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Item type:Publication, Decolonising legal theory: The rule of law and the legalisation of legal pluralism(Universidad Libre, 2024-01-20)This paper aims to show the theoretical limits of the rule of law concept when contrasted with legal pluralism, showing that it belongs to the modern/colonial matrix of laws, which creates an official law to the detriment of other illegalised and persecuted legal knowledge. This is a theoretical, qualitative, and decolonial research that gathers quantitative normative data, such as the expansion of the legalisation of legal pluralism to almost 40% of the world's countries. The originality consists of showing the links between law and coloniality and highlighting the theoretical crisis of the rule of law concept. In this scenario, the concept of the plural rule of law is put forward to continue the quest for epistemological justice. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Authoritarian Practices Between ‘Para-Coloniality’ and ‘Cheap Security’: When Chinese State Capital Meets Neoliberal Copper Mining (and Protests) in Las Bambas, Peru(Taylor & Francis, 2023-03-05)How does Chinese state capital operate in the neoliberal setting of Peruvian mining? The article tackles this question by focusing on Las Bambas, a large mine in the Andean highlands of Apurimac. We argue that China’s quest for Peruvian copper entwines state capital with neoliberal and authoritarian practices of state violence in a case of ‘para-coloniality.’ This concept explains how Chinese mining operations build on and reproduce the legacies of European colonialism and authoritarian rule under Fujimorismo to extract natural resources from formerly colonized territories. A corollary element in this relationship is that of ‘cheap security’, i.e. the Peruvian state’s practice of legally selling its policing services to mining companies who use them to discipline dissidents. The article draws on Critical Geopolitics, Legal Sociology and Political Ecology and highlights the shifting hierarchies of power that shape conflicts around copper extraction in the Andean highlands of Peru.