the territories of indigenous and Black communities as victims of the armed conflict. But what does it mean for a territory to be treated not as the stage on which a conflict unfolds, but as its victim? The concept of territory-as-victim seeks to give a legal expression to the notion that it is not just human lives that are upended by armed conflict, but also relations with nonhumans, including 'earth beings' such as rivers and mountains, and the spiritual world. Further, it is a tool through which indigenous peoples and Black Colombians gain greater control over their land. Transitional justice scholars and practitioners are just beginning to consider what the push to recognize non-humans in law could mean for a field that has its origins in the human rights movement. This article contributes to the debate, showing how Colombia's peace process is transforming territory from an object to a legal subject that suffers harm and is in need of repair.
Michigan Journal of Law and Society, 2023
This article contributes to the literature on law and social movements by analyzing legal mobiliz... more This article contributes to the literature on law and social movements by analyzing legal mobilization against both state and non-state targets. It focuses on the campaign of the U’wa indigenous people in Colombia as a theory-generating study to explain why changes in campaign targets can promote variations in the areas of law that social movements mobilize, the arenas or venues where they choose to mobilize, and the forms of legal mobilization they deploy. It shows that state and corporate targets provide different opportunities for legal mobilization because they operate within different fields of political, social, and economic life, each with their own field frames, defined as internal sets of norms and values.
Activists have different ways of interacting with field frames. They can use human rights or environmental frames to target corporations. But this strategy may not always work since corporations are not necessarily vulnerable to attacks within human rights or environmental fields. Alternatively, as this Article shows, activists can also target corporations by subverting corporate field frames, using corporate norms, values, and institutions for their own purposes.
Importantly, however, this article also illustrates how the counter-hegemonic use of field frames is a two-way street, used by both activists and corporations. Corporations also interact within activists’ fields, subverting human rights or environmental norms in order to block activists from using certain venues, and co-opting their potential allies.
Social Science Research Network, Nov 12, 2021
Global Constitutionalism, 2017
: This article shows a novel facet in the complex relation between multiculturalism, the state an... more : This article shows a novel facet in the complex relation between multiculturalism, the state and the market. Contrary to conventional theories in political science, sociology and anthropology, it shows that it is not just the success, but also the failure of the state and the market to commoditise nature and turn it into property that can actually help to foster ethnic identity. While state-driven market incentives to expand the agricultural frontier in Colombia during the 1960s and 1970s failed, they did help to foster differentiated indigenous identities and organisations, which converged around the revival of long-forgotten nineteenth century indigenous laws and other political opportunities to reclaim lands that had been taken away from them. Moreover, this article also shows that during a period of institutional openness in the late 1980s and early 1990s, the political emergence of indigenous identities became an important component of Colombia’s state-building processes by helping this country to maintain its territorial integrity through a model of delegated indigenous governance.
Cultures of Legality
... Case Selection The case of social rights' adjudication during the economic crisis of the... more ... Case Selection The case of social rights' adjudication during the economic crisis of the late 1990s andearly 2000s conforms towhat HarryEckstein, following Popper, calleda “crucial case”(Eckstein 1975) or, more specifically, a “least likely case”(Gerring 2001: 219– 20). ...
Estudios …, 2002
... Please use this identifier to cite or link to this item: Record Details. Record ID, 1088073. ... more ... Please use this identifier to cite or link to this item: Record Details. Record ID, 1088073. Record Type, book. Author, Rodolfo Arango; Julieta Lemaitre; Clara Burbano Herrera [801001886810] - Ghent University Clara.BurbanoHerrera@UGent.be; Everaldo Lamprea; Pablo Rueda ...
Colombia Internacional, 1998
agresión, ni estableció las condiciones necesarias para asumir la jurisdicción sobre tal delito. ... more agresión, ni estableció las condiciones necesarias para asumir la jurisdicción sobre tal delito. Esto se hará en una Asamblea que celebrarán las partes que hayan ratificado el Estatuto, siete años después de su entrada en vigor, de acuerdo con sus artículos 5 No. 2,121 y 123.
Universidad Colegio Mayor Nuestra Senora Del Rosario Universidad Del Rosario Edocur Repositorio Institucional Disponible En Http Repository Urosario Edu Co, Apr 15, 2010
----- The concept of legalization was recently developed by neoliberal institutionalism as a spec... more ----- The concept of legalization was recently developed by neoliberal institutionalism as a special kind of institutionalization of international politics. Neoliberals built the concept of legalization using the analytical tools developed by H. L. A. Hart to distinguish law from other mechanisms of social control, like power and morals. Within Hart’s theory, such tools have a normative function: theoretically rebuilding law as a system of rules that is independent from the will and the beliefs of those who interpret and apply legal rules. However, Hart’s resulting separation of legal texts from legal practice obscures important contributions that the analytical tradition in philosophy of language has made to the understanding of the relation between language and reality. Specifically, such a separation reduces law to simple forms and texts disregarding the extent to which legal practice gives meaning to legal texts. Adapting Hart’s conception of law to International Relations has at least one important methodological consequence: the formal analysis of treaties cannot explain the influence of international law over state behavior. To understand the influence of international law on state behavior, one must previously describe the relation between legal practice and the meaning of legal texts. Thus, a redefinition of neoliberal research agenda on legalization should focus on the way States and international courts construct the meaning of treaties and other international norms.
International Journal of Transitional Justice, 2021
Colombia's peace jurisdiction has formally accredited the territories of indigenous and Black com... more Colombia's peace jurisdiction has formally accredited the territories of indigenous and Black communities as victims of the armed conflict. But what does it mean for a territory to be treated not as the stage on which a conflict unfolds, but as its victim? The concept of territory-as-victim seeks to give a legal expression to the notion that it is not just human lives that are upended by armed conflict, but also relations with nonhumans, including 'earth beings' such as rivers and mountains, and the spiritual world. Further, it is a tool through which indigenous peoples and Black Colombians gain greater control over their land. Transitional justice scholars and practitioners are just beginning to consider what the push to recognize non-humans in law could mean for a field that has its origins in the human rights movement. This article contributes to the debate, showing how Colombia's peace process is transforming territory from an object to a legal subject that suffers harm and is in need of repair.
This article shows a novel facet in the complex relation between multiculturalism, the state and ... more This article shows a novel facet in the complex relation between multiculturalism, the state and the market. Contrary to conventional theories in political science, sociology and anthropology, it shows that it is not just the success, but also the failure of the state and the market to commoditise nature and turn it into property that can actually help to foster ethnic identity. While state-driven market incentives to expand the agricultural frontier in Colombia during the 1960s and 1970s failed, they did help to foster differentiated indigenous identities and organisations, which converged around the revival of long-forgotten nineteenth century indigenous laws and other political opportunities to reclaim lands that had been taken away from them. Moreover, this article also shows that during a period of institutional openness in the late 1980s and early 1990s, the political emergence of indigenous identities became an important component of Colombia's state-building processes by helping this country to maintain its territorial integrity through a model of delegated indigenous governance.
Territory as Victim of Armed Conflict, 2021
Colombia's peace jurisdiction has formally accredited the territories of indigenous and Black com... more Colombia's peace jurisdiction has formally accredited the territories of indigenous and Black communities as victims of the armed conflict. But what does it mean for a territory to be treated not as the stage on which a conflict unfolds, but as its victim? The concept of territory-as-victim seeks to give a legal expression to the notion that it is not just human lives that are upended by armed conflict, but also relations with nonhumans, including 'earth beings' such as rivers and mountains, and the spiritual world. Further, it is a tool through which indigenous peoples and Black Colombians gain greater control over their land. Transitional justice scholars and practitioners are just beginning to consider what the push to recognize non-humans in law could mean for a field that has its origins in the human rights movement. This article contributes to the debate, showing how Colombia's peace process is transforming territory from an object to a legal subject that suffers harm and is in need of repair.
Michigan Journal of Law and Society, 2023
This article contributes to the literature on law and social movements by analyzing legal mobiliz... more This article contributes to the literature on law and social movements by analyzing legal mobilization against both state and non-state targets. It focuses on the campaign of the U’wa indigenous people in Colombia as a theory-generating study to explain why changes in campaign targets can promote variations in the areas of law that social movements mobilize, the arenas or venues where they choose to mobilize, and the forms of legal mobilization they deploy. It shows that state and corporate targets provide different opportunities for legal mobilization because they operate within different fields of political, social, and economic life, each with their own field frames, defined as internal sets of norms and values.
Activists have different ways of interacting with field frames. They can use human rights or environmental frames to target corporations. But this strategy may not always work since corporations are not necessarily vulnerable to attacks within human rights or environmental fields. Alternatively, as this Article shows, activists can also target corporations by subverting corporate field frames, using corporate norms, values, and institutions for their own purposes.
Importantly, however, this article also illustrates how the counter-hegemonic use of field frames is a two-way street, used by both activists and corporations. Corporations also interact within activists’ fields, subverting human rights or environmental norms in order to block activists from using certain venues, and co-opting their potential allies.
Social Science Research Network, Nov 12, 2021
Global Constitutionalism, 2017
: This article shows a novel facet in the complex relation between multiculturalism, the state an... more : This article shows a novel facet in the complex relation between multiculturalism, the state and the market. Contrary to conventional theories in political science, sociology and anthropology, it shows that it is not just the success, but also the failure of the state and the market to commoditise nature and turn it into property that can actually help to foster ethnic identity. While state-driven market incentives to expand the agricultural frontier in Colombia during the 1960s and 1970s failed, they did help to foster differentiated indigenous identities and organisations, which converged around the revival of long-forgotten nineteenth century indigenous laws and other political opportunities to reclaim lands that had been taken away from them. Moreover, this article also shows that during a period of institutional openness in the late 1980s and early 1990s, the political emergence of indigenous identities became an important component of Colombia’s state-building processes by helping this country to maintain its territorial integrity through a model of delegated indigenous governance.
Cultures of Legality
... Case Selection The case of social rights' adjudication during the economic crisis of the... more ... Case Selection The case of social rights' adjudication during the economic crisis of the late 1990s andearly 2000s conforms towhat HarryEckstein, following Popper, calleda “crucial case”(Eckstein 1975) or, more specifically, a “least likely case”(Gerring 2001: 219– 20). ...
Estudios …, 2002
... Please use this identifier to cite or link to this item: Record Details. Record ID, 1088073. ... more ... Please use this identifier to cite or link to this item: Record Details. Record ID, 1088073. Record Type, book. Author, Rodolfo Arango; Julieta Lemaitre; Clara Burbano Herrera [801001886810] - Ghent University Clara.BurbanoHerrera@UGent.be; Everaldo Lamprea; Pablo Rueda ...
Colombia Internacional, 1998
agresión, ni estableció las condiciones necesarias para asumir la jurisdicción sobre tal delito. ... more agresión, ni estableció las condiciones necesarias para asumir la jurisdicción sobre tal delito. Esto se hará en una Asamblea que celebrarán las partes que hayan ratificado el Estatuto, siete años después de su entrada en vigor, de acuerdo con sus artículos 5 No. 2,121 y 123.
Universidad Colegio Mayor Nuestra Senora Del Rosario Universidad Del Rosario Edocur Repositorio Institucional Disponible En Http Repository Urosario Edu Co, Apr 15, 2010
----- The concept of legalization was recently developed by neoliberal institutionalism as a spec... more ----- The concept of legalization was recently developed by neoliberal institutionalism as a special kind of institutionalization of international politics. Neoliberals built the concept of legalization using the analytical tools developed by H. L. A. Hart to distinguish law from other mechanisms of social control, like power and morals. Within Hart’s theory, such tools have a normative function: theoretically rebuilding law as a system of rules that is independent from the will and the beliefs of those who interpret and apply legal rules. However, Hart’s resulting separation of legal texts from legal practice obscures important contributions that the analytical tradition in philosophy of language has made to the understanding of the relation between language and reality. Specifically, such a separation reduces law to simple forms and texts disregarding the extent to which legal practice gives meaning to legal texts. Adapting Hart’s conception of law to International Relations has at least one important methodological consequence: the formal analysis of treaties cannot explain the influence of international law over state behavior. To understand the influence of international law on state behavior, one must previously describe the relation between legal practice and the meaning of legal texts. Thus, a redefinition of neoliberal research agenda on legalization should focus on the way States and international courts construct the meaning of treaties and other international norms.
International Journal of Transitional Justice, 2021
Colombia's peace jurisdiction has formally accredited the territories of indigenous and Black com... more Colombia's peace jurisdiction has formally accredited the territories of indigenous and Black communities as victims of the armed conflict. But what does it mean for a territory to be treated not as the stage on which a conflict unfolds, but as its victim? The concept of territory-as-victim seeks to give a legal expression to the notion that it is not just human lives that are upended by armed conflict, but also relations with nonhumans, including 'earth beings' such as rivers and mountains, and the spiritual world. Further, it is a tool through which indigenous peoples and Black Colombians gain greater control over their land. Transitional justice scholars and practitioners are just beginning to consider what the push to recognize non-humans in law could mean for a field that has its origins in the human rights movement. This article contributes to the debate, showing how Colombia's peace process is transforming territory from an object to a legal subject that suffers harm and is in need of repair.
This article shows a novel facet in the complex relation between multiculturalism, the state and ... more This article shows a novel facet in the complex relation between multiculturalism, the state and the market. Contrary to conventional theories in political science, sociology and anthropology, it shows that it is not just the success, but also the failure of the state and the market to commoditise nature and turn it into property that can actually help to foster ethnic identity. While state-driven market incentives to expand the agricultural frontier in Colombia during the 1960s and 1970s failed, they did help to foster differentiated indigenous identities and organisations, which converged around the revival of long-forgotten nineteenth century indigenous laws and other political opportunities to reclaim lands that had been taken away from them. Moreover, this article also shows that during a period of institutional openness in the late 1980s and early 1990s, the political emergence of indigenous identities became an important component of Colombia's state-building processes by helping this country to maintain its territorial integrity through a model of delegated indigenous governance.