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.
1. Introduction Amanda Perry-Kessaris 2. Political Consumption: Possibilities and Challenges Sally Wheeler 3. Engendering Responsibility in Global Markets: Valuing the Women of Kenya's Agricultural Sector Ann Stewart 4. Access to Medicines Versus Protection of ‘Investments’ in Intellectual Property: Reconciliation through Interpretation? Valentina Sara Vadi 5. Development, Cultural Self-Determination and the World Trade Organization Fiona Macmillan 6. Liberalisation and Environmental legislation in India Kanchi Kohli and Manju Menon 7. Accountability Mechanisms of Multilateral Development Banks: Powers, Complications, Enhancements Suresh Nanwani 8. Community Participation in Biodiversity Conservation: Emerging Localities of Tension Andreas Kotsakis 9. Stock Exchanges in East Africa: Something Borrowed, Something New? June McLaughlin 10. Rule of Law Assistance Discourse and Practice: Japanese Inflections Veronica Taylor 11. Rule of Law or Washington Consensus: The Evolution of the World Bank’s Approach to Legal and Judicial Reform Julio Faundez 12. With Friends Like These: Can Multilateral Development Banks Promote Institutional Development to Strengthen the Rule of Law? Linn Hammergren 13. World Bank Rule of Law Assistance in Fragile States: The End of the Beginning or the Beginning of the End? Klaus Decker 14. Assessing the Socio-Cultural Viability of Rule of Law Policies in Post-Conflict Societies: Culture Clash Dzenan Sahovic 15. Land and Power in Afghanistan: In Pursuit of Law and Justice? Patrick McAuslan
During the past two decades, a substantial transformation of law and legal institutions in developing and transition countries has taken place. Whether prompted by the policy prescriptions of the so-called Washington consensus, the wave of democratization, the international human rights movement or the emergence of new social movements, no area of law has been left untouched. This massive transformation is attracting the attention of legal scholars, as well as scholars from other disciplines, such as politics, economics, sociology, anthropology and history. This diversity is valuable because it promotes cross-disciplinary dialogue and cooperation. It is also important because today the study of law cannot ignore the process of globalization, which is multifaceted and thus calls for inter-disciplinary skills and perspectives. Indeed, as globalization deepens, legal institutions at the national level are influenced and shaped by rules, practices and ideas drawn, imposed or borrowed from abroad.