Roger Merino

Roger Merino
University of the Pacific (Peru) · Departamento de Gestión

PhD

About

53
Publications
8,499
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344
Citations

Publications

Publications (53)
Article
Full-text available
Innovation has been central to development. Yet most assumptions around innovation stem from values derived by capitalist economies such as growth, individualism, and competition which prove to only widen inequalities and promote unsustainable environmental models of extraction and consumption. This paper explores what values and assumptions would...
Article
Indigenous organizations, international actors, and national authorities portray different images of Indigenous Peoples’ relationship with the natural environment. Based on these images, these actors deploy ecological, economic, and security arguments to create or transform protected areas. By exploring three cases of conflicts over creation and ma...
Article
Under the label “New Latin American Constitutionalism”, scholars have explained the emergence of new constitutions or organic constitutional reforms in the eighties and nineties and, since the 2000s, the constitutions associated with the “Left turn” in the region. Radical constitutional changes, however, have not stopped the expansion of social con...
Article
Indigenous peoples are often presented as natural allies in countering pressing environmental problems. The norm that depicts Indigenous peoples as environmental stewards has allowed international actors with different priorities to become involved in environmental projects that aim at ensuring both conservation and indigenous territorial rights. P...
Article
Awajun, Wampis, and other Amazonian indigenous peoples in Peru have acquired title to the collective property of their native communities as a legal strategy for the defense of their ancestral territory. This strategy, however, has failed to stop the expansion of extractive industries and the degradation of their livelihoods. In response, indigenou...
Article
Full-text available
Key studies have highlighted how Western law was central to the civilizing mission of colonialism, legitimizing conquest while presenting itself as a colonizer's gift for overcoming barbarism. But law was not just an imposition to dispossess resources and accumulate labor; it was also transformed by the contestations of First Nations and the new pr...
Article
In Latin America-the region with the biggest tropical forest on the planet and the largest potential for agricultural expansion food security and food sovereignty are two competing approaches to food policies. Drawing on decolonial approaches to political geography, this paper provides a comparative analysis of food policies in the four countries (...
Article
Full-text available
In recent years, international actors have promoted international norms related to sustainable and inclusive resource governance. However, we know little about how such attempts are contested and adapted in domestic reform processes. Drawing on insights from norm diffusion and institutionalist theories, this article traces how first bilateral aid a...
Article
Recent analyses of development and extractivism in Latin America discuss how neoliberal and post-neoliberal strategies under the political economy of resource extraction define the developmental trajectory of national regimes. As most accounts privilege the analysis of structural and historical conditions over everyday practices of state actors, th...
Article
Most scholars characterise Peru as a country with weak indigenous movements, whose demands would have no influence in regional and national policies, even though its socio‐economic structures are similar to those of Bolivia and Ecuador, where indigenous movements are stronger. Based on fieldwork in the northern Peruvian Amazon and Lima between 2012...
Preprint
Full-text available
In recent years, international actors have promoted international norms related to sustainable and inclusive resource governance. However, we know little about how such attempts are contested and adapted in domestic reform processes. Drawing on insights from norm diffusion and institutionalist theories, this article traces how first bilateral aid a...
Article
Full-text available
Resumen: Tomando como ejemplo los sucesos ocurridos durante el Baguazo, en el presente artículo se hace un profundo análisis de la situación jurídico-social de los pueblos indígenas en el Perú. Se toma como objeto de estudio a la Ley de la Consulta Previa, promulgada en el Gobierno de Ollanta Humala, y se sustenta que esta política inclusiva, en re...
Article
Recent studies explore how participatory mechanisms such as prior consultation/consent processes and participation in Environmental Impact Assessments (EIAs) might reinforce the mediating role of the state between social groups and companies at the same time that creates political opportunities for promoting social demands. This article problematiz...
Article
In the last two decades, the concept of plurinationalism has appeared in discussions about nationalism, statehood and multilevel governance, being formulated as a new state model that accommodates cultural diversity within the liberal state with the aim of solving nationalistic conflicts in countries marked by profound ethnic grievances, mainly in...
Article
Full-text available
Se considera al Derecho Comparado como una disciplina inserta en el estudio del Derecho, que se caracteriza por contrastar la normativa legal y el desarrollo jurídico de los distintos ordenamientos jurídicos existentes, bajo las mismas premisas. Asimismo, existe el Derecho Comparado Crítico, el cual hace un análisis más profundo sobre el desarrollo...
Article
Full-text available
Resumen: Los marcos teóricos dominantes que definen los límites ontológicos y epistemológicos de la teoría legal han marginalizado o excluido visiones alternativas sobre la justicia y la organización social. Además, y a pesar de estar profundamente arraigados a una matriz política e ideológica determinada, estos marcos teóricos han pretendido oscur...
Article
In Bolivia and Ecuador the concept of Buen vivir, based on indigenous cosmologies, has been formulated by indigenous organisations as an alternative paradigm to mainstream development theory. It has also inspired environmentalist movements in their struggle for a different environmental governance beyond extractivism, and it has been appropriated b...
Article
The professional legal elites in Latin America often legitimate the importation of foreign legal models without neither taking enough attention to local contexts nor making a critical analysis of the imported models. This essay analyzes the arguments of a paradigmatic work of this type that affirms the efficiency and superiority of Anglo-Saxon Law...
Article
The following article exposes how was the formation process of legal indigenism in Peru. Shows several issues in indigenous consultation process and recognition of territorialities. Approaches the indigenous self-determination rights and the consequences of colonial and capitalism abouton this subject. Keywords: Legal Indigenism – Peru – Consultati...
Article
Full-text available
The professional legal elites in Latin America often legitimate the importation of foreign legal models without neither taking enough attention to local contexts nor making a critical analysis of the imported models. This essay analyzes the arguments of a paradigmatic work of this type that affirms the efficiency and superiority of Anglo-Saxon Law...
Article
The professional legal elites in Latin America often legitimate the importation of foreign legal models without neither taking enough attention to local contexts nor making a critical analysis of the imported models. This essay analyzes the arguments of a paradigmatic work of this type that affirms the efficiency and superiority of Anglo-Saxon Law...
Article
Indigenous movements in Latin America are considered as important actors in the processes of “radical democracy” and the constitution of “post-neoliberal regimens”. In Bolivia and Ecuador political parties representing indigenous people have promoted legal and institutional reforms towards the creation of a plurinational state. In Peru, indigenous...
Article
Indigenous movements in Latin America are considered as important actors in the processes of 'radical democracy' (Nash, 1997; Van Cott, 2008; Postero, 2010). In Bolivia and Ecuador political parties representing indigenous people have promoted legal and institutional reforms towards the creation of a multicultural state. In Peru, indigenous movemen...
Article
The new Peruvian "Code of Protection and Defense of Consumers" has been blamed of "socialist" and "fascist" because it prohibits unfair terms. For the critics this regulation would be paternalistic and inefficient by limiting the consumers "right to choice." These critiques are based on an orthodox economic analysis rooted in neoclassical economics...
Article
Bolivia and Ecuador are considered examples of post-neoliberal regimes: both have left governments which have been supported by strong social movements, and have been legitimized in a radical democratic process. Both regimes have enacted innovative constitutions which recognize autonomy and political participation for indigenous people, strong prot...
Article
A diez años de haberse establecido de manera inequívoca la responsabilidad civil objetiva por accidentes de tránsito, parece que la finalidad de dicho régimen no ha sido cumplida. Según los informes de Defensoría del Pueblo sobre los accidentes en los años posteriores a la promulgación de la ley, se tiene lo siguiente: desde el año 2003 al 2007 se...
Article
The most influential legal doctrine regarding the aims of Tort Law in Peru is based on a mixture between a dogmatic perspective and the Law and Economic approach. The aim of this article is to deconstruct the arguments deployed by the mentioned doctrine in order to show its acute contradictions and perverse effects in the protection of fundamental...
Article
The liberal assumption of equality and freedom has been strongly criticized in the last century. However, the Peruvian Supreme Court has used the discourse of contract equality to justify the enforcement of settlements signed by poor people and a huge mining company in order to eliminate the legal responsability of the company in the pollution of t...
Article
In this article I explore the relation between Private Law and Constitutional Law in order to analyze the nature of the constitutional protection of freedom of contract. From a critical perspective on Comparative Legal Studies, I criticize the current processes of constitutionalization of contract and de-constitutionalization of markets, taking as...
Article
In January 2009 was enacted a legislation directed to consolidate the Peruvian System of Consumer Protection. However, I argue that the normative, indeed, has created a "system of deprotection of consumers" because it regulates poorly the unfair terms, is not concerned with publicity, the abuse of economic power and agressive sales. Even more, it h...
Article
The principle of private autonomy has an evident ideological content. Thus, the political-economic context shapes its evolution, limitations and meaning. Nowadays, in the era of "economic globalization" there is a trend towards the universalization of the economic liberal model and the legal mechanisms directed to its institutionalization. In this...
Article
In this article I explore the cultural and political nature of the process of legal transplantation, taking as example the Peruvian Civil Code of 1984. I show the influence of different legal families in several norms, and the internal contradictions of this codification.
Article
In the ‘90s the economic policy in Peru was clearly influenced by the model of the neoliberalism, through the privatization the state, the labor flexibility and other measures based on the Washington Consensus, all within the context of a legal system that had to be fitted to the new demands of the economy. Thus, articles of Law&Economics (L&E) wer...

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Projects

Project (1)
Project
Increasingly, innovation is portrayed as central to socioeconomic development. Huge amounts of funding and support are channelled to incorporate innovation strategies and policies in the global South. Yet, the dominant theories and concepts around innovation have been developed in the US and Europe, and when implemented in the global South, these are not be wholly transferable or relevant. Focusing on Peru, this project explores the extent to which innovation (policy & implementation) can be informed by indigenous knowledges. This will be done by adopting the concept of Buen Vivir, which stems from Andean ancestral cultures and represents an ontological and epistemological alternative to Western thought. More specifically, this project will explore the possibilities of engaging innovation experts and local policy makers with the main tenets of Buen Vivir. In doing so, this project contributes to the longstanding debate about whether innovation will drive socioeconomic development in the long term.