Una nueva y arrasadora utopía de la vida, donde nadie pueda decidir por otros hasta la forma de morir, donde de veras sea cierto el amor y sea posible la felicidad, y donde las estirpes condenadas a cien años de soledad tengan por fin y para siempre una segunda oportunidad sobre la tierra.¹

This article further fills the lacuna in the scholarly literature regarding compliance theory and the Inter-American Court of Human Rights.  It builds upon a previous publication by this same author titled “Member State Compliance with the Judgments of the Inter-American Court of Human Rights.” Like its predecessor, this Article explores various prominent theoretical models including the managerial model, fairness and legitimacy, transnational legal process, and self-interest.  Harmonizing aspects of these distinctive theoretical models as an analytical base, this Article proposes a new, hybrid model which suggests that many of the central tenets of the previous theories reflect reconcilable dimensions of compliance with the Court’s judgments rather than representing an ineluctable, theoretical conflict.

This new hybrid model has been developed in the context of the Inter-American Court of Human Rights’ early jurisprudence on the merits:  the hybrid model finds application in the Court’s first decisions in contentious cases, which constitute the critical corpus of precedent upon which its growing caseload, legitimacy and authority have been built.  The Article’s focus allows its conclusions to be tailored specifically to the Inter-American system to bring greater comprehension of international law compliance in our hemisphere specifically, as well as contributing to the ongoing theoretical discussion of compliance theory.

Most Latin American countries have overcome military disruptions and are now well-established democracies.  Nevertheless, electoral continuity and fairness is not enough to guarantee that democratic institutions function properly and fairly.  A simple inquiry reveals the region’s entrenchment of corrupt governments, the growth of inequality, and the deepening of poverty and unemployment.  Argentina is no exception.
Many authors have argued that civic engagement will solve the struggles new Latin American democracies are undergoing.  In particular, it has been suggested that the activities of NGOs will lead inexorably to a better democracy.  And, without a doubt, civil society’s role is fundamental for improving government accountability and strengthening the rule of law.
This paper, however, analyzes certain welfare practices currently in place in Argentina as an example of civil society actors being overinvolved in public affairs.  I show how their overinvolvement can neutralize the potential for accountability, particularly in analyzing the case of a civil society group known as the “piqueteros.” Specifically, improper delegation of authority over certain, widely extended unemployment welfare benefits has led to inadequate interaction between the State and this group.
NGOs have played an invaluable role as “watchdogs” of civil society.  It is clear that problems (such as the one described above) involve only a few of these non-governmental organizations.  But sometimes—as the example indicates—too much involvement, especially when extended to what I call management activities, can generate improper incentives and destroy the potential advantages of action by NGOs.  Furthermore, the overutilization of these actors in developing countries sometimes turns them into disruptive forces against democracy, and creates mechanisms that undermine economic growth and social development.

The Texas International Law Journal is pleased to announce that Volume 43, Number 3 (Summer 2008), is now available as part of an annual subscription (domestic or foreign) or as a single issue (domestic only). See Subscriptions for more information.

The Texas International Law Journal is pleased to announce that Volume 43, Number 2 (Spring 2008), is now available as part of an annual subscription (domestic or foreign) or as a single issue (domestic only). See Subscriptions for more information.

You are invited to join Professor Jay Westbrook and the Texas International Law Journal in welcoming Professors Ian Fletcher and Jacob Ziegel to a lecture series on International Insolvency at the University of Texas School of Law.

Professor Ian Fletcher, the world’s preeminent scholar on international and comparative insolvency law, will be speaking on “The Elusive Quest for Global Consensus on International Bankruptcy: Interim Progress Report on the Global Principles Project” on Thursday, April 3, at 11:30 a.m. in the Sheffield Room.

Professor Jacob Ziegel, a leading expert on Canadian insolvency law, will be speaking on “Global Trends in Insolvency Law and the Impact on Reform in Canada” on Monday, April 7, at 11:30 a.m. in the Sheffield Room.

Admission is free and open to the public, and lunch will be provided for attendees who RSVP.

On March 27–28, 2008, the Texas International Law Journal, U.S. State Department, and Maritime Law Association will present a symposium entitled Transport Law for the 21st Century: The New UNCITRAL Convention for an open discussion on issues related to the ratification of the new Convention on the Carriage of Goods by Sea. The event will be held in the Law School’s Sheffield Room. Admission is free and open to the public, and attendees may register to obtain 5 CLE credit hours. See Symposium for more information.

We now accept contributions via credit card. See Donations for more information.

The Texas International Law Journal congratulates its new Editorial Board for Volume 44 (2008–2009):

- Editor-in-Chief: Katherine Doty
- Managing Editor: Lorraine Graw
- Managing Editor: Michael Wakefield
- Executive Editor: Eric Christensen
- Executive Editor: John Donaleski
- Executive Editor: Diane Princ
- Submissions Editor: Stephen McKay
- Director of Development: Kerry Potter McCormick
- Symposium Coordinator: Mitchell Kilby
- Student Notes Editor: Jessica Bennett
- Student Notes Editor: Lorena Pickle
- Research Editor: Bradley Abel