The New Law and Economic Development

Author: David M. Trubek
Publisher: Cambridge University Press
ISBN: 9781139458665
Release Date: 2006-08-21
Genre: Law

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

Author: David M. Trubek
Publisher: Cambridge University Press
ISBN: 9781107355385
Release Date: 2013-05-31
Genre: Law

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.

Law and Development and the Global Discourses of Legal Transfers

Author: John Gillespie
Publisher: Cambridge University Press
ISBN: 9781107018938
Release Date: 2012-06-28
Genre: Law

Leading scholars provide a fresh theoretical look at the reasons why many legal development projects fail and explore in rich empirical detail how different societies interpret global legal reforms and the implications of this for development aid.

The Many Concepts of Social Justice in European Private Law

Author: H. W. Micklitz
Publisher: Edward Elgar Publishing
ISBN: 9780857935892
Release Date: 2011-11-01
Genre: Law

'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.

Why Nations Fail

Author: Daron Acemoglu
Publisher: Profile Books
ISBN: 9781847654618
Release Date: 2012-03-08
Genre: Business & Economics

Shortlisted for the Financial Times and Goldman Sachs Business Book of the Year Award 2012. Why are some nations more prosperous than others? Why Nations Fail sets out to answer this question, with a compelling and elegantly argued new theory: that it is not down to climate, geography or culture, but because of institutions. Drawing on an extraordinary range of contemporary and historical examples, from ancient Rome through the Tudors to modern-day China, leading academics Daron Acemoglu and James A. Robinson show that to invest and prosper, people need to know that if they work hard, they can make money and actually keep it - and this means sound institutions that allow virtuous circles of innovation, expansion and peace. Based on fifteen years of research, and answering the competing arguments of authors ranging from Max Weber to Jeffrey Sachs and Jared Diamond, Acemoglu and Robinson step boldly into the territory of Francis Fukuyama and Ian Morris. They blend economics, politics, history and current affairs to provide a new, powerful and persuasive way of understanding wealth and poverty.

The New Political Economy of Urban Education

Author: Pauline Lipman
Publisher: Routledge
ISBN: 9781136759994
Release Date: 2013-05-13
Genre: Education

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.

The Struggle for Constitutional Power

Author: Tamir Moustafa
Publisher: Cambridge University Press
ISBN: 9781139465113
Release Date: 2007-06-11
Genre: Law

For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits? This book addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world. The Egyptian regime established a surprisingly independent constitutional court to address a series of economic and administrative pathologies that lie at the heart of authoritarian political systems. Although the Court helped the regime to institutionalize state functions and attract investment, it simultaneously opened new avenues through which rights advocates and opposition parties could challenge the regime. The book challenges conventional wisdom and provides insights into perennial questions concerning the barriers to institutional development, economic growth, and democracy in the developing world.

International Competition for Resources

Author: C. P. Andrews-Speed
Publisher:
ISBN: 1845860462
Release Date: 2008
Genre: Energy industries

April 2008 saw the publication of International Competition for Resources: the Role of Law, the State and of Markets, an edited compilation of papers written for the 30th anniversary of the Centre for Energy, Petroleum and Mineral Law and Policy.

Precautionary Principle

Author: Indur M. Goklany
Publisher: Cato Institute
ISBN: 9781933995854
Release Date: 2001-10-25
Genre: Political Science

The "precautionary principle" -- the environmental version of the admonition first, do no harm -- is now enshrined in numerous international environmental agreements including treaties addressing global warming, biological diversity, and various pollutants. Some environmentalists have invoked this principle to justify policies to control, if not ban, any technology that cannot be proven to cause no harm. In this innovative book, Goklany shows that the current use of the precautionary principle to justify such policies is flawed and could be counterproductive because it ignores the possible calamities those very policies might simultaneously create or prolong. The precautionary principle, unfortunately, does not provide any method of resolving such dilemmas, which are commonplace in the field of environmental policy. To address that problem, Goklany develops a framework consistent with the precautionary principle to resolve such dilemmas. That framework ranks potential threats to the environment on the basis of their nature, magnitude, immediacy, uncertainty, persistence, and the extent to which they can be alleviated. Applying that framework to three contentious environmental policy issues facing humanity and the globe -- DDT, bioengineered crops, and global warming -- Goklany shows that some popular policy prescriptions, despite good intentions, are in fact likely to do more harm than good.

China s Socialist Rule of Law Reforms Under Xi Jinping

Author: John Garrick
Publisher: Routledge
ISBN: 9781317354161
Release Date: 2016-01-29
Genre: Social Science

Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.

Law and Development of Middle Income Countries

Author: Randall Peerenboom
Publisher: Cambridge University Press
ISBN: 9781107655270
Release Date: 2014-02-10
Genre: Law

In 1960, there were 101 middle-income countries. By 2008, only thirteen of these had become high-income countries. Why do so many middle-income countries fail to develop after a promising start, becoming mired in the so-called middle-income trap? This interdisciplinary volume addresses the special challenges that middle-income countries confront from both a theoretical and a practical perspective. It is the first volume that addresses law and development issues in middle-income countries from the perspective of political, administrative and legal institutions and policies. The goal is to provide international development agencies and domestic policy makers with feasible recommendations to address the wide range of technically, politically and socially complex issues that middle-income countries face.

Doughnut Economics

Author: Kate Raworth
Publisher: Chelsea Green Publishing
ISBN: 9781603586757
Release Date: 2017-02-23
Genre: Business & Economics

A Financial Times "Best Book of 2017: Economics” 800-CEO-Read “Best Business Book of 2017: Current Events & Public Affairs” Economics is the mother tongue of public policy. It dominates our decision-making for the future, guides multi-billion-dollar investments, and shapes our responses to climate change, inequality, and other environmental and social challenges that define our times. Pity then, or more like disaster, that its fundamental ideas are centuries out of date yet are still taught in college courses worldwide and still used to address critical issues in government and business alike. That’s why it is time, says renegade economist Kate Raworth, to revise our economic thinking for the 21st century. In Doughnut Economics, she sets out seven key ways to fundamentally reframe our understanding of what economics is and does. Along the way, she points out how we can break our addiction to growth; redesign money, finance, and business to be in service to people; and create economies that are regenerative and distributive by design. Named after the now-iconic “doughnut” image that Raworth first drew to depict a sweet spot of human prosperity (an image that appealed to the Occupy Movement, the United Nations, eco-activists, and business leaders alike), Doughnut Economics offers a radically new compass for guiding global development, government policy, and corporate strategy, and sets new standards for what economic success looks like. Raworth handpicks the best emergent ideas—from ecological, behavioral, feminist, and institutional economics to complexity thinking and Earth-systems science—to address this question: How can we turn economies that need to grow, whether or not they make us thrive, into economies that make us thrive, whether or not they grow? Simple, playful, and eloquent, Doughnut Economics offers game-changing analysis and inspiration for a new generation of economic thinkers.

Stones of Hope

Author: Lucie White
Publisher: Stanford Univ Pr
ISBN: STANFORD:36105215192621
Release Date: 2010-10-25
Genre: Political Science

Stones of Hope shows how African human rights activists have opened new possibilities for justice in the everyday lives of the world's most impoverished peoples.

Constitutionalizing Economic Globalization

Author: David Schneiderman
Publisher: Cambridge University Press
ISBN: 9781139470094
Release Date: 2008-03-27
Genre: Law

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.

Critical Appraisal of Epidemiological Studies and Clinical Trials

Author: Mark Elwood
Publisher: Oxford University Press
ISBN: 9780199682898
Release Date: 2017-03-02
Genre:

Since publication of the first three editions of this hugely successful book, systematic methods of critical appraisal have been accepted as central to healthcare provision, both in critical applications and in a wider health services and community perspective. This new edition builds on thework of the previous editions by presenting a fully updated and accessible system of critical appraisal applicable to clinical, epidemiological, and public health studies, and related fields.The book outlines the systematic review process for the establishment of causal effect within single and multiple studies. Focusing primarily on study design, it covers randomized and non-randomized trials, cohort studies, case-control studies, and surveys, showing the presentation of resultsincluding person-time and survival analysis, and issues in the selection of subjects. It then describes the process of detection and assessment of selection biases, observation bias, confounding, chance variation, and how to determine internal validity and external validity (generalizability).Statistical methods are presented in an accessible way, illustrating applications to each study design. Positive features of causation including strength, dose-response, and consistency are also discussed. The final chapters provide six examples of critical appraisals of major studies, encompassing randomized trials, prospective and retrospective cohort studies, and case-control studies. Statistical issues are explained clearly without complex mathematics, and the most useful methods are summarized inthe appendix, each with a worked example. Each main chapter includes self-test questions, with answers provided, making the book ideally suited to readers with no prior epidemiological or statistical knowledge.Developed over four editions, Critical Appraisal of Epidemiological Studies and Clinical Trials is an invaluable aid to the effective assessment of new studies in epidemiology, public health, research methods, evidence-based methods, clinical medicine, and environmental health; making it essentialreading for postgraduates, practitioners, and policymakers in these fields.