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The Law of Development Cooperation
Development interventions are agreed by states and international organisations which administer public development funds of huge proportions. They have done so with debatable success, but, unlike the good governance of recipients, the rules applying to donors have hitherto received little scrutiny. This analysis of the normative structures and conceptual riddles of development co-operation argues that development co-operation is increasingly structured by legal rules and is therefore no longer merely a matter of politics, economics or ethics. By focusing on the rules of development co-operation, it puts forward a new perspective on the institutional law dealing with the process, instruments and organisation of this co-operation. Placing the law in its theoretical and political context, it provides the first comparative study on the laws of foreign aid as a central field of global public policy and asks how accountability, autonomy and human rights can be preserved while combating poverty.
The Global South and Comparative Constitutional Law
Although the Global South represents 'most of the world' in terms of constitutions and population, it is underrepresented in comparative constitutional discourse. This book fills the gap in this scholarship by tackling the most important aspects of comparative law from the Southern perspective.
The Battle for International Law
This volume provides the first comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process. It is during this era, couched between classic European imperialism and a new form of US-led Western hegemony, that fundamental legal debates took place over a new international legal order for a decolonised world. The book argues that this era presents in essence a battle, a battle that was fought out in particular over the premises and principles of international law by diplomats, lawyers, and scholars. In a moment of relative weakness of European powers, 'newly independent states' and international lawyers from the South fundamentally cha...
Democratic Constitutionalism in India and the European Union
Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.
The Unity of the European Constitution
This book collects the contributions to a conference of a group of young Polish and German public law scholars on the Constitutional Law of the European Union. The articles present a multi-faceted examination of unity and its realization in the primary and constitutional law of the EU, an analysis of EU constitutional structure in the face of diversity, and the independence of EU law from international common law, among other topics.
The Exercise of Public Authority by International Institutions
The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law...
International Development Organizations and Fragile States
This book addresses a conundrum for the international development community: The law of development cooperation poses major constraints on delivering aid where it is needed most. The existence of a state with an effective government is a basic condition for the transfer of aid, making development cooperation with ‘fragile’ nations particularly challenging. The author explores how international organizations like the World Bank have responded by adopting formal and informal rules to engage specifically with countries with weak or no governments. Von Engelhardt provides a critical analysis of the discourse on fragile states and how it has shaped the policy decision-making of international organizations. By demonstrating how perceptions of fragility can have significant consequences both in practice and in law, the work challenges conventional research that dismisses state fragility as a phenomenon beyond law. It also argues that the legal parameters for effective global policy play a crucial role, and offers a fresh approach to a topic that is central to international security and development.
Constitutional Evolution in Central and Eastern Europe
This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization...
Encyclopedia of Law and Development
This comprehensive Encyclopedia is an indispensable resource in the area of law and development. Bringing together more than 80 entries, the Encyclopedia spans a variety of approaches, contextualised histories, recent developments and forward-looking insights into the role of law in development. It is an invaluable reference point for scholars seeking to engage with issues at the intersection of law and development from both within and outside of the legal field, as well as a thorough but succinct overview for post-graduate students.
