The book examines the well-established field of ‘law and development’ and asks whether the concept of development and discourses on law and development have outlived their usefulness.
The contributors ask whether instead of these amorphous and contested concepts we should focus upon social injustices such as patriarchy, impoverishment, human rights violations, the exploitation of indigenous peoples, and global heating? If we abandoned the idea of development, would we end up adopting another, equally problematic term to replace a concept which, for all its flaws, serves as a commonly understood shorthand? The contributors analyse the links between conventional academic approaches to law and development, neoliberal governance and activism through historical and contemporary case studies.
The book will be of interest to students and scholars of development, international law, international economic law, governance and politics and international relations.
Part One: Rethinking Development and Social Justice;
1 Beyond Law and Development?;
SAM ADELMAN AND ABDUL PALIWALA;
2 Ameliorating Human Futures through Class Divided Postdevelopment?;
3 Beyond Development: Towards Sustainability and Climate Justice in the Anthropocene;
4 In Search of Nothing: ‘Unseen Empires’ and the Law Beyond Development;
5 Southern Voices: Extending a Project;
WILLIAM TWINING AND ABDUL PALIWALA;
6 Practice Teaches Paradigm: Reflections on Radical and Liberal Law Perspectives;
Part Two: International Law, Economic Governance and Global Justice;
7 Between Bandung and Doha: International Economic Law and Developing Countries;
8 International Law and Development: From ‘Company Raj’ to Global Governance via Indirect Rule;
9 Academia, Activism and the New Global Governance;
10 Multiple Enclosures through Land Concessions: Water, Fiscal Resources and Police Power;
11 Community Development Agreements and the State’s Extractive Strategy in Mongolia: Participatory Governance or Governance Participation?;
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.