Search Results: the-new-law-and-economic-development-a-critical-appraisal

The New Law and Economic Development

A Critical Appraisal

Author: David M. Trubek,Alvaro Santos

Publisher: Cambridge University Press

ISBN: 1139458663

Category: Law

Page: N.A

View: 3762

This book is a collection of essays that identify and analyze a new phase in thinking about the role of law in economic development and in the practices of development agencies that support law reform. The authors trace the history of theory and doctrine in this field, relating it to changing ideas about development and its institutional practices. The essays describe a new phase in thinking about the relation between law and economic development and analyze how this rising consensus differs from previous efforts to use law as an instrument to achieve social and economic progress. In analyzing the current phase, these essays also identify tensions and contradictions in current practice. This work is a comprehensive treatment of this emerging paradigm, situating it within the intellectual and historical framework of the most influential development models since World War II.

Law and the New Developmental State

The Brazilian Experience in Latin American Context

Author: David M. Trubek,Helena Alviar Garcia,Diogo R. Coutinho,Alvaro Santos

Publisher: Cambridge University Press

ISBN: 1107355389

Category: Law

Page: N.A

View: 6488

This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory. In Brazil since 2000, emerging forms of state activism, including a new industrial policy and a robust social policy, differ from both classic developmental state and neoliberal approaches. They favor a strong state and a strong market, employ public-private partnerships, seek to reduce inequality, and embrace the global economy. Case studies of state activism and law in Brazil show new roles emerging for legal institutions. They describe how the national development bank uses law in innovation promotion, trade law strengthens new developmental policies in export promotion and public health, and social law frames innovative poverty-relief programs that reduce inequality and stimulate demand. Contrasting Brazilian experience with Colombia and Mexico, the book underscores the unique features of Brazil's trajectory and the importance of this experience for understanding the role of law in development today.

Legal Reform and Business Contracts in Developing Economies

Trust, Culture, and Law in Dakar

Author: Professor Julie Paquin

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409471527

Category: Law

Page: 174

View: 4580

This book examines the prospects for business law reform to drive economic development in developing countries. It argues that, despite statements to the contrary, cultural factors and other local conditions in developing countries are not properly taken into account in current business law reform programs. Utilizing the city of Dakar as an example, this book investigates the consequences of this lack of fit between local needs and transplanted legal models by examining the potential and actual impact of the OHADA program of law reform on local business practices. Focusing on how managers make decisions and apply appropriate norms in routine business operations, the book documents how contractual disputes arise and are solved in Dakar and the role played by formal law in these processes. By examining imported law from the point of view of the end-users of legal reforms, the book reveals the complex relationship between formal law, local cultural norms and the activities of SMEs operating in developing economies, and calls for a reconsideration of current law and development theory as well as the role of contract law in business decisions. It will be relevant to all developing countries seeking to align their laws with ‘best practice’ as identified by aid institutions.

Advanced Introduction to Law and Development

Author: Michael J. Trebilcock,Mariana Mota Prado

Publisher: Edward Elgar Publishing

ISBN: 1783473401

Category: Law

Page: 256

View: 894

øElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by some of the world�s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid su

Why Nations Fail

The Origins of Power, Prosperity, and Poverty

Author: Daron Acemoglu,James A. Robinson

Publisher: Crown Books

ISBN: 0307719227

Category: Business & Economics

Page: 529

View: 1328

An award-winning professor of economics at MIT and a Harvard University political scientist and economist evaluate the reasons that some nations are poor while others succeed, outlining provocative perspectives that support theories about the importance of institutions. Reprint.

Alternative Approaches in Macroeconomics

Essays in Honour of John McCombie

Author: Philip Arestis

Publisher: Springer

ISBN: 3319696769

Category: Business & Economics

Page: 362

View: 907

This book honours Professor John McCombie’s retirement by exploring a variety of themes, theories and debates in non-orthodox macroeconomics. With contributions from leading scholars, the book covers diverse ground in economic thought, policy, empirical work and modelling. It demonstrates ongoing presumptions and asks probing questions of topical questions from the increase of income equality to the international variation of productivity investment. This collection will appeal to academics and students with an interest in the history of macroeconomic thinking.

Law and Development and the Global Discourses of Legal Transfers

Author: John Gillespie,Pip Nicholson

Publisher: Cambridge University Press

ISBN: 1107379520

Category: Law

Page: N.A

View: 7284

This volume of essays contributes to the understanding of global law reform by questioning the assumption in law and development theory that laws fail to transfer because of shortcomings in project design and implementation. It brings together leading scholars who demonstrate that a synthesis of law and development, comparative law and regulatory perspectives (disciplines which to date have remained intellectually isolated from each other) can produce a more nuanced understanding about development failures. Arguing for a refocusing of the analysis onto the social demand for legal transfers, and drawing on empirically rich case studies, contributors explore what recipients in developing countries think about global legal reforms. This analytical focus generates insights into how key actors in developing countries understand global law reforms and how to better predict how legal reforms are likely to play out in recipient countries.

The New Political Economy of Urban Education

Neoliberalism, Race, and the Right to the City

Author: Pauline Lipman

Publisher: Routledge

ISBN: 1136759999

Category: Education

Page: 224

View: 5435

Urban education and its contexts have changed in powerful ways. Old paradigms are being eclipsed by global forces of privatization and markets and new articulations of race, class, and urban space. These factors and more set the stage for Pauline Lipman's insightful analysis of the relationship between education policy and the neoliberal economic, political, and ideological processes that are reshaping cities in the United States and around the globe. Using Chicago as a case study of the interconnectedness of neoliberal urban policies on housing, economic development, race, and education, Lipman explores larger implications for equity, justice, and "the right to the city". She draws on scholarship in critical geography, urban sociology and anthropology, education policy, and critical analyses of race. Her synthesis of these lenses gives added weight to her critical appraisal and hope for the future, offering a significant contribution to current arguments about urban schooling and how we think about relations between neoliberal education reforms and the transformation of cities. By examining the cultural politics of why and how these relationships resonate with people's lived experience, Lipman pushes the analysis one step further toward a new educational and social paradigm rooted in radical political and economic democracy.

Legitimacy, Legal Development and Change

Law and Modernization Reconsidered

Author: Dr David K Linnan

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409498018

Category: Law

Page: 474

View: 4959

This book addresses critical questions about how legal development works in practice and is a timely reference for practitioners of institutional reform, providing a thought-provoking interdisciplinary collection of essays in an area of renewed scholarly interest. The contributors are a distinguished, international group of scholars and practitioners of law, development, social sciences and religion, with extensive experience in the developing world.

Law in Transition

Human Rights, Development and Transitional Justice

Author: Ruth Buchanan,Peer Zumbansen

Publisher: Bloomsbury Publishing

ISBN: 1782254129

Category: Law

Page: 392

View: 3292

Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better ? the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School

Critical Legal Perspectives on Global Governance

Liber Amicorum David M Trubek

Author: Gráinne de Búrca,Claire Kilpatrick,Joanne Scott

Publisher: Bloomsbury Publishing

ISBN: 1782252878

Category: Law

Page: 482

View: 4022

This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problématique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.

Flood and Coastal Erosion Risk Management

A Manual for Economic Appraisal

Author: Edmund Penning-Rowsell,Sally Priest,Dennis Parker,Joe Morris,Sylvia Tunstall,Christophe Viavattene,John Chatterton,Damon Owen

Publisher: Routledge

ISBN: 1135074534

Category: Technology & Engineering

Page: 448

View: 2812

A new ‘Multi-Coloured Manual' This book is a successor to and replacement for the highly respected manual and handbook on the benefits of flood and coastal risk management, produced by the Flood Hazard Research Centre at Middlesex University, UK, with support from Defra and the Environment Agency. It builds upon a previous book known as the "multi-coloured manual" (2005), which itself was a synthesis of the blue (1977), red (1987) and yellow manuals (1992). As such it expands and updates this work, to provide a manual of assessment techniques of flood risk management benefits, indirect benefits, and coastal erosion risk management benefits. It has three key aims. First it provides methods and data which can be used for the practical assessment of schemes and policies. Secondly it describes new research to update the data and improve techniques. Thirdly it explains the limitations and complications of Benefit-Cost Analysis, to guide decision-making on investment in river and coastal risk management schemes.

The Many Concepts of Social Justice in European Private Law

Author: H. W. Micklitz

Publisher: Edward Elgar Publishing

ISBN: 0857935895

Category: Law

Page: 488

View: 834

'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.

Gender and Judging

Author: Ulrike Schultz,Gisela Shaw

Publisher: A&C Black

ISBN: 1782251111

Category: Law

Page: 640

View: 2009

Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.

Constitutionalizing Economic Globalization

Investment Rules and Democracy's Promise

Author: David Schneiderman

Publisher: Cambridge University Press

ISBN: 1139470094

Category: Law

Page: N.A

View: 8227

Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions – between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.

Law and Development in Asia

Author: Gerald Paul McAlinn,Caslav Pejovic

Publisher: Routledge

ISBN: 1136517103

Category: Law

Page: 360

View: 7317

This book fills a gap in the literature by presenting a comprehensive overview of the key issues relating to law and development in Asia. Over recent decades, experts in law and development have produced multiple theories on law and development, none of which were derived from close study of Asian countries, and none of which fit very well with the existing evidence of how law actually functioned in these countries during periods of rapid economic development. The book discusses the different models of law and development, including both the developmental state model of the 1960s and the neo-liberal model of the 1980s, and shows how development has worked out in practice in relation to these models in a range of Asian countries, including Japan, Korea, China, Thailand, Singapore, India and Mongolia. Particular themes examined include constitutionalism, judicial and legal reform; labour law; the growing importance of private rights; foreign investment and the international law of development. Reflecting the complexity of Asian law and society, both those who believe in an "Asian Way" which is radically different from law and development in other parts of the world, as well as those who believe the arc of law and development is essentially universal, will find support in this book.

The Foundations of International Investment Law

Bringing Theory into Practice

Author: Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales

Publisher: OUP Oxford

ISBN: 0191508586

Category: Law

Page: 586

View: 5160

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

Law and Development of Middle-Income Countries

Avoiding the Middle-Income Trap

Author: Randall Peerenboom,Tom Ginsburg

Publisher: Cambridge University Press

ISBN: 1107028159

Category: Business & Economics

Page: 400

View: 6345

This interdisciplinary volume addresses the special challenges that middle-income countries confront from both a theoretical and a practical perspective.

The Knowledge Economy and Lifelong Learning

A Critical Reader

Author: D.W. Livingstone,David Guile

Publisher: Springer Science & Business Media

ISBN: 9460919154

Category: Education

Page: 360

View: 3936

This book presents some of the most trenchant critical analyses of the widespread claims for the recent emergence of a knowledge economy and the attendant need for greater lifelong learning. The book contains two sections: first, general critiques of the limits of current notions of a knowledge economy and required adult learning, in terms of historical comparisons, socio-political construction and current empirical evidence; secondly, specific challenges to presumed relations between work requirements and learning through case studies in diverse current workplaces that document richer learning processes than knowledge economy advocates intimate. Many of the leading authors in the field are represented. There are no other books to date that both critically assess the limits of the notion of the knowledge economy and examine closely the relation of workplace restructuring to lifelong learning beyond the confines of formal higher education and related educational policies. This reader provides a distinctive overview for future studies of relations between work and learning in contemporary societies beyond caricatures of the knowledge economy. The book should be of interest to students following undergraduate or postgraduate courses in most social sciences and education, business and labour studies departments, as well as to policy makers and the general public concerned about economic change and lifelong learning issues. D. W. Livingstone is Canada Research Chair in Lifelong Learning and Work and Professor Emeritus at the Ontario Institute for Studies in Education, University of Toronto. David Guile is Professor of Education and Work at the Institute of Education, University of London.

Rights in Divided Societies

Author: Colin Harvey,Alexander Schwartz

Publisher: Bloomsbury Publishing

ISBN: 1847319793

Category: Law

Page: 284

View: 1688

This collection examines the role and value of rights in divided and post-conflict societies, approaching the subject from a comparative and theoretical perspective. Societies emerging from violent conflict often opt for a bill of rights as part of a wider package of constitutional reform. Where conflict is fuelled by longstanding ethno-national divisions, these divisions are often addressed through group-differentiated rights. Recent constitutional settlements have highlighted the difficulties in drafting a bill of rights in divided/post-conflict societies, where the aim of promoting unity is frequently in tension with the need to accommodate difference. In such cases, a bill of rights might be a rallying point around which both minorities and the majority can articulate a common vision for a shared society. Conversely, a bill of rights might provide merely another venue in which to play out familiar conflicts, further dividing an already divided society. The central questions that animate the collection are: (1) Can constitutional rights provide a basis for unity and a common 'human rights culture' in divided societies? If so, how? (2) To what extent should divided societies opt for a universalistic package of rights protections, or should the rights be tailored to the specific circumstances of a divided society, providing for special group-sensitive protections for minorities? (3) Is a divided society more or less likely to adopt a bill of rights? (4) How does the judiciary figure in the management or resolution of ethno-national conflict? (5) What are the general theoretical and philosophical issues at stake in a rights-based approach to the management or resolution of ethno-national divisions or other conflicts?

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