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Law And Development In The Third World
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Book Synopsis International Law and the Third World by : Richard Falk
Download or read book International Law and the Third World written by Richard Falk and published by Routledge. This book was released on 2008-03-31 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is devoted to critically exploring the past, present and future relevance of international law to the priorities of the countries, peoples and regions of the South. Within the limits of space it has tried to be comprehensive in scope and representative in perspective and participation. The contributions are grouped into three clusters to give some sense of coherence to the overall theme: articles by Baxi, Anghie, Falk, Stevens and Rajagopal on general issues bearing on the interplay between international law and world order; articles highlighting regional experience by An-Na’im, Okafor, Obregon and Shalakany; and articles on substantive perspectives by Mgbeoji, Nesiah, Said, Elver, King-Irani, Chinkin, Charlesworth and Gathii. This collective effort gives an illuminating account of the unifying themes, while at the same time exhibiting the wide diversity of concerns and approaches.
Book Synopsis Third World Approaches to International Law by : Usha Natarajan
Download or read book Third World Approaches to International Law written by Usha Natarajan and published by Routledge. This book was released on 2019-07-23 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the themes of praxis and the role of international lawyers as intellectuals and political actors engaging with questions of justice for Third World peoples. The book brings together 12 contributions from a total of 15 scholars working in the TWAIL (Third World Approaches to International Law) network or tradition. It includes chapters from some of the pioneering Third World jurists who have led this field since the time of decolonization, as well as prominent emerging scholars in the field. Broadly, the TWAIL orientation understands praxis as the relationship between what we say as scholars and what we do – as the inextricability of theory from lived experience. Understood in this way, praxis is central to TWAIL, as TWAIL scholars strive to reconcile international law’s promise of justice with the proliferation of injustice in the world it purports to govern. Reconciliation occurs in the realm of praxis and TWAIL scholars engage in a variety of struggles, including those for greater self-awareness, disciplinary upheaval, and institutional resistance and transformation. The rich diversity of contributions in the book engage these themes and questions through the various prisms of international institutional engagement, world trade and investment law, critical comparative law, Palestine solidarity and decolonization, judicial education, revolutionary struggle against imperial sovereignty, Muslim Marxism, Third World intellectual traditions, Global South constitutionalism, and migration. This book was originally published as a special issue of Third World Quarterly.
Book Synopsis International Law from Below by : Balakrishnan Rajagopal
Download or read book International Law from Below written by Balakrishnan Rajagopal and published by Cambridge University Press. This book was released on 2003-11-06 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of transnational social movements as major actors in international politics - as witnessed in Seattle in 1999 and elsewhere - has sent shockwaves through the international system. Many questions have arisen about the legitimacy, coherence and efficiency of the international order in the light of the challenges posed by social movements. This book offers a fundamental critique of twentieth-century international law from the perspective of Third World social movements. It examines in detail the growth of two key components of modern international law - international institutions and human rights - in the context of changing historical patterns of Third World resistance. Using a historical and interdisciplinary approach, Rajagopal presents compelling evidence challenging debates on the evolution of norms and institutions, the meaning and nature of the Third World as well as the political economy of its involvement in the international system.
Book Synopsis Law and Development by : Anthony Carty
Download or read book Law and Development written by Anthony Carty and published by NYU Press. This book was released on 1992-08-01 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive volume brings together the major essays in the subject of law and development. The first sections concerns the relationship between legal systems and social, political and economic change in developing countries. The second section seeks to explain issues which concern law and development in the domestic context.
Book Synopsis Law and Development by : Yong-Shik Lee
Download or read book Law and Development written by Yong-Shik Lee and published by Routledge. This book was released on 2018-10-03 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the theory and practice of law and development. It reviews the evolution of law and development studies and presents a general theory of law and development. The general theory sets the conceptual parameters of "law" and "development" and explains the mechanisms by which law impacts development. In the second part, the book applies the general theory to analyze the development cases of South Korea and South Africa from legal and institutional perspectives. The book also adopts, for the first time, the law and development approaches to analyze the economic issues of the United States. It discusses why it is critical to develop the Analytical Law and Development Model or "ADM."
Book Synopsis World Development Report 2017 by : World Bank Group
Download or read book World Development Report 2017 written by World Bank Group and published by World Bank Publications. This book was released on 2017-01-23 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.
Book Synopsis The State, Law, and Development by : Robert B. Seidman
Download or read book The State, Law, and Development written by Robert B. Seidman and published by . This book was released on 1978 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Development Law by : Rumu Sarkar
Download or read book International Development Law written by Rumu Sarkar and published by Oxford University Press. This book was released on 2009-10-29 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This theoretical and practical overview of the international legal architecture between developing countries and advanced nations is divided into two parts, the first providing a theoretical overview of the philosophical implications of international development law principles; the second deals with international financial architecture.
Book Synopsis The New Law and Economic Development by : David M. Trubek
Download or read book The New Law and Economic Development written by David M. Trubek and published by Cambridge University Press. This book was released on 2006-08-21 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law and Development Perspective on International Trade Law by : Yong-Shik Lee
Download or read book Law and Development Perspective on International Trade Law written by Yong-Shik Lee and published by Cambridge University Press. This book was released on 2011-07-25 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic development is the most important agenda in the international trading system today, as demonstrated by the Doha Development Agenda (DDA) adopted in the current multilateral trade negotiations of the World Trade Organization (the Doha Round). This book provides a relevant discussion of major international trade law issues from the perspective of development in the following areas: general issues on international trade law and economic development; and specific law and development issues in World Trade Organization, Free Trade Agreement and regional initiatives. This book offers an unparalleled breadth of coverage on the topic and diversity of authorship, as seventeen leading scholars contribute chapters from nine major developed and developing countries, including the United States, Canada, Japan, China (including Hong Kong), South Korea, Australia, Singapore and Israel.
Book Synopsis Decolonising International Law by : Sundhya Pahuja
Download or read book Decolonising International Law written by Sundhya Pahuja and published by Cambridge University Press. This book was released on 2011-09-29 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.
Book Synopsis Law and Development of Middle-Income Countries by : Randall Peerenboom
Download or read book Law and Development of Middle-Income Countries written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2014-02-10 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary volume addresses the special challenges that middle-income countries confront from both a theoretical and a practical perspective.
Book Synopsis Law and the New Developmental State by : David M. Trubek
Download or read book Law and the New Developmental State written by David M. Trubek and published by Cambridge University Press. This book was released on 2013-05-31 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Global Responsibility for Human Rights by : Margot E. Salomon
Download or read book Global Responsibility for Human Rights written by Margot E. Salomon and published by Oxford University Press, USA. This book was released on 2007 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text considers the issues of world poverty and global justice, addressing the ability of people in poor or developing countries to have enough food, or clean water, or access to basic healthcare. It draws on international law aimed at the protection and promotion of human rights.
Book Synopsis Competition Law in Developing Countries by : Thomas K. Cheng
Download or read book Competition Law in Developing Countries written by Thomas K. Cheng and published by Oxford University Press. This book was released on 2020-05-27 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together perspectives of development economics and law to tackle the relationship between competition law enforcement and economic development. It addresses the question of whether, and how, competition law enforcement helps to promote economic growth and development. This question is highly pertinent for developing countries largely because many developing countries have only adopted competition law in recent years: about thirty jurisdictions had in place a competition law in the early 1980s, and there are now more than 130 competition law regimes across the world, of which many are developing countries. The book proposes a customized approach to competition law enforcement for developing countries, set against the background of the academic and policy debate concerning convergence of competition law. The implicit premise of convergence is that there may exist one, or a few, correct approaches to competition law enforcement, which in most cases emanate from developed jurisdictions, that are applicable to all. This book rejects this assumption and argues that developing countries ought to tailor competition law enforcement to their own economic and political circumstances. In particular, it suggests how competition law enforcement can better incorporate development concerns without causing undue dilution of its traditional focus on protecting consumer welfare. It proposes ways in which approaches to competition law enforcement need to be adjusted to reflect the special economic characteristics of developing country economies and the more limited enforcement capacity of developing country competition authorities. Finally, it also addresses the long-running debate concerning the desirability and viability of industrial policy for developing countries. The author would like to acknowledge the Research Grants Council of Hong Kong for its generous support. The work in this book was fully supported by a grant from the Research Grants Council of Hong Kong (Project No. HKU 742412H).
Book Synopsis Sustainable Development in World Trade Law by : Markus W. Gehring
Download or read book Sustainable Development in World Trade Law written by Markus W. Gehring and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Johannesburg at the World Summit on Sustainable Development in 2002, over one hundred and eighty states assumed a collective responsibility to advance and strengthen the interdependent and mutually reinforcing pillars of sustainable development economic development, social development, an environmental protection at the local, national, regional and global levels. This remarkable collection of papers, sponsored by the Centre for International Sustainable Development Law (CISDL), demonstrates that sustainable development serves as a unifying concept with the potential to facilitate much-needed respect for international law and timely implementation of diverse and overlapping international commitments. It builds on the substance of a rich and complex debate at the intersections among economic, social, and environmental law, bringing together a broad cross-section of viewpoints and voices. The authors review recent developments in WTO discussions and negotiations, and in the recent decisions of the WTO Appellate Body, from a sustainable development law perspective. They also survey relevant new developments in trade and economic agreements at regional, inter-regional and bi-lateral levels. The various essays focus on sustainable development aspects of key issues in recent trade negotiations such as the Singapore Issues (investment, competition, trade facilitation, and government procurement), intellectual property rights, investment arbitration and the linkage between the WTO and multilateral environmental accords, (MEAand¿s).. Among the specific topics covered are the following: Emerging areas of law and policy in trade and sustainable development, The underlying development agendas in global trade law negotiations, Cooperation and potential negotiation on international competition law, Sustainable development aspects of intellectual property rights negotiations, Overlaps between multilateral environmental accords (MEAand¿s) and the WTO, Recent developments in WTO dispute settlement procedures and proceedings, Human rights and environmental opportunities from trade liberalisation and increased market acces, Human rights and environment impact assessment techniques used to analyse trade agreements, Recent developments in bi-lateral and regional trade agreements. Trade, investment, and competition law practitioners and negotiators in developed and developing countries will find this book of great value, as will development and environment law professionals with responsibility for trade and WTO law related matters. With rich contributions from leading trade law practitioners, academics, and WTO panel and appellate body roster members, Sustainable Developments in World Trade Law offers a constructive, timely and accessible expert analysis of recent discussions and advances in the field, providing an integrated and essential guide to some of the most important issues in international economic law today.
Book Synopsis The Law of Development Cooperation by : Philipp Dann
Download or read book The Law of Development Cooperation written by Philipp Dann and published by Cambridge University Press. This book was released on 2013-11-07 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative study of rules governing development assistance asks how accountability, human rights and sovereignty are preserved while combating poverty.