Download or read book Regional Developmentalism through Law written by Jonathan Bashi Rudahindwa and published by Routledge. This book was released on 2018-05-20 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Perspectives on the right to development written by Carol C Ngang and published by Pretoria University Law Press. This book was released on 2018-01-01 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last couple of decades has not only witnessed an increased convergence between human rights and development but also a significant shift towards rights-based approaches to development, including especially responsiveness to the fact that development in itself is a human right guaranteed to be enjoyed by all peoples. This edited volume of peer-reviewed papers constitutes the first product resulting from the annual international conference series on the right to development, organised by the Centre for Human Rights, University of Pretoria, and the Thabo Mbeki African Leadership Institute at the University of South Africa. It explores the complex nature of the right to development from a diversified perspective, including from a conceptual, thematic, country and regional points of view. Conceived with the purpose to overshadow dominant economic growth approaches to development, the perspectives on the right to development articulated in this publication seek to locate the developmentalist discourse within the framework of accountability and people-centred development programming, necessitating appropriate policy formulation to ensure the constant improvement in human well-being. The book is written with the aim to reach out to researchers, academics, practitioners and policy makers who desire an in-depth understanding of the right to development as it applies universally.
Download or read book Perspectives on the Right to Development written by and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last couple of decades has not only witnessed an increased convergence between human rights and development but also a significant shift towards rights-based approaches to development, including especially responsiveness to the fact that development in itself is a human right guaranteed to be enjoyed by all peoples. This edited volume of peer-reviewed papers constitutes the first product resulting from the annual international conference series on the right to development, organised by the Centre for Human Rights, University of Pretoria, and the Thabo Mbeki African Leadership Institute at the University of South Africa. It explores the complex nature of the right to development from a diversified perspective, including from a conceptual, thematic, country and regional points of view. Conceived with the purpose to overshadow dominant economic growth approaches to development, the perspectives on the right to development articulated in this publication seek to locate the developmentalist discourse within the framework of accountability and people-centred development programming, necessitating appropriate policy formulation to ensure the constant improvement in human well-being. The book is written with the aim to reach out to researchers, academics, practitioners and policy makers who desire an in-depth understanding of the right to development as it applies universally.
Download or read book Re Visiting the Resource Curse written by Sara Ghebremusse and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the case studies of Botswana, South Africa, and Zambia, this dissertation interrogates the applicability of the developmental state paradigm to mining developmentalism in Southern Africa. Since the advent of neoliberal Washington Consensus policies and the rise of the resource curse theory beginning in the 1980s, African states have been discouraged from pursuing interventionist policies in their mining sectors. Instead, through the methods of conditionality and transnational norm-creation, many African states were pressured to adopt good governance principles that limited their role, and the role for law, in expanding opportunities for mining-led development across the region. As growing consensus challenged the efficacy of neoliberal approaches to mining governance, all three case studies (along with other mining-dependent African countries) introduced measures that increased state intervention in mining. These initiatives fall under three general categories: enhancing local content and participation, developing cross-sectoral linkages, and broader resource nationalism. To investigate the potential conflict that arises between implementing these measures and adhering to good governance norms, this dissertation asks whether the developmental state paradigmpopularized by East Asian statesoffers an alternative framework to effectively govern mining-led development. This dissertation is rooted in critical law and development scholarship and seeks to expand disciplinary and methodological boundaries of the developmental state (or new developmental state) beyond its current focus on economic growth indicators. Moreover, this dissertation inherently relies on interdisciplinary scholarship to examine its research question, including literature from African studies, political science, development studies and economics. By using mining developmentalism in Southern Africa to interrogate orthodox law and development approaches to the developmental state, this dissertation concludes that a rights-based approach to conceptualizing the developmental stateand more specifically, the mining developmental statecould better account for the needs of local populations when states embrace this development model. Accordingly, this dissertation attempts to address these gaps in the mining developmental state framework by evaluating recent state practice in Botswana, South Africa and Zambia, and considering the deleterious effects of extractivism in each country and the ways in which they could be ameliorated using a rights-based approach.
Download or read book The Oxford Handbook of Comparative Regionalism written by Tanja A. Börzel and published by Oxford University Press. This book was released on 2016 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Comparative Regionalism - the first of its kind - offers a systematic and wide-ranging survey of the scholarship on regionalism, regionalization, and regional governance. Unpacking the major debates, leading authors of the field synthesize the state of the art, provide a guide to the comparative study of regionalism, and identify future avenues of research. Twenty-seven chapters review the theoretical and empirical scholarship with regard to the emergence of regionalism, the institutional design of regional organizations and issue-specific governance, as well as the effects of regionalism and its relationship with processes of regionalization. The authors explore theories of cooperation, integration, and diffusion explaining the rise and the different forms of regionalism. The handbook also discusses the state of the art on the world regions: North America, Latin America, Europe, Eurasia, Asia, North Africa and the Middle East, and Sub-Saharan Africa. Various chapters survey the literature on regional governance in major issue areas such as security and peace, trade and finance, environment, migration, social and gender policies, as well as democracy and human rights. Finally, the handbook engages in cross-regional comparisons with regard to institutional design, dispute settlement, identities and communities, legitimacy and democracy, as well as inter- and transregionalism.
Download or read book Development Dual Citizenship and Its Discontents in Africa written by Robtel Neajai Pailey and published by Cambridge University Press. This book was released on 2021-01-07 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on rich oral histories, this is an engaging study of citizenship construction and practice in Liberia, Africa's first black republic.
Download or read book Law and the New Developmental State written by David M. Trubek and published by Cambridge University Press. This book was released on 2013-05-31 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Protection and Sustainability of Chinese Investments in Africa written by Xiuli Han and published by Springer Nature. This book was released on 2022-08-26 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to illustrate the whole picture of international investment rule of law between China and African countries and find the way forward through combining theory and practice. It is a book by a Chinese professor based on her long-term research experience in the international investment law field and her African field work in person. Its main feature is its well-balanced thinking on the structure of investment international rule of law. It should be the most comprehensive research on the international investment rule of law between China and African countries. With the increase of Chinese investment in Africa, various discussions and viewpoints on Chinese investment in Africa have become striking. The purpose of this book is to explore systematically the protection and sustainability of Chinese investment under the concept and framework of the international investment rule of law, so as to serve the sustainable development of Africa and China. For the purpose of this book, great importance is attached to the idea of the international rule of law, and the international investment law with the function of rule of law is adhered to. The conclusion of this book is that China should take proactive steps to protect Chinese investment in Africa and regulate Chinese overseas investors and their investments in addition to complying with the laws in the host states and thus make them conductive to African and Chinese sustainable development; however, the most significant issue is that China-Africa investment relations should be regulated by the evolving and specific international investment rule of law, and the China-Africa international investment rule of law should conform to normative in form, support common sustainable development in value, and reflect the social reality of China and Africa. For both researchers and students, it is an approach to understand international investment rule of law from a perspective of China and Africa. For those who are interested in China and Africa, it is a useful reference book.
Download or read book Decadent Developmentalism written by Matthew M. Taylor and published by Cambridge University Press. This book was released on 2020-11-12 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complementarities between political and economic institutions have kept Brazil in a low-level economic equilibrium since 1985.
Download or read book The Emergent African Union Law written by Olufemi Amao and published by Oxford University Press. This book was released on 2021-10-07 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a groundbreaking study of the emergence of a unique African Union legal system, with contributions from a diverse collection of scholars and practitioners. It highlights how law stands at the heart of the successful regional integration effort in Africa and explores, among either issues, the extent to which African Union law is having an impact on domestic laws. This trend has been particularly noticeable in the area of human rights, the rule of law, democratic principles, and aspects of constitutional law. Furthermore, the book examines how the African Union is engendering new norms from its legal order, such as the non-indifference norm, the norm on unconstitutional change of government, free trade, free movement of people, economic regulation, and democratic constitutionalism. The book also analyses how the African Union legal order has led to the emergence of a continental-level judicial system. The quasi-judicial system put in place under the African Charter on Human and Peoples' Rights, and administered by the African Commission on Human and Peoples' Rights, is now complemented by the African Court on Human and Peoples' Rights. This book contends that the continental-level judicial system is playing a crucial role in the moulding of emergent norms.
Download or read book Developmental Regionalism and Economic Transformation in Southern Africa written by Said Adejumobi and published by Taylor & Francis. This book was released on 2020-09-01 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interrogating the notion of developmental regionalism as applies to Southern Africa, this volume explores the policy options and interventions necessary to ensure a peaceful and stable regional development process. With a focus on the Southern African Development Community (SADC), the contributions explore how regional institutions such as this can be drivers of developmental regionalism. Institutional architecture, along with key policy priorities, and implementation strategies in areas such as trade, industry, agriculture, private sector development and conflict management are analysed, and the ramifications of regional interventions for peace building and regional security in post-conflict Southern African countries are explored. Drawing on this analysis the book proffers key policy options and strategies for how developmental regionalism can be both consummated and sustained, ultimately driving economic transformation. Illustrating to policymakers, scholars and development practitioners how regional institutions can be engines or facilitators of regional development, the book will be of interest to researchers in a broad range of areas including development studies, public policy and African studies.
Download or read book Theory of Obligations in International Law written by Cezary Mik and published by Taylor & Francis. This book was released on 2024-05-07 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
Download or read book Law and Development in Africa Towards a New Approach written by Mashood A. Baderin and published by . This book was released on with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Theory on Africanizing International Law written by Micha Wiebusch and published by Pretoria University Law Press. This book was released on 2024-07-01 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the publication Key reference work for diplomats and legal experts participating in international legal negotiations and transnational policy debates on governing the African continent. Highly recommended for developing courses, reading lists and other teaching materials on African International Law and African International Relations. Instrumental for developing innovative and impact-oriented research and policy strategies on the politics of making and implementing African International Law. What is African about African international law? The main aim of this book is to answer this question by developing a theory to explain how and why international law is Africanized. This includes explaining how Africanization relates both to the extent of continental norm setting by the Organization of African Unity and later the African Union, as the principal agent responsible for ‘African solutions to African problems’, and to the degree to which this African International Organization enforces these norms through varied continental accountability mechanisms. In this specific context, the book considers the different modalities through which the idea of Africa shapes, is shaped by and is embedded in international law making and implementation.
Download or read book Trade Migration and Law written by Victor T. Amadi and published by Routledge. This book was released on 2022-03-24 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how law and policy makers within the Southern African Development Community regional structure might reform the legal and regulatory frameworks to best capitalise the benefits of the movement of people, drawing lessons from other experienced jurisdictions by critically engaging with the regulatory efforts and approaches in regions such as the European Union, the Economic Community of West African States, and the East African Community to propose a revised approach to migration governance and practice in the SADC. Deeper regional integration allows citizens to move freely across national boundaries, and services are a rising component of global trade and investment. However, global trade in services is stifled by barriers at and behind the border. These barriers make it difficult for service providers from developing regions to access key markets in their preferred modes of service trade. Against this background, this book aims to take the discussion on furthering regional integration and trade through the movement of people by tackling issues on stringent immigration policies, arguing that having a vibrant and rewarding trade in services will require an approach towards the unrestricted movement of persons.
Download or read book African Socialism in Postcolonial Tanzania written by Priya Lal and published by Cambridge University Press. This book was released on 2015-12 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a wide range of oral and written sources, this book tells the story of Tanzania's socialist experiment: the ujamaa villagization initiative of 1967-75. Inaugurated shortly after independence, ujamaa ('familyhood' in Swahili) both invoked established socialist themes and departed from the existing global repertoire of development policy, seeking to reorganize the Tanzanian countryside into communal villages to achieve national development. Priya Lal investigates how Tanzanian leaders and rural people creatively envisioned ujamaa and documents how villagization unfolded on the ground, without affixing the project to a trajectory of inevitable failure. By forging an empirically rich and conceptually nuanced account of ujamaa, African Socialism in Postcolonial Tanzania restores a sense of possibility and process to the early years of African independence, refines prevailing theories of nation building and development, and expands our understanding of the 1960s and 70s world.
Download or read book The Far Right in International and European Law written by Natalie Alkiviadou and published by Routledge. This book was released on 2019-04-18 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Second World War, the international community has sought to prevent the repetition of destructive far-right forces by establishing institutions such as the United Nations and by adopting documents such as the Universal Declaration of Human Rights. Jurisprudence and conventions directly prohibit far-right speech and expression. Nevertheless, recently, violent far-right entities, such as Golden Dawn of Greece, have received unprecedented electoral support, xenophobic parties have done spectacularly well in elections; and countries such as Hungary and Poland are being led by right-wing populists who are bringing constitutional upheaval and violating basic elements of doctrines such as the rule of law. In light of this current reality, this book critically assesses the international and European tools available for States to regulate the far-right. It conducts the analysis through a militant democracy lens. This doctrine has been considered in several arenas as a concept more generally; in the sphere of the European Convention on Human Rights; in relation to particular freedoms, such as that of association; and as a tool for challenging the far-right movement through the spectrum of political science. However, this doctrine has not yet been applied within a legal assessment of challenging the far-right as a single entity. After analysing the aims, objectives, scope and possibility of shortcomings in international and European law, the book looks at what state obligations arise from these laws. It then assesses how freedom of opinion and expression, freedom of association and freedom of assembly are provided for in international and European law and explores what limitation grounds exist which are directly relevant to the regulation of the far-right. The issue of the far-right is a pressing one on the agenda of politicians, academics, civil society and other groups in Europe and beyond. As such, this book will appeal to those with an interest in International, European or Human rights Law and political science.
