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This book concerns how China's legal institutions promoted its economic growth and demonstrates that the law has played different roles at various stages of China's economic transformation, a signal of legal paradigm shifts in reaction to the changing political and economic pursuits.By decomposing the role of law in the process, the author argues that while the Chinese economy was transforming from a planned economy to a market-oriented one, the law also made its adjustment as a response—the Chinese legal system was evolving from the one consisting of primarily substantive laws to the one filled with high-level formal laws by the end of the last century. The above observation of legal formalization is further consolidated by introducing the particularities of China's legal education in those years—a topic rarely dealt with yet of significance to comprehensively understand the Chinese legal system in practice. Overall, the present book argues against the modernization theory and determinism that would anticipate a similar developmental path globally and shows that the relationship between law and economic development is contingent. Therefrom, this study weighs in the law and development debate and breaks a perception of static law in the economy by rejecting the conventional perception of established legal institutions as a precondition of modernity.Hence, this book could appeal to legal scholars and sociologists interested in reevaluating western theories of free economy and its relationships to the law. In addition, scholars interested in research methodology would find the perspective of paradigm shifts in interpreting China's transformations a helpful analytical framework in research. Moreover, policymakers and legislators concerned about the characteristics of law for economic results would also find the book useful.

The Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates the significant and multifaceted roles that international law plays in development. Bringing together a collection of perspectives from contributors working across multiple fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. This includes chapters on human rights, gender equality, race and discrimination, environmental law and climate change, forced displacement and migration, and international trade and investment. They analyse how international law rules and processes can influence procedural and substantive aspects of development policies as these regulate various forms of financial support, trade, technical assistance, and policy dialogue. They also explore whether, and how, development could be more effective and yield more equitable and sustainable outcomes if the relevant and applicable rules of international law were better understood, consistently incorporated, and appropriately applied to development activities. A foundational premise of this book is that development policy and practice should be grounded more systematically in international law, rejecting the notion that development law and policy comprise a'self-contained'regime or that development is undertaken in a legal vacuum. The proposed systematic grounding in public international law would in turn help uphold international legal accountability in the context of development activities.

Energy intersects with the environment at all stages of its life cycle by affecting nature and public health and is subject to government measures concerning low-carbon growth, energy efficiency and conservation, renewable energy and ecologically safe supply of nuclear and other energy resources. This timely book provides a comprehensive analysis of the role of international economic law in regulating such an energy-environment nexus under the regimes of the WTO, the Energy Charter Treaty, regional trade agreements and investment treaties. The author discusses the international environmental and economic law foundations of this nexus and extensively examines relevant rules, jurisprudence and practices regarding trade restrictions, subsidies, technical standards, investment protection and technology policies. This book highlights the existing gaps and'greening'solutions within the framework of international economic law. Where relevant, it draws comparisons between trade law and investment law to show their similarities, differences and (potential) conflicts at the energy-environment interface.

This book is a major stocktaking of law and economics in the context of developing and emerging economies, and in the light of the dramatic changes in the global economy that we have witnessed in recent years. The rise of artificial intelligence, digital technology, and mega platforms that collect data and facilitate trade is changing the landscape of economics. Rapid globalization has created new challenges for law and regulation, since increasingly contentious cases arise which span multiple countries and several legal jurisdictions. All these changes are giving rise to new problems in developing countries where many people lead precarious lives anyway, healthcare is minimal, and corruption widespread. Alongside these global developments, the discipline of law and economics is also undergoing profound changes, making us re-think some of the founding assumptions of the subject.

Since the mid-twentieth century,'international law'and'international development'have become two of the most prominent secular languages through which aspirations about a better world are articulated.. They have shaped the both the treatment and self-understanding of the'developing'world, often by positing the West as a universal model against which developing states, their citizens, and natural environments should be measured and disciplined. In recent years, however, critical scholars have investigated the deep linkages between the concept of development, the doctrines and institutions of international law, and broader projects of ordering at the international level. They have shown how the leading models de-radicalise, if not derail, initiatives to redefine development and pursue other forms of global well-being. Bringing together scholars from both the Global South and the Global North, the contributions in this Handbook invite readers to consider the limits of common normative and developmentalist assumptions. At the same time, the Handbook demonstrates how disparate but still identifiable set of ideas, imaginaries, norms, and institutional practices - related to law, development and international governance - shape today's profoundly unequal material conditions, threatening the future of human and nonhuman life on the planet. The book focuses on five distinct areas: existing disciplinary frameworks, institutions and actors, regional theatres of international law and development, competing social and economic agendas, and alternative futures. Offering a unique overview of the field of international law and development and assembling major critical, historical, and political economic insights, this Handbook is an unmissable resource for scholars of international law, international relations, development studies, and global history, as well as anyone interested in the past, present, and future of our world.

'In 2015, UN member states agreed to 17 global Sustainable Development Goals (SDGs) to end poverty, protect the planet, and ensure prosperity for all. The academic community, policymakers, industry leaders, and civil society must work together and share experiences on the implementation of SDGs. Open discussion on lessons learned from the inclusive education policies, the difficulties and obstacles developing economies face in implementing the SDGs, and the affordability of the clean energy policies initiated by the SDGs will guide and inform better decision making for future implementations across the world.Public Policy's Role in Achieving Sustainable Development Goals is authored by various esteemed researchers, policymakers, and academics from a multidisciplinary perspective and emphasizes quality research-based studies that contribute to theory, lessons learned, best practices, critical understanding, and policy implications or formulation on the Sustainable Development Goals (SDGs) in any country. It supports the acceleration required to implement the SDGs by mobilizing the academic community, policymakers, industry, and civil society to discuss experiences focusing on the SDGs and their implementation in the context of public policy, administration, and governance deemed most important for world regions. Thus, the book will have a global discussion while addressing the SDGs in a way that considers each region's specificities. It is designed for researchers from the social sciences, arts and humanities, sociology, politics, and the broader interdisciplinary fields of business and economics and also for policymakers, corporations, NGOs, government bodies, research centers, think tanks, and university libraries worldwide.'--

This book adopts a transnational methodology to reflect on the legalisation of international economic relations. A Liber Amicorum for Professor Francis Snyder, it outlines the ways in which legal scholarship has taken his legacy further in relation to the concept of transnational law, the'law in context'method, and the evolution of sustainability law. The lens is both theoretical and practical, delving into international investment law, financial/monetary law, free trade agreements, indigenous rights, and food law, and covering case studies from EU law, WTO law, American law, Chinese law, and Indonesian law.The chapters explore how Snyder's ideas have advanced legal research and determined change in regulation, impacting trade relationships worldwide. Part I of the book gives an overview of the actors, the norms, and the processes of transnational economic law, discussing sites of governance, legal pluralism, and soft law. Part II takes stock of the'law in context'research method, looking not only at the way in which it can be refined and used by academics, but also at the practical implications of such a method to improve regulatory settings and promote social and policy goals (including the emerging generation of FTAs, such as TPP, TTIP, and RCEP). Part III focuses on sustainability law, assessing Francis Snyder's contribution to systemic changes and reforms in China and the Asia Pacific region.The book is a must have for any academic or practitioner interested in an up-to-date account of the recent developments in transnational trade law research.

The book highlights new imaginaries required to transcend traditional approaches to law and development. The authors focus on injustices and harms to people and the environment, and confront global injustices involving impoverishment, patriarchy, forced migration, global pandemics and intellectual rights in traditional medicine resulting from maldevelopment, bad governance and aftermaths of colonialism. New imaginaries emphasise deconstruction of fashionable myths of law, development, human rights, governance and post-coloniality to focus on communal and feminist relationality, non-western legal systems, personal responsibility for justice and forms of resistance to injustices. The book will be of interest to students and scholars of development, law and development, feminism, international law, environmental law, governance, politics, international relations, social justice and activism.

This book aims to connect narratives associated with the past to the international regime that protects property and contract rights of foreign investors. The book scrutinizes justifications offered to sustain practices associated with colonialism, imperialism, civilized justice, debt, and development, revealing that a number of the rationales offered in support of investment law disciplines replicate those arising out of this discredited past. By revealing these linkages, the book raises concerns about investment law's premises. It would appear that the normative foundations for today's regime reproduces discursive practices that are less than compelling. The book argues that citizens deserve something more than historically discredited reasons to justify the exercise of power over them – something more than mere pretext.

This book showcases how the People's Republic of China (PRC) has been utilizing the Belt and Road Initiative (BRI) to reshape the global order. Dissecting China's increasingly assertive international behaviour, the book demonstrates how the PRC projects its self-perception onto the international order. The book outlines five aspects of China's international role projection, which the PRC applies selectively, depending on its target audience: (1) The bearer of traditional Chinese culture; (2) The humiliated nation; (3) The socialist state with Chinese characteristics; (4) The developing state and promoter of international development; (5) The authoritarian globalization optimist.Drawing on an in-depth analysis of hundreds of primary BRI documents, the book offers a comprehensive overview of China's most crucial foreign policy agenda item. It demonstrates how, through the BRI, the PRC has introduced mechanisms to the international level, which reflect its domestic policy-making mode. In addition, the PRC has institutionalized the initiative by establishing China-centered BRI networks across a wide range of policy areas. Within those emerging China-centered BRI networks, the PRC systematically increases its international discursive power, for example, by inserting Chinese vocabulary into UN resolutions or by promoting Beijing's approaches vis-à-vis'the rule of law'across a range of developing states. This book also further discusses the implications of the BRI for the international legal order.

Most law and development books focus on'what went wrong'. Eyes on the Prize is an exception: it focuses on'what went right'in Singapore's transformation from squalid colony to successful growth-oriented, capitalist state. It questions the efficacy and nature of the role of law in the forty-year transformation, in the light of traditional and neo-traditional theories of law and development. It has not been the'rule of law'as such that has contributed to Singapore's development. Rather it has been law as the embodiment of'mature policy'of a goal-oriented, politically stable, educated, largely non-corrupt, communitarian and authoritarian state bureaucracy, which was grafted onto the remnants of the previous colonial administrative structures. Dr Carter examines Singapore's economic development in relation to labour law, land law, and intellectual property law, testing these against key aspects of law and development theories. While analyses of the former challenge the law and development convergence theory, that of intellectual property law uncovers the transforming impact of global influences such as the WTO. As such, the book provides a novel and balanced account for the student of law and economic development.

The book examines the theory and practice of law and development. It introduces the General Theory of Law and Development, an innovative approach which explains the mechanisms by which law impacts development. This book analyzes the process of economic development in South Korea, South Africa, and the United States from legal and institutional perspectives. The book also explains why the concept of'development'is not only relevant to developing countries but to developed economies as well. The new edition includes five new chapters addressing the relationships between law and economic development in several key areas, including property rights, political governance, business transactions, state industrial promotion, and international trade and development.

This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent's natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.

What happens'in the name of development'?Who's winning-companies or countries?Are we underestimating the power of philanthropy?Can we have prosperity without profits?What are the equations between politicians, plutocrats and'others'in between? In the present global economic order, more than one-third of the 100 largest economic actors today are private companies, and not countries. CEOs of international corporations are seen as dominant players in a country's economic (and often, foreign) affairs. Yet, despite the growing importance of multinational corporations in international relations, there is an equally loud demand that companies contribute towards the agenda of sustainable development. A close look at this scenario reveals a complex interplay of government policies, external relations, multilateral/international organisations, societal needs, etc. For the Greater Common Good raises an important question-what are those complex systems that are running the world? It aims to deconstruct the blurred boundaries among businesses, governments and foreign policies to redefine the development agenda of nations and institutions. It discusses these less talked about intertwined threads of the business world, policies and diplomacy that impact the common man and details the entire ecosystem from a unique perspective, forging solution for development. Can we offer a shared future for everyone? Can we make this a better world? Read on to know more!

Since the passage of the ASEAN Charter in 2008, ASEAN has transformed itself from a loose economic cooperation, into a formal intergovernmental organization designed to create an “ASEAN Community” forged together in three pillar communities – the ASEAN Political-Security Community, ASEAN Economic Community, and tASEAN Socio-Cultural Community. Forty years of pre-Charter ASEAN practices, coupled with over ten years of post-Charter ASEAN practices thus far, has witnessed the conclusion of hundreds of legally binding regional treaties and similarly binding international instruments in all areas of economic, political-security, and socio-cultural concerns for Southeast Asia to achieve ASEAN's rule of law-based development objective. Pre-Charter and post-Charter ASEAN Law is variably implemented under a hybrid governance system that depends heavily on ASEAN Member State national implementation alongside ASEAN's evolving regional institutions. The result is not a model of deep integration as in the case of the European Union, but a particular paradigm of horizontal embeddedness of ASEAN Law – in all its norms and operational practices – contingent on the capacities and compliance of national government bureaucracies in Southeast Asia.This edited collection is a concise authoritative volume covering the practical, doctrinal, legal, and policy aspects of the new regime of ASEAN Law and its consequences for realizing rule of law-based development in Southeast Asia's emerging single market and production base. Drawing together contributions from a range of key thinkers in the field, the editors present the legal and policy-making issues implicated in the practical implementation of Southeast Asia's single market and its regime for the free movement of goods, services, foreign investment, and cross-border labor. The book also examines the nature of regional law-making under ASEAN before and after the commencement of regional integration in 2015, the nature of ASEAN's economic regulators, as well as the evolving structure for enforcement and harmonization of “ASEAN Law” through the array of Southeast Asian national courts, arbitral tribunals, and incipient mechanisms for inter-State, intra-regional, and individual-State conflict management and dispute resolution.This book is highly relevant to students, scholars, and policy-makers with an interest in ASEAN Law and regional policy, and to Southeast Asian studies in general.

This insightful book examines the impact of two competing visions of Asian-Pacific economic growth paths and development governance. It discusses law, development and finance in the context of the Indo-Pacific Strategy versus the Belt and Road Initiative (BRI), whilst also comparing parallel development financing systems.Jin Sheng reflects on and connects a series of issues of global significance, such as the economic Cold War, global debt, industrialisation and development in the developing world, and the changing international economic order. In so doing the author posits that the BRI's ultimate objective is to export China's development model, which is characterised by a focus on exports, experimentalism, and oversupply of currency. The book also critically examines China's ambition to dominate the international economic order and set up its own favoured international rules.Alternative Development Finance and Parallel Development Strategies in the Asia-Pacific will be an important read for researchers and policy makers in the fields of law, development and finance in the Asia-Pacific region.

This book conducts a comparative legal study from two analytical points of view. First, it accounts for the legal dimensions of the fight against poverty and the right to development as seen from the perspective of domestic legal law. It examines the domestic legal tools, such as constitutional law, that aim to contribute to the fight against poverty and the right to development. Second, the book accounts for the domestic contributions to the international legal framework and examines cross-cutting themes of the contemporary state-of-play on the fight against poverty more broadly and of the right to development. The book consists of several national and thematic reports, which look at these issues from either a national or a thematic perspective. Its first chapter is a general report, which draws on the national and thematic reports to compare, systematize and question the contemporary features at play within the field of the fight against poverty and the right to development.

This book argues that International Investment Law system – IIL - was the result of a colonial project within a capitalist system that has been influenced by the developmentalism discourse and the neoliberal ideology, becoming an instrument that facilitated forms of systemic violence against Third World countries. In order to develop this argument, Enrique Prieto-Rios uses post-war critical thought, chiefly Fanon as interpreted by Lewis R Gordon, the works pursued by academics, part of the Caribbean Philosophical Association, the Institute for Global Law and Policy, the international law from below (southern perspectives), and critical economic thought— particularly the notable economic contributions of Ha-Joon Chang and Latin-American philosopher Enrique Dussel.

This book provides a nuanced picture of how diverse legal debates on the pursuit of economic development and modernization have played out in Latin America since independence.The opposing concepts of modernization theory and Dependency Theory can be seen to be playing out within the field of legal transformation, as some legal analysts define law as a closed, formal, rational system, and others see law as inseparable from economic, social and political change. Legal experiments have followed these trends, in some cases using legal instruments to guarantee classical, civil and political rights, and in others demanding radical transformation of existing legal structures. This book traces these debates across the key topics of: economic development and foreign investment; property; resource and power distribution in terms of gender and social policy. Drawing on a wide range of literature, the book adds complexity and color to our understanding of these themes in Latin America. This insightful exploration of comparative law within Latin America provides the tools needed to understand legal transformation in the region, and as such will be of interest to researchers within law, political sociology, development and Latin American studies.

The book assesses emerging powers'influence on international economic law and analyses whether their rhetoric of reforming this ‘unjust'order translates into concrete reforms. The questions at the heart of the book surround the extent to which Brazil, Russia, India, China, and South Africa individually and as a bloc (BRICS) provide alternative regulatory ideas to those of ‘Western'States and whether they are able to convert their increased power into influence on global regulation. To do so, the book investigates two broader case studies, namely, the reform of international investment agreements and WTO reform negotiations since the start of the Doha Development Round. As a general outcome, it finds that emerging powers do not radically challenge established law. ‘Third World'rhetoric mostly does not translate into practice and rather serves to veil economic interests. Still, emerging powers provide for some alternative regulatory ideas, already leading to a diversification of international economic law. As a general rule, they tend to support norms that allow host States much policy space which could be used to protect and fulfil socio-economic human rights, especially – but not only – in the Global South.

La finalidad de la Agenda de la OMPI para el Desarrollo es integrar la dimensión de desarrollo en la labor de la Organización. Por consiguiente, se trata de una cuestión que afecta a todos los sectores de la Organización en su conjunto. Cuando se estableció oficialmente la Agenda de la OMPI para el Desarrollo, en octubre de 2007, la Asamblea General de la OMPI adoptó una serie de 45 recomendaciones para fomentar la dimensión de desarrollo en las actividades de la Organización.

Le Plan d'action de l'OMPI pour le développement vise à faire en sorte que les questions de développement fassent partie intégrante des travaux de l'OMPI. À ce titre, il s'agit d'une question intersectorielle touchant tous les secteurs de l'Organisation. Lorsqu'elle a officiellement établi le Plan d'action pour le développement en octobre 2007, l'Assemblée générale de l'OMPI a adopté un ensemble de 45 recommandations destinées à mieux prendre en considération la dimension du développement dans les activités de l'Organisation.

The WIPO Development Agenda aims to ensure that development considerations form an integral part of WIPO's work. As such, it is a cross-cutting issue which touches upon all sectors of the Organization. When formally establishing the Development Agenda in October 2007, the WIPO General Assembly adopted a set of 45 recommendations to enhance the development dimension of the Organization's activities.

This book will trace the trajectory of the surprising idea that the victims of monopolistic conspiracies should be allowed to fight back using the same fraudulent and immoral weapons as the conspirators. In other words, if left to itself, the market will produce the antibodies necessary to survival, notwithstanding its most sinister pathology – the tendency of its principals to conclude private agreements behind the scenes.Originally conceived in a moral context halfway through the 16th century, the idea was then taken over by the world of commercial law in exactly the form it had been employed theologically. Surprisingly, though, after doing the rounds for over a century, it then disappeared without trace. This book will look at how Adam Smith revived and recharged the idea. He applied it in The Wealth of Nations (1776) to the conflict of interest between employers and workers in the attempt to break the stranglehold of the artificial compression of wages to minimum subsistence level. After Smith, the freshly revived idea went underground again for another half-century until, in the 1820s, it assumed a front-row position in the newborn liberal political economics. This book will look at how, in the framework of the debate over the repeal of the Combination Laws, the idea was dusted down and put back in the fight, having first been stripped it off its moral clothes and dressed instead in the new robes of economic pragmatism.

The book examines the well-established field of ‘law and development'and asks whether the concept of development and discourses on law and development have outlived their usefulness.The contributors ask whether instead of these amorphous and contested concepts we should focus upon social injustices such as patriarchy, impoverishment, human rights violations, the exploitation of indigenous peoples, and global heating? If we abandoned the idea of development, would we end up adopting another, equally problematic term to replace a concept which, for all its flaws, serves as a commonly understood shorthand? The contributors analyse the links between conventional academic approaches to law and development, neoliberal governance and activism through historical and contemporary case studies.The book will be of interest to students and scholars of development, international law, international economic law, governance and politics and international relations.

This book describes how international development works, its shortcomings, its theoretical and practical foundations, along with prescriptions for the future. International Development Law provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. In particular, the book provides new, innovative analysis on corruption as an impediment to sustainable development. The three interlocking facets of corruption are examined: transnational organized crime, Islamic-based international terrorism, and corruption within emerging economies and the international banking system. Thus fresh new analysis adds depth and clarity to a field that heretofore has been scattered and superficial. Finally, the “right to development” within the international human rights discourse is critically reviewed, particularly in light of new jurisprudence emerging from the African context.This book offers a fresh, new and balanced legal perspective on the development process. The text has been rigorously researched and has many practical facets based on the author's professional experience within the international development field. It is an invaluable research and teaching tool since it takes a multidisciplinary approach to putting complex issues, legal trends and political questions into a clear, new perspective that is highly analytical as well as accessible to the reader. The author's elegant legal prose is both powerful and persuasive.

After reflecting On the European and Asian origins of legal and political systems: views from Korea, Kazakhstan and France (2018), the authors address in this book three intertwined issues. First, how systems that were established long ago are challenged by the necessity to adapt to change both in time, rapidly after the end of the cold war, and in space, across the continent of Eurasia and no longer ‘simply'in their sub-region. Second, how these systems evolve both in a sui generis manner and adopt, each for itself, reforms at the national and sub-regional levels; and also in a reciprocal manner, learn and borrow from each other towards a ‘regional legal order'in the making. Third, how extra-judicial evolutions, such as the logistical and commercial dynamics of the Belt and Road Initiative(s) appear more and more as the source or the cause of that very change affecting all Eurasian actors and interests. Examined elsewhere from a broad social sciences perspective, in the publication Cross-border exchanges: Eurasian perspectives on logistics and diplomacy (2019), these issues are here systematically analysed by a mix of conceptual and doctrinal perspectives and of textual, jurisprudential and positivist perspectives. Naturally, the challenge within the challenge to ascertain is whether a pan-regional or global legal ‘model'would be capable of impacting change in general and legal change in particular as part of the ‘post-cold-war 2:', where the political-military legacy is overcome by and yields to business concerns reaching beyond cautious legal constructions.

This unique book examines whether there is sufficient human rights accountability for undertakings supported by bilateral state development and export credit agencies. In contrast to leading international development and financial actors such as the World Bank, the accountability of bilateral development and export credit agencies has, to date, remained widely unexplored. This book analyses the effectiveness of the human rights system in allowing affected individuals to claim accountability for human rights violations resulting from bilateral development and export credit agency supported undertakings. It provides a comprehensive examination of development and export credit agencies'legal nature and explores three legal pathways open to claimants: host state responsibility, home state responsibility and corporate responsibility. Furthermore, it includes empirical data on the corporate responsibility process in seven agencies. Barbara Linder concludes that there is a significant human rights accountability gap with regards to bilateral development and export credit agency supported undertakings. The final chapters make recommendations for strengthening human rights accountability and improving access to justice for adversely affected individuals. Academics and professional lawyers working at the intersection of human rights, development cooperation and investment will find this a compelling body of work. The book provides information on existing case law, highlights human rights accountability gaps and outlines illustrative case studies that will act as a valuable point of reference.

This book examines the concept of ‘development'from alternative perspectives and analyzes how different approaches influence law. ‘Sustainable development'focuses on balancing economic progress, environmental protection, individual rights, and collective interests. It requires a holistic approach to human beings in their individual and social dimensions, which can be seen as a reference to ‘integral human development'– a concept found in ethics. ‘Development'can be considered as a value or a goal. But it also has a normative dimension influencing lawmaking and legal application; it is a rule of interpretation, which harmonizes the application of conflicting norms, and which is often based on the ethical and anthropological assumptions of the decision maker. This research examines how different approaches to ‘development'and their impact on law can coexist in pluralistic and multicultural societies, and how to evaluate their legitimacy, analyzing the problem from an overarchingtheoretical perspective. It also discusses case studies stemming from different branches of law.

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.'

The “Belt and Road” initiative, designed to enhance trade flows and spur long-term regional economic growth through infrastructure projects, has expanded China's overseas construction market. This book, written by prominent adjudicators, lawyers, scholars, entrepreneurs and consultants with extensive first-hand experience in global construction matters will assist Chinese contractors in identifying, managing and mitigating the inherent risks involved, including those arising from the political, social, economic and legal contexts of the foreign jurisdiction. Drawing on real-life experiences of project managers, lawyers, arbitrators and others—and including summaries of both successful and unsuccessful cases—the book comprehensively covers the variety of risks facing Chinese contractors of international engineering projects and provides useful advice on how to address them. The issues and topics covered in this book are: understanding the political, social and market environment of the host country; cost and scheduling impacts of host country regulation; dispute resolution mechanisms; site security; health and medical environment; availability of local goods and materials; appointment of local subcontractors; public relations and social responsibility; and insurance. Questionnaires and interviews covering a wide variety of Chinese overseas construction projects provide expert perspectives on risk analysis and management, best practices, precautions, issues to be adjudicated in arbitrations and much more. Addressing all the practical difficulties and problems encountered before and during an overseas construction project, the book will help in-house counsel for Chinese enterprises and those who interact with them improve management, reduces risks, and protect rights and interests. It will also serve as a general guide for international engineering contractors, given that the risks Chinese enterprises face in their overseas operations are shared by their international counterparts. Others welcoming this book include international lawyers, scholars and researchers specializing in construction law, arbitrators, arbitral institutions and international project owners.

The post-war liberal economic order seems to be crumbling, placing the world at an inflection point. China has emerged as a major force, and other emerging economies seek to play a role in shaping world trade and investment law. Might they band together to mount a wholesale challenge to current rules and institutions? Emerging Powers in the International Economic Order argues that resistance from the Global South and the creation of China-led alternative spaces will have some impact, but no robust alternative vision will emerge. Significant legal innovations from the South depart from the mainstream neoliberal model, but these countries are driven by pragmatism and strategic self-interest and not a common ideological orientation, nor do they intend to fully dismantle the current ordering. In this book, Sonia E. Rolland and David M. Trubek predict a more pluralistic world, which is neither the continued hegemony of neoliberalism nor a full blown alternative to it.

The Belt and Road Initiative (hereafter BRI) of China has attracted worldwide attention and participation, causing a lot of debate over its implications for international society. Although it is still in a budding stage, the BRI seems to afford a framework for an increasing number of countries to explore jointly new international economic governance mechanisms and offer significant opportunities for them to cope jointly with global challenges. Taking a globalization perspective and tracking the ancient silk roads, this book tries to examine the general context in which the BRI is raised and implemented, arguing that this Chinese initiative, instead of replacing existing international cooperation mechanisms, is a call for the reform and development of neoliberal globalization and will open up a new era of inclusive globalization. Inclusive globalization is neither an overturning nor a simple continuation of neoliberal globalization but rather a proposal capable of addressing the problems of existing globalization. The difference between them lies in the fact that globalization cannot only serve the'spatial fix'of capital but also has to meet the needs of living people. The book also addresses a number of major issues on building the Belt and Road and contains Chinese media's interviews with the author on various BRI issues. Given the author has been intensively involved in the study of and planning for the BRI, the book offers a valuable academic insight into this Chinese initiative.

Islamic economics, which is a discipline for studying economic behaviour from an Islamic perspective, advocates comprehensive human development defined by advancement and progress in multiple dimensions beyond GDP, income, or standard of living. Not only should socio-economic progress be in all dimensions but it should also have a higher purpose. A society is considered economically and socially developed if adequate protections are provided for faith, life, intellect, progeny, and wealth. This concept of balanced progress itself is an important idea recognized by the sociologists. However, the same has so far not been measured or used in policy making by economists. Similarly, lack of adequate protections in a society along these dimensions indicates poverty which is another way of measuring slack in development. The chapters in this edited volume deal with conceptualization of socio-economic development on these lines, and show how to measure socio-economic development in a comprehensive way. The book will be of interest to academics in the fields of economics, economic development, and Islamic economics. It will also be of interest to policy makers engaged in economic development, social progress, and poverty alleviation.

This edited collection fills a significant gap in the literature by gathering contributions from the most prominent academics and practitioners of aid and procurement. It explores the economic, political and legal relationship between procurement and aid effectiveness in developing countries, and takes stock of current debates in the field. More specifically, the contributions analyse the failures and successes of current initiatives to foster effectiveness and streamline the aid procurement process, and address current themes emerging in the literature related to development, procurement and aid success. A pivotal and timely publication, Public Procurement and Aid Effectiveness will be of interest to a varied and multicultural international audience and a wide range of actors working on aid effectiveness, development, procurement and good governance initiatives in both donor and beneficiary countries.

Seit einigen Jahren prägen offene Handelskonflikte, verdeckte Aggressionen in der Realwirtschaft und im Cyberraum sowie wachsender Protektionismus die Weltpolitik. Die Beziehungen des Westens zur Volksrepublik China trüben sich ein, und wegen des russischen Angriffskrieges gegen die Ukraine haben westliche Demokratien Sanktionen von beispielloser Schärfe verhängt. All das hat Folgen für den Wohlstand der Nationen und die internationale Stabilität. Mit Blick auf die aktuellen Entwicklungen haben Nils Ole Oermann und Hans-Jürgen Wolff ihr erstmals 2019 erschienenes Standardwerk zur Geschichte und Gegenwart der Handels- und Wirtschaftskriege völlig überarbeitet und stark erweitert.

Offering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and to harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent's approach towards regional integration. It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives. Proposing the concept of'Regional Developmentalism Through Law'as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.

As development policy moves away from considering the state as the primary driver of economic growth it is necessary to consider the institutional foundations of the market economy. It has been argued that without legal systems that allow for innovation and enterprise, all other attempts to improve economic growth are destined to fail. Law and Development offers an unparalleled assessment of the role of legal systems in development by extending the analytical framework of New Institutional Economics (NIE). Using empirical tests to critique Legal Origin Theory, and assess the role of culture in the formation of the legal environment, this book proposes that cultural factors are much more significant than allowed for by previous frameworks. This book will be invaluable for students of law and development, as well as academics researching the role of institutions. It provides a sound framework for considering legal reform and offers nuanced insights for policymakers interested in economic development.

Since the 2008 economic meltdown, market-driven globalization has posed new challenges for governments. This volume introduces the concept of “grey zones” of global governance, where state policy and market behaviour interact with respect to trade, the environment, food security, and investment. Grey zones allow for the bending of international rules, which both promotes uniformity in many areas of public life and facilitates diverse forms of capitalism in market societies, enabling governments to balance national and global economic benefits. This exploration of local engagement with international economic law offers an innovative way to interpret public concerns about trade, investment, food security, green energy, subsidies, and anti-dumping actions.

The report was written by senior scholars of international studies and Indian Ocean studies and focuses on international relations in the Indian Ocean region and covers many aspects of OBOR policy and South Asia. The report includes both a strategic review and major events, as well as related data in this region. This book also includes the origin, the aims, frameworks, the regional and global impact of India's new development under the Modi administration. The book includes the authors from 5 different institutes in China which provide readers with a full and authentic picture of India's most recent development. This year's Annual Report is the fourth of this kind and the only one which covers exclusively the Indian Ocean region in China.

This 28-chapter volume brings together academics and practitioners to provide a comprehensive legal, economic and political analysis of the Belt and Road (BRI) initiative that has emerged since 2013 as a key feature of China's international economic policy. It offers a fundamentally novel approach towards international trade, investment and global governance in an unsettled time of shifting geopolitics when many institutions developed in the West are being called into question. The book covers a broad range of BRI-related international economic law and policy issues, including trade facilitation and connectivity, economics and geopolitics of new trade routes, foreign direct investment law, bilateral investment treaties, free trade agreements, financing of infrastructure, development aid, international dispute resolution, and regional economic integration.

Is there a distinctive Chinese model for law and economic development? In The Beijing Consensus scholars turn their collective attention to answer this basic but seemingly under-explored question as China rises higher in its global standing. Advancing debates on alternative development programs, with a particular focus on social and political contexts, this book demonstrates that essentially, no model exists. Engaging in comparative studies, the contributors create a new set of benchmarks to evaluate the conventional wisdom that the Beijing Consensus challenges and that of the Beijing Consensus itself. Has China demonstrated that the best model is in fact no model at all? Overall, this title equips the reader with an understanding of the conclusions derived from China's experience in its legal and economic development in recent decades.

The current political economic system is misaligned for meeting the global imperatives of rapidly reducing greenhouse gases and sharing wealth more equitably. This book makes the case for a new environmentalism that implements a systems change approach to reorient the economy to be more sustainable, just, and democratic. This book addresses the laws and policies needed to support the emergence of a new economy across a variety of major areas - including energy, food, common pool resources, and the shifting of investments to capitalize locally-connected and mission-driven businesses. The contributors take the approach that these challenges are much broader than setting parameters around pollution, and indeed go to the heart of the dominant global political economy. The authors also explore the values needed to transform our current economic system into a new economy supportive of ecological integrity, social justice, and vibrant democracy. Law and Policy for a New Economy: Sustainable, Just, and Democratic will be of interest to academics and scholars of environmental law, climate change, environmental studies, political ecology and environmental economics.Contributors include: S.H. Baker, D. Bollier, M. James, K.B. Jones, C.I. Magallanes, J. Orsi, J. Purdy, L. Ristino, M.K. Scanlan, L. Sheehan, J.G. Speth, J. Taub, D.R.H. Winters, M.C. Wood

This book offers a critical reflection of the North-South regional trade agreements (RTAs), known as the Economic Partnership Agreements, negotiated between the EU and the African, Caribbean, and Pacific countries. Conceiving of regions as legal regimes, Clair Gammage highlights the challenges facing developing countries when negotiating RTAs with developed countries. North-South Regional Trade Agreements as Legal Regimes offers a rich analysis of the negotiations between the EU and the southern African regional group as well as a factual presentation of liberalisation under the final agreement. Interrogating the assumption that economic growth will lead to sustainable development, this book draws insights from the experience of the Caribbean countries as they implement their Economic Partnership Agreement to question the extent to which RTAs between developed and developing countries will and can promote development through trade. This unique book will appeal to academics and advanced students in international trade law and development law. Trade practitioners in government, the private sector and civil society, including those involved in policy making and challenging the policy making process will appreciate the author's lucid analysis of analysis of the law and the broader concept of promoting development through trade.

Economists advise that the law should seek efficiency. More recently, it has been suggested that common law systems are more conducive of economic growth than code-based civil law systems. This book argues that there is no theory to support such statements and provides evidence that rejects a'one-size-fits-all'approach. Both common law and civil law systems are reviewed to debunk the relationship between the efficiency of the common law hypothesis and the alleged inferiority of codified law systems. Legal Origins and the Efficiency Dilemma has six aims: explaining the efficiency hypothesis of the common law since Posner's 1973 book; summarizing the legal origins theory in the context of economic growth; debunking their relationship; discussing the meaning of'common law'and the problems with the efficiency hypothesis by comparing laws across English speaking jurisdictions; illustrating the shortcomings of the legal origins theory with a comparative law and economics analysis; and concluding there is no theory and evidence to support the economic superiority of common law systems. Based on previous pieces by the authors, this book expands their work by including new areas of analysis (such as trusts), detailing previous analysis (such as French law versus common law in the areas of contract, property and torts), and updating for recent developments in the academic discourse.This volume is of interest to academics and students who study microeconomics, comparative law and foundations of law, as well as legal policy analysts.