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International Economic Law, Globalization and Developing Countries
This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.
Comprehensive Legal and Judicial Development
Africa (OHADA), Seydou Ba.
Decolonising International Law
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.
Governance through Development
Governance through Development locates the Poverty Reduction Strategy Paper (PRSP) framework within the broader context of international law and global governance, exploring its impact on third world state engagement with the global political economy and the international regulatory norms and institutions which support it. The PRSP framework has replaced the controversial structural adjustment programmes, as the primary mechanism through which official development financing is channelled to low-income developing countries. It has changed the regulatory landscape of international development financing, signalling a wider paradigmatic shift in the cartography of aid and, consequently, in the n...
Law in the Pursuit of Development
Law in the Pursuit of Development critically explores the relationships between contemporary principles and practice in law and development. Including papers by internationally renowned, as well as emerging, scholars and practitioners, the book is organized around the three liberal principles which underlie current efforts to direct law towards the pursuit of development. First, that the private sector has an important role to play in promoting the public interest; second, that widespread participation and accountability are essential to any large scale enterprise; and third, that the rule of law is a fundamental building block of development. This insightful and provocative collection, in which contributors critique both the principles and efforts to implement them in practice, will be of considerable interest to students, academics and practitioners with an interest in the fields of law and development, international economic law, and law and globalization.
Progressive Corporate Governance for the 21st Century
Progressive Corporate Governance for the 21st Century is a wide ranging and ambitious study of why corporate governance is the shape that it is, and how it can be better. The book sets out the emergence of shareholder primacy orientated corporate governance using a study of historical developments in the United Kingdom and the United States. Talbot sees shareholder primacy as a political choice made by governments, not a ‘natural’ feature of the inevitable market. She describes the periods of progressive corporate governance which governments promoted in the middle of the 20th century using a close examination of the theories of the company which then prevailed. She critically examines t...
Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
This is an open access book.Changes in law either from the meaning of normative substance, institutional, and legal culture are inevitably in line with the dynamics within various sectors of life society. Therefore, it is necessary to thoroughly discuss and analyze which sectors may have a significant impact on the business world and society today. By discussing comprehensively, comparatively and collaboratively, it is hoped that legal issues can be seen from various perspectives in the legal and social fields by finding fundamental problems in depth related to several topics of discussion, including in the telematics legal sector, natural resource management law, business legal culture, as ...
Sugar and the Making of International Trade Law
Michael Fakhri uses the transnational history of sugar to tell the multilateral institutional history of trade law.
Peace and Justice
In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework ...
