Article Frontmatter was published on January 1, 2021 in the journal Law and Development Review (volume 14, issue 1).

Article Perverse Development from Short-lived Liberalization to Authoritarianism in Russia: Law as a Tool for the Authorities’ Interests was published on January 1, 2021 in the journal Law and Development Review (volume 14, issue 1).

Article A Land of Milk and Butter: How Elites Created the Modern Danish Dairy Industry was published on January 1, 2021 in the journal Law and Development Review (volume 14, issue 1).

Religion, law and development intersect in a number of ways. Almost one-third of the world’s Muslim population resides in Africa. With a focus on Africa and taking into account Africa’s triple heritage as envisioned by A. Mazrui, a product resulting from three major influences: an indigenous heritage borne out of time and climate change; the heritage of Eurocentric capitalism forced on Africans by

The current coronavirus disease 2019 (COVID-19) pandemic is impacting on food systems and has exposed the poor state of food security and lack of food system infrastructures. Consequently, sub-Saharan Africa countries face the compounded risk of COVID-19 and hunger. The syndemic will pose serious challenges for achieving food security imperatives of the Sustainable Development Goals (SDGs) by 2030

A noticeable increase in the scope of powers of the constitutional supervisory body of Serbia is directly related with a qualitative change in the status of the Constitutional Court. The purpose of the article is to analyse the competences of the Constitutional Court of the Republic of Serbia in protecting rights and freedoms as the most important area of its activity. The article presents a study

The decision of a country to join regional trade agreements (RTAs) is guided by its expected welfare gains, though potentials of both trade creation and trade diversion cannot be ruled out through such arrangements. The slow progress of the World Trade Organization negotiations has created a demand for mega-regional trade agreements in the last decade, but the recent US and Indian pullout from Trans-Pacific

Abstract Banks are key institutions in the economic development of a country, but they are prone to money laundering (ML) as well. Such incidents could lead to sanctions and loss of reputation. To mitigate such risks, banks are required to follow Anti-Money Laundering (AML) regulations. Presently, there are no separate or specific AML regulatory requirements for Islamic banks (IBs). Apart from regulations

Abstract The United Arab Emirates (UAE) is situated near the Persian Gulf in the North Eastern part of the Arabian Peninsula. Established in 1971 by the late Sheikh Zayed Al Nahyan, the UAE forms a federation of seven Emirates consisting of Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al-Quwain, Ras Al Khaimah (The Emirate of Ras Al Khaimah had officially joined the federation on the 11th of February 1972

Abstract In this article, we examine the role and ethics of IBF in the context of development and address the critique that IBF is merely a rebranding of the conventional sector and merely exploits and further marginalises beneficiaries for profit. We focus on Islamic microfinance (IMF) in Indonesia and explore how it is applied to poverty alleviation. In addition to a review of the research to date

Abstract This article approaches the long-standing instability in the southernmost part of Thailand, where a vast majority of the population is Muslim, from a law and development perspective. The instability has resulted from a highly complicated conflict, of which religious and ethnic differences, political conflict, and even organized crime are generally claimed as the main causes. The article directs

Abstract The purpose of this article is to assess how Islamic finance can act as a vehicle to enhance the current intellectual property rights regime in the Gulf Cooperation Council (GCC). Islamic finance has developed within the constraints of sharia law and has been a growth sector for the GCC. This article will identify the main principles of Islamic finance that contribute to the success of Islamic

Abstract Previous studies on financial development have shown that differences in the legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 40 countries observed for the period from 2005 to 2018, our research assesses how different legal origins have affected the development of Islamic finance worldwide. More particularly, our research

Abstract This article will seek to operationalize and measure rule of law primarily relying on the “Rule of Law Checklist,” developed by the Venice Commission, composed of the following five elements: (1) Legality; (2) Legal certainty; (3) Prevention of abuse or misuse of powers; (4) Equality before the law and non-discrimination; and (5) Access to Justice. Each of these elements will be operationalized

Abstract This article excavates and analyses an early, feminist conversation about law that emerged from foundational texts on Gender and Development (GAD). Rather than starting from current, law-heavy GAD practices, it goes backwards to see what, if anything, some canonical texts published between 1970 and 1989 said about law. My aim is to offer an account of legally-relevant GAD theorising written

Abstract Based on the literature on decentralization, this article investigates the institutional arrangement and autonomy of local governments in Tigray Regional state. It is based on two rounds of field work covering nine districts. At a formal level, local governments are autonomous units with some defined mandates including power to decide on policy issues. In reality however, local governments

Abstract Trade-based money laundering (TBML) is a major concern in Colombia, where criminal organisations employ under-invoicing to conceal drug-trafficking proceeds. In response, Colombia imposed a compound tariff on certain Panamanian importations that were considered linked to this phenomenon. Alleging that the policy measure infringed Colombia’s tariff concessions, Panama activated the World Trade

Abstract From the end of World War Two, the core methodology of law and development projects has been to transplant the best legal institutions of Western capitalism to poor and emerging economies. In many post-colonial contemporary Muslim-majority countries, such programs have not adequately engaged with local legal systems, cultures and traditions. Contrary to the restrictive modernist approach to

Abstract This article examines the relevant provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) that appear to be in tune with the tenets of sustainable development, which has received much attention at both international and municipal levels. It was found that the relevant aspects of the Constitution on sustainable development are contained in Chapter Two of the Constitution

Abstract The ways in which cities function and are governed matter economically. While the growing literature on ‘global cities’ shows that city governments often pursue economic competitiveness, not much work has been done on whether the formal powers and competencies of cities and towns, as well as the ways in which these are wielded, are conducive to the achievement of developmental and socio-economic

Abstract The Torres Strait Treaty between Australia and Papua New Guinea (“PNG”) came into force in 1985. This unique treaty, which defines the maritime, seabed and fisheries boundaries between Australia and PNG, is recognised as one of the most complex, but imaginative maritime delimitation solutions in existence. The Treaty creates a Protected Zone with a view to safeguarding the traditional way

Abstract One of the innovations of the past 30 years has been the creation and subsequent use of the “right to information (RTI)” to deepen democracy, enhance citizen participation and generate transparent systems of governance. Transitional societies and existing democracies alike have embraced legal regimes on the right to information. An RTI law gives a person a right to demand information from

Abstract South Korea is one of the most successful economic development cases in history. This country, stricken with crushing poverty and torn by a disastrous war two generations ago, rose from the ashes of the war and underwent unprecedented economic development for over three decades. By the mid-1990s, South Korea had built an advanced economy with world-class industries and also achieved a liberal

Abstract Socio-economic rights are regarded as an indispensable foundation of substantial freedom. At the same time, the embodiment of socio-economic rights in the Constitution is generally associated with concerns about their quality as a fundamental right and their judicial enforcement. The South Korean Constitution upholds the principle of the welfare state in the preamble, the fundamental social

Abstract The relationship between the European Union (EU) and its member states has recently been the subject of several legal proceedings in the German Federal Constitutional Court (GFCC) and the European Court of Justice. The backdrop to the underlying controversies were policies instituted by the European Central Bank (ECB) dealing with the economic and monetary situation in various member states

Abstract Since the economic reforms of the 1990s, Indian states have largely contributed to India’s foreign policy decision-making in two critical areas, namely, economic diplomacy and influencing India’s foreign policy with its neighbours. Given India’s growing importance in the world arena, one would assume that Indian states will continue to have an increased role in its foreign policy decisions

Abstract This article examines the conceptual and historical relationship between constitutionalism and development. It argues that the communities that represent these two ideas have had little engagement, and yet there is a good deal of overlap between their areas of concern. Given that the Sustainable Development Goals 2015 have strongly embraced good governance, accountability and the rule of law

Abstract This paper proposes that there are three essential elements or phases of development: (i) systemic capacity; (ii) individual capability, and (iii) social citizenship. Significantly, the role of government within each element of development is decidedly different. Systemic capacity refers to the development of the economic means, or wealth creation, needed to provide society with services and

This paper argues that the intersection of international institutional law and “law-and-development�? studies provides a rich field of themes that help to understand inequality and agency in the global order. The paper sketches how this field could be understood and analysed, describing characteristics, principles and scholarly approaches to the field, some structural features (institutions and finances)

Abstract “Law and Development: Forty Years after ‘Scholars in Self-Estrangement’” by David Trubek provides an account of the state of law and development and its growth for the past four decades. This note provides a comment on this account and proposes the way forward for law and development studies.

Abstract The 2019 Law and Development Review Special Issue features two articles that apply the general theory of law and development to explain the development process of Botswana and South Africa. This paper provides a condensed overview of the general theory for the convenience of readers who wish to grasp the essential elements of the theoretical frameworks under which the two articles examine

Abstract The legislative system that provides for the socio-economic development of mining communities in South Africa has been under significant scrutiny in recent times. Various instances of conflict between mining communities and mining companies, of which the Marikana Massacre of 2012 is certainly the most noteworthy, show that mining communities expect mining companies to contribute more to the

Abstract Throughout its history, law and development has been so confined to or dominated by the economic, that a clear break with the past may be needed. The “three moments” analysis that Trubek and Santos presented in 2006 shows that, whereas law and development theory moved from law as an instrument for state power (first moment) to law as an instrument of the market (second moment), and in a third

Abstract In the last decades, several countries have undertaken institutional reforms in their national housing finance systems (SFH). At the end of the 1990s, the Brazilian government followed this global trend and reformed its national SFH. In 1997, Congress enacted Law no. 9.514, instituting the Real Estate Financial System (SFI) that should gradually replace the former SFH. The new SFI sought a

Abstract Botswana has achieved significant socio-economic development despite its low-income status in 1966 when colonial rule ended, earning it the status of an “African success story” and “African miracle”. Botswana’s development was achieved in great part to its abundance of natural resources (diamonds), in contrast to other African countries that displayed conditions affiliated with the “resource

Abstract This paper aims to review and assess the contributions and limitations of law and development (L&D) as a field of legal scholarship in relation to the constitution of the international economy and global economic governance. It seeks to reflect on the theoretical and methodological contributions of L&D theory and practice on the development of international legal scholarship, particularly

Abstract The sustainable development goals (SDGs) present a real opportunity to direct India towards a path of equality and equity. This article posits that India’s plans to achieve the millennium development goals by the end of their term in 2015 faltered because reforms designed to alleviate poverty and achieve equitable growth did not adequately address weaknesses in institutions of accountability

Abstract This article provides a detailed economic and legal analysis of the Regional Comprehensive Economic Partnership (RCEP) with regard to foreign investment with the objective to give an assessment of the impact of this new treaty on investment policies and flows in the Asia-Pacific region. Part One analyzes recent foreign direct investment flows in the ASEAN+ 6 countries, focusing on sectors

Abstract This article critically examines the role of political leadership in shaping and sustaining institutional reforms. While leadership has recently attracted a great deal of attention from other social scientists, law and development scholars have only begun to seriously consider the influence of leaders on institutions and development outcomes. The article explores the new mantra that “leadership

Abstract This article examines whether the current exceptions to copyright granted in contemporary intellectual property agreements give effect to the user rights to learn. It looks into the nature of the user rights to learn and how it is affected by copyright, technological protection measures, and digital rights management. Critical analysis is made of the effectiveness of exceptions to copyrights

Abstract Citing comparative US, UK and European jurisprudence, this article proposes a pre-inchoate offence to punish terror suspects at the African Court of Justice and Human Rights. It traces the Kenya government’s twenty-first-century responses to distorted jihad fundamentalism culminating in the current escalating pogroms. Coercive executive counterterrorism responses make exceptions to universal

Abstract Especially in resource rich countries with weak institutions of governance, the interests of governments often diverge from those of their citizens and creditors. Sovereign bond contracts can potentially help align these interests, to the benefit of all parties, by indexing payment obligations to improvements in the health and education of the issuer’s citizenry. To that end, this Article

Abstract This article examines the evolution of democratic practice in Brazil. The article begins with a discussion on the country’s performance in terms of social equality, violence, and weak economy after the consolidation of democracy in 1985. Based on historical evidence, the article offers explanations concerning the weak performance in Brazil. The case of Brazil provides a challenge to the theory

Abstract There is no point in making comprehensive provisions for the protection of various intellectual property rights without also providing a corresponding comprehensive system for enforcing the same when the rights are or about to be infringed. Therefore, an accessible, sufficient and adequate system/procedure is paramount in any worthwhile intellectual property system. Right holders must be granted

Abstract After more than five decades of the establishment of the Organization of African Unity (OAU) now the African Union (AU), Africa remains at a cross road in her struggle to grapple with the daunting challenges of achieving its core objectives of promoting sustainable development (SD) and economic integration, despite various earlier development initiatives and treaties in that regard. In analyzing

Most Sub-Saharan African countries have adopted policies to attract foreign direct investment (FDI) and policies to stimulate the growth of small and medium enterprises (SMEs). While a significant body of literature exists analyzing how these objectives can be mutually reinforcing, the negative interplay between these policies remains relatively unexplored. This paper examines whether, and in what

Abstract A look into the relationship between general rule of law development, from a distinctly Christian analytical perspective, and wildlife (namely elephant) poaching in Kenya. How can the concrete establishment of a solid legal foundation and rule of law help combat widespread elephant poaching in Kenya and the surrounding regions? How can rule of law development help to create a “Kenyan-specific”

Abstract In June 2014, the African Union, Heads of States and Government adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (known in short as the Malabo Protocol). If ratified, the Protocol would expand the jurisdiction of the proposed African Court of Justice and Human Rights to adjudicate matters of corporate criminal liability in Africa

Abstract This paper examines whether the current South African legal framework and subsequent policies post-1994 encourage and have emphatically fostered industrialisation in South Africa primarily and Southern Africa more generally. The primary contention of this paper is that the South African State, unlike fellow Southern African States, has a long history with industrialisation and should have

Abstract In strong definitions, sustainable development has been argued to imply the prevalence of the environmental dimension over the economic one. The prioritization of the environmental (planet) and (arguably also the) social (people) pillar over the economic (profit) one may require a rather radical departure from assumptions of economic growth, including zero-growth or even de-growth, as argued

Abstract The advent of the digital milieu and the explosion of the internet has made access, use, modification or duplication of original work easy. Physical reproductions have been replaced by digital reproduction, which has become much easier as well as cost-effective. The increased use of digital technology and online activities pose a serious threat to the cardinal objective of copyright protection

Abstract In the postapartheid South African economic landscape, the idea of “empowerment” has been given special meaning in the concept “black economic empowerment,” or BEE. BEE serves as a vehicle for the transformation of the South African economy in general by promoting, amongst other things, increased black ownership and management of businesses, skills development and rural community development

Abstract The paper discusses the role of law in ensuring that the agricultural productivity of small-scale women farmers in Nigeria is not encumbered by cultural practices and absence of extant laws and policies. Employing the feminist theory, it examines the existence and enforcement of equality rights for women to access productive assets including land, credit and agricultural extension services

Abstract Unlike many of its African neighbours, Botswana achieved levels of socio-economic development in spite of its abundant mineral wealth. Botswana’s effective management of its mineral resources also aided in its avoidance of the resource curse and corresponding weak institutions. The contribution of Botswana’s mineral wealth to its development best characterizes the country as a “resource-rich

The Organisation for Harmonisation of Business Law in Africa (OHADA) was established in October 1993 with the ambitious aim of inciting economic development in its Member States. Through the adoption of Uniform Commercial Laws, the organisation is expected to create an enabling environment for business development, thereby providing for a path to economic growth and subsequent development. In light

This article seeks to put the law-finance-growth nexus into the context of Africa. As of 2017, the African Securities Exchanges Association has 27 securities exchanges as full members. The Johannesburg Stock Exchange is the most developed of all, especially with respect to its market capitalization. Its socio-legal proximity with the English system may provide a good explanation to its phenomenal growth

Abstract This piece provides an insight into various contributions made by participants at the Law and Development Conference 2017. Participants converged in Cape Town, South Africa in September 2017 from institutions in different parts of Africa, as well as from other continents to deliberate on the theme of law and development from African perspectives. Over six panels of presentations, contributors

Abstract Nigeria, like other countries in the world, competes for available water resources due to the increasing demands for the resource as a result of agricultural and other industrial activities. Nigeria’s current National Water Policy 2017 is vague regarding the enforcement of the right to water, with an absence of institutions to actualise same. The provisions under chapter II of the Constitution

Abstract This paper seeks to provide a more nuanced view of the creative industry that goes beyond assertions of its contribution to economic growth, which, it is then further argued, requires stringent copyright protection to ensure development. It argues that a critical first step is to optimize an existing copyright framework by addressing its inherent entrepreneurial challenges to better enable

Abstract Public procurement refers to the acquisition of goods and services by government in order to facilitate the efficient operationalisation of the state machinery. Public procurement however extends beyond transactions to acquire commodities to “the relationship between the state and its suppliers, and between the state and the commodity transaction”. Global political hierarchies, with affluent