Download or read book Law and Development and the Global Discourses of Legal Transfers written by John Stanley Gillespie and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays contributes to the understanding of global law reform by questioning the assumption in law and development theory that laws fail to transfer because of shortcomings in project design and implementation. It brings together leading scholars who demonstrate that a synthesis of law and development, comparative law and regulatory perspectives (disciplines which to date have remained intellectually isolated from each other) can produce a more nuanced understanding about development failures. Arguing for a refocusing of the analysis onto the social demand for legal transfers, and drawing on empirically rich case studies, contributors explore what recipients in developing countries think about global legal reforms. This analytical focus generates insights into how key actors in developing countries understand global law reforms and how to better predict how legal reforms are likely to play out in recipient countries.
Download or read book Law and Development and the Global Discourses of Legal Transfers written by John Gillespie and published by Cambridge University Press. This book was released on 2012-06-28 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Interpreting Legal Transfers written by Penelope Nicholson and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over recent years, the global diffusion of legal and regulatory regimes has dramatically increased. Much of the increase is the direct result of initiatives funded in the name of 'law and development'. The world over, domestic legislation and regulatory reforms borrow heavily from international and foreign legal systems, and legal transfers have become the main inspiration for change. And yet after decades (if not centuries, if the colonial projects are included) of law reform projects, there is mixed evidence that legal transfers induce recipients to change in the ways envisaged by legal donors. Much has been written about the failures of law reform by law and development, comparative law and regulatory perspectives. This chapter is the introduction to an edited book titled 'Law and Development and the Global Discourses of Legal Transfers', to be published by Cambridge University Press in 2012. The book is significant because it brings together leading scholars from different disciplinary backgrounds to assess the strengths and weaknesses of these different disciplinary approaches. It aims to demonstrate how a synthesis of law and development, regulatory theory and legal transplantation theory - disciplines which have, to date, remained intellectually isolated from each other - can produce a more nuanced understanding about the types of legal transfers that are most likely to succeed.
Download or read book Dilemmas of Intellectual Property Discourse in Sri Lanka written by Asanka Perera and published by Springer Nature. This book was released on with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Legal Reform in the Contemporary Socialist World written by Ngoc Son Bui and published by Oxford University Press. This book was released on 2024-08-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Reform in the Contemporary Socialist World explores four decades of legal reform in the socialist countries of China, Vietnam, Laos, North Korea, and Cuba from a comparative perspective. Spanning the late 1970s to the present, it examines various projects, methods, strategies, contents, driving forces, and limitations of legislative reform, administrative reform, judicial reform, and reform of the legal profession. Legal reform in these countries is the project of the political elite to improve the legal system while retaining its core socialist principles. It is carried out through legislative enactments, amendments, and replacements, which the political elite adopt using incremental strategies to reform the legal system sporadically or systematically. Socialist legal reform is animated by the political aspiration to create the rule of law, the impact of social-economic change, and the influence of transnational and comparative law. Despite significant reforms, the socialist principles of the legal systems in these countries largely remain intact. This legal reform, however, varies considerably by country. Legal Reform in the Contemporary Socialist World offers a holistic view of understudied jurisdictions in comparative law, essential for anyone studying or working in these areas in law, politics, or policy.
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press. This book was released on 2020-06-01 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
Download or read book The Indian Yearbook of Comparative Law 2018 written by Mahendra Pal Singh and published by Springer. This book was released on 2019-07-10 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.
Download or read book Socialist Law in Socialist East Asia written by Hualing Fu and published by Cambridge University Press. This book was released on 2018-07-05 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.
Download or read book Order from Transfer written by Günter Frankenberg and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.
Download or read book Ombuds Institutions Good Governance and the International Human Rights System written by Linda C. Reif and published by BRILL. This book was released on 2020-07-27 with total page 826 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs).
Download or read book Routledge Handbook of the Rule of Law written by Michael Sevel and published by Taylor & Francis. This book was released on 2024-10-24 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook provides a state-of-the-art survey of the study of the rule of law across law, the humanities, and social sciences, as well as insights into the practice of building the rule of law within and among states. Its 28 chapters are by many of the world’s leading scholars of the rule of law, as well as distinguished junior scholars, from a dozen countries and representing a number of academic disciplines. The chapters are ordered to progress, first, from theory to the practice of the rule of law and, second, from the rule of law within, to beyond, the state. They divide into three parts. The first part examines the concept, history, and value of the rule of law. This section considers the importance of political and intellectual history in shaping the concept over the centuries and takes novel philosophical approaches to the connection between the rule of law and other important ideals such as justice, equality, and civil disobedience. The second part transitions from theoretical studies to accounts of practical exercises in building the rule of law. The chapters consider the challenges of rule of law reform, including the use of local intermediaries facilitating interactions between international legal aid organizations and state governments, the challenges of legal translation across vastly different societies, the pathways of knowledge among the powerless about the protective potential of the rule of law, as well as the possible future for artificial intelligence systems in helping to reinforce rule-of-law principles. The third part examines the rule of law from a number of perspectives within particular supranational and national states, such as the European Union, China, Singapore, and South Africa, among others, and concludes by considering the prospects of the rule of law beyond the state, both within and among international institutions such as the United Nations, as well as non-territorial spaces like the world’s oceans. This Handbook is aimed at rule of law scholars across law, the humanities, and the social sciences, law and development practitioners, policymakers, and advanced students and researchers who seek a state-of-the-art overview of the history, theory, and practice of the rule of law.
Download or read book Norms Storytelling and International Institutions in China written by Xiaoyu Lu and published by Springer Nature. This book was released on 2021-02-15 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a political ethnography of norm diffusion and storytelling through international institutions in China. It is driven by intellectual puzzles and realpolitik questions: are we converging or diverging on values? Do emerging powers reinforce or reshape the existing international order? Are international institutions socialising emerging powers or being used to promote alternative norms? This book addresses these questions through fieldwork research over three years at the United Nations Development Programme in China, the first international development agency to enter post-reform China in 1979. It provides a crucial case to study the everyday practices of norm diffusion in emerging powers, and highlights the central role of storytelling in translating and contesting normative scripts. The book selects norms in human rights, rule of law and development cooperation to analyse how translators and brokers innovatively use stories to advocate, and how these normative stories move back-and-forth between local-global spaces and orders. "A fascinating ethnography that tells us much about international institutions and China's changing role in the world: of interest both to China specialists and theorists of international relations." —Rana Mitter, Director of the University of Oxford China Centre, University of Oxford, UK “Through pioneering ethnographic research, Xiaoyu Lu’s outstanding book makes a major contribution to our understanding of norm diffusion and the ways in which China is shaping, and is shaped by, international development norms. Lu’s richly textured analysis shows how ‘norm translators’ use case studies, personal stories, and other narratives to negotiate between global and local normative orders, and to facilitate the day-to-day processes of norm diffusion." —Amy King, Associate Professor, Strategic and Defence Studies Centre, Australian National University, Australia "An intricate account of the everyday politics in international development institution, that will enrich our understanding of emerging powers and their roles in global development.” —Emma Mawdsley, Director of the Margaret Anstee Centre for Global Studies, University of Cambridge, UK
Download or read book Asian Yearbook of International Law Volume 18 2012 written by Kevin YL Tan and published by BRILL. This book was released on 2019-07-01 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold. First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies.
Download or read book The Business of Transition written by Melissa Crouch and published by Cambridge University Press. This book was released on 2017-10-26 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary volume offers a timely reflection on law, development and economics through empirical and comparative perspectives on contemporary Myanmar. The book explores the business that takes place in times of major political change through law and development initiatives and foreign investment. The expert contributors to this volume identify the ways in which law reform creates new markets, embodies hopes of social transformation and is animated by economic gain. This book is an invitation to think carefully and critically about the intersection between law, development and economics in times of political transition. The chapters speak to a range of common issues - land rights, access to finance, economic development, the role of law including its potential and its limits, and the intersection between local actors, globalised ideas and the international community. This interdisciplinary book is for students, scholars and practitioners of law and development, Asian studies, political science and international relations.
Download or read book Law and Crisis in the Third World written by Sammy Adelman and published by Hans Zell Publishers. This book was released on 1993 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intractable problems which burden many developing regions-- poverty, debt, human rights violations--illustrate the failure of Western modernization programs. These spurred a new wave of scholarship on the nature & concept of law & development during the 1980s. Theories such as the New International Division of Labour provided fresh impetus for the discipline as did burgeoning research in women's studies & the environmental crisis necessitated additional approaches. This new collection of essays addresses the former & future role of law in these areas. Written by leading legal scholars, proponents stress the continued relevance & vitality of law in the development process. (AFRICAN DISCOURSE SERIES, 4)
Download or read book Advanced Introduction to Law and Development written by Mariana M. Prado and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised and updated second edition, Mariana Mota Prado and Michael J. Trebilcock offer a succinct and readable introduction to the main concepts and debates in the field of law and development. They examine the role of legal systems and institutions, investigate perceptions around what laws and legal arrangements encourage and facilitate development, and probe the issues arising in both private law and public law as well as in international economic relations. Written with the insight of two top experts in the field, this Advanced Introduction covers the most recent trends in law and development research and highlights areas that remain underexplored.
