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From Crisis to Control: Amidst and Postpandemic Data Protection Concerns in Singapore and Vietnam through the Lens of Techno-Solutionism and Efficient Violation of Privacy Rights Law and Development Review Pub Date : 2024-03-25 Vy Ngo Nguyen Thao
The success of Singapore with swift digital contact-tracing strategies inspired Vietnam to adopt similar measures, which both have raised concerns about balancing public health goals with personal data privacy. These approaches suggest a trend toward increased surveillance, citizen involvement in pandemic response, and enhanced government digitalization in everyday life postpandemic. This article examines
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Implementing Post-Pandemic Economic Parity: A Potential Restoration Through Distributive Justice Law and Development Review Pub Date : 2024-03-21 Aswathy Madhukumar
This paper explores the economic disparities created and augmented by the Pandemic and implores the state to adopt redistribution schemes based on the philosophy of distributive justice. The pandemic created and augmented gaping class inequalities, by pushing some into unemployment and poverty, while catalysing others’ prosperity. This may or may not have involved a fault element on the part of those
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The Impact of the Pandemic on Reproductive Autonomy and Gender Equality: Perspectives from the Sustainable Development Agenda Law and Development Review Pub Date : 2024-03-05 Carole J. Petersen
The COVID-19 pandemic had mixed effects on reproductive autonomy. While some governments excluded reproductive health care from the category of “essential” services that could be provided during shutdown orders, the pandemic also gave researchers an opportunity to study the efficacy and safety of telemedicine abortion and self-managed abortion. Feminist organizations around the world have also organized
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Intellectual Property and Health Technological Innovations at the time of the Pandemic Law and Development Review Pub Date : 2024-03-05 Nadia Naim, Hui Yun Chan
Technological innovations at the time of the pandemic and post pandemic is the focus of this paper which examines the relationship between intellectual property (IP), artificial intelligence (AI) and the healthcare sector. Research in this area includes the rapidly growing artificial intelligence industries in the healthcare sector and the impact of intellectual property protection on emerging technologies
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Ending 1990s Law and Development Ideas, Paradox of Path Dependence In Economic Planning Institutions Under Covid-19: SA’s Response Law and Development Review Pub Date : 2024-03-05 T. K. Pooe
This paper argues that the COVID-19 pandemic can and should be understood as a form of creative destruction (Schumpeter’s gale), at a hyper level owing to its biological/medical dimension. Therefore, the critical response to such a hyper force is to rethink how institutions administer Public Policy in South Africa (Path Dependency), most importantly economic development planning institutions and Covid-19
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Government Supervision of Oil Palm Plantations in Indonesia: Legal Issues and Proposed Remedies Law and Development Review Pub Date : 2024-03-01 Mohamad Nasir, Laurens Bakker, Toon van Meijl
Palm oil is a major Indonesian export product, but governmental supervision of plantation corporationsʼ activities on the ground frequently fails, which leads to environmental damage as well as conflict between companies and communities. By employing a socio-legal approach, this study found that the legal framework of the development of oil palm plantations is imprecise, unclear and incomplete and
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The COVID Pandemic and the Regulatory Geography of Rule of Law: Putting ‘Rule of Law’ in Its Place Law and Development Review Pub Date : 2024-02-26 Michael W. Dowdle
The Law and Development Institute’s 2003 Law and Development Conference on “Law and Development Post the Pandemic” inadvertently exposes the limits of ‘rule of law’ as a conceptual device for linking law and development. As will be explored, the developmental implications of that crisis highlighted geographic aspects of law and development that more conventional foci on economic development obscure
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Law and Development: A Comparative Law Aspect Law and Development Review Pub Date : 2024-02-22 Yong-Shik Lee, Andrew Harding
This article discusses the constituent elements of law and development, discusses its history, introduces relevant theories, and explores how law and development approaches may contribute to development efforts throughout the world. In the course of addressing these issues, we emphasize those aspects of the subject that bring into focus the traditional concerns of comparative law. We also introduce
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The Draft International Covenant on the Right to Development and Its Implications for Cooperation in Global Health Crises Law and Development Review Pub Date : 2024-02-16 Sara Katharina Wissmann
During the COVID-19 pandemic, global cooperation arrived at an impasse, illustrated by the resistance of industrialized States to allow vaccines-related knowledge transfer to their economically less advantaged partners. One pertinent example is the EU, withholding its waiver of the TRIPS Agreement for vaccines and related medicines and thereby impeding knowledge transfer to States in need – an act
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Technological Innovations in India’s Legal Sector for Access to Justice During and Post Pandemic Law and Development Review Pub Date : 2024-02-14 Priti Saxena
The COVID-19 pandemic has had a significant impact on the legal landscape in India, particularly in the context of technological innovations during pandemic. The pandemic has accelerated the adoption of digital technologies in various sectors, including the legal sector. The Indian government and the judiciary have introduced several measures to promote digitalisation and technology, including the
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Changes in South-American Fiscal Rules in a Post-Pandemic Scenario: A Case-By-Case Analysis Law and Development Review Pub Date : 2024-02-12 Gabriel Loretto Lochagin
Public finances have been extensively affected by the effects of the COVID-19 pandemic and the measures enacted to mitigate them. In South America, have these effects been permanent, or were fiscal rules solid enough to allow for flexibility and a later return to normality? The hypothesis in this paper is that Covid had a significant impact on the fiscal institutions of countries with previous difficulties
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The Constitutional Relevance of the ECHR in Domestic Law: The Kosovo Perspective Law and Development Review Pub Date : 2024-01-17 Përparim Gruda, Mentor Borovci
This article examines the status and importance of the European Convention on Human Rights (ECHR) and European Court of Human Rights (ECtHR) Jurisprudence in the national legal system of the Republic of Kosovo. This will be accomplished by pursuing two main paths: first, by a doctrinal analysis of the constitutional status of the ECHR and the Jurisprudence of the ECtHR in Kosovo and, second, through
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Oil Transnational Corporations and the Legacy of Corporate-Community Conflicts: The Case of SEEPCO in Nigeria Law and Development Review Pub Date : 2023-12-27 Martin-Joe Ezeudu
This paper examines the nature, impact, ramifications, and root causes of the corporate-community resource conflict in Anambra’s oil-bearing communities. It approaches this objective from the standpoint that such a conflict may be appropriately termed “a legacy of oil transnational corporations” in Nigeria, given their antecedents in the Niger Delta region. Unlike the existing literature that blames
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The Second War Between the States: How the United States Became the World’s Best Tax Haven Law and Development Review Pub Date : 2023-07-11 Beverly Moran
We want government to help us prosper. For working people, prosperity requires employment and employment requires business. After World War II, most of the world was either devastated or underdeveloped leaving the United States without foreign competition. Local competition took its place. The States and local governments competed against one another on their natural resources, access to transportation
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Indonesian Job Creation Law: Neoliberal Legality, Authoritarianism and Executive Aggrandizement Under Joko Widodo Law and Development Review Pub Date : 2023-06-26 Tunggul Anshari Setia Negara, Syahriza Alkohir Anggoro, Imam Koeswahyono
On October 5, 2020, President Joko Widodo (Jokowi) passed Law no. 11/2020 on Job Creation (Job Creation Law/JCL) designed to improve Indonesia’s private investment climate. The law changed various legal landscapes that were identified as obstacles to accelerated development and economic growth. However, the Law has sparked widespread protests because it can potentially encourage environmental damage
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Tackling Corruption in Foreign Investment: Insights from Investment Arbitration Cases Law and Development Review Pub Date : 2023-06-26 Julien Chaisse
Over the last ten years, international investment tribunals have imported anti-corruption principles into the bilateral investment treaties (“BIT”) regime through the use of the doctrine of “unclean hands” and the requirement of “legality of the investment.” These principles have been invoked as a “trump card” defense by responding parties. In light of the rising case laws, the Article focuses on the
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Repeating the Mistakes of the Law and Development Movement in Afghanistan Law and Development Review Pub Date : 2023-04-21 Nandini Ramanujam, Alexander Agnello
The rapid collapse of the Afghan state did not come as a surprise to those who are well-versed in the chequered history of the Law and Development Movement. While the Movement’s one-size-fits-all modernization project has been largely rejected, such misguided efforts continue under the aims of “building the Rule of Law” or “improving governance.” The fallout from the U.S. withdrawal from Afghanistan
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An Empirical Study of Regulatory Capture in Kenya’s Maize Seed Sector Law and Development Review Pub Date : 2023-03-29 Lodewijk Guido K. Van Dycke, Harriet Mawia, Pieter Rutsaert, Jason Donovan
In sub-Saharan Africa, public sector breeding programs depend on local seed companies to deliver new maize varieties to farmers. Such varieties are needed to adapt cropping systems to climate change. While dozens of small and medium seed companies have emerged in the last two decades, the maize seed market in Kenya remains dominated by the parastatal seed company Kenya Seed Company, with multinational
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The Reform for Secured Transactions Regime with the Doing Business Indicator: A Case of Laos Law and Development Review Pub Date : 2022-12-13 Katsunori Irie
The IFC, a member of the World Bank Group, intervened to recommend strongly that Laos adopt a system of computerized registration of secured transactions for movable assets into a new Civil Code. Central to the IFC’s preference for its digital system was the assertion that it would immediately raise Laos’ ranking in the Doing Business indicator prepared by the World Bank Group. A higher ranking would
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The Nusantara Capital City Project: Why Development and Human Rights Do Not Always Mix Law and Development Review Pub Date : 2022-12-06 Mirza Satria Buana, Prischa Listiningrum, Prasetyo Adi Nugroho, Ade Angelia Yusniar Marbun
This article examines the Nusantara capital city project and its sociological impact on individuals and groups’ rights in the East Kalimantan regions of Penajam Paser Utara (PPU) and Kutai Kartanegara. The Nusantara Act was enacted to legalize the building of this mega-project and was finalized within a period of only 43 days. Thus, the legitimation of the Act is contentious. It is predicted that there
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Using Competition Law to Link Regulation and Development Law and Development Review Pub Date : 2022-11-01 Juan David Gutiérrez, Andrés Felipe Suárez
Regulatory processes and debates are often informed by competition assessments issued by antitrust agencies, who advocate against potentially anticompetitive governmental regulations. While these opinions are usually not binding for regulators, the participation of antitrust agencies may have significant influence over the outcome of regulatory processes. This article examines whether antitrust agencies
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Harnessing African Free Trade Area and WTO for Clean Energy Transition Law and Development Review Pub Date : 2022-07-08 Umut Turksen, Adam Abukari
In 2018, the African Union adopted the Agreement on the African Continental Free Trade Area (AfCFTA) with the aim of creating a common market for goods and services that would serve over 1.3 billion people in Africa. This is a paradigm shift towards a deeper continental integration in Africa whereby AfCFTA would be one of the biggest multilateral trading areas in the world. Although AfCFTA pursues
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Enhancing Access to Justice Through Donor-Led Legal Aid Initiatives: International Normative Framework, Practical Approaches, and Some Findings from the Field Law and Development Review Pub Date : 2022-04-18 Johannes Socher
As an objective in international legal cooperation, interventions with the aim to enhance access to justice are a relatively new phenomenon that has famously been described as the ‘legal empowerment alternative’ which goes ‘beyond the rule of law orthodoxy’. Generally speaking, while traditional approaches primarily aim at promoting the rule of law ‘top–down’ by strengthening state structures and capacities
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Frontmatter Law and Development Review Pub Date : 2022-02-01
Article Frontmatter was published on February 1, 2022 in the journal Law and Development Review (volume 15, issue 1).
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The Rule of Law as an Emergent Social Norm: Evidence from Qualitative Research in Russia Law and Development Review Pub Date : 2022-02-01 Svetlana Borodina, Simon Deakin, John Hamilton
We study attitudes to legality and the rule of law in Russia through analysis of interviews with legal and business professionals conducted in 2013–14, the high point of the stabilisation of the Russian economy and polity following the transition of the 1990s. The annexation of Crimea occurred during the course of our fieldwork but the effects of the cooling of relations with the west and the introduction
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Negotiating the Intellectual Property Protocol under the Agreement Establishing the African Continental Free Trade Area: Priorities and Opportunities for Nigeria Law and Development Review Pub Date : 2022-02-01 Adebambo Adewopo, Desmond Oriakhogba, Chijioke Okorie
Early March 2021, following its ratification of the Agreement Establishing the African Continental Free Trade Area (AfCFTA agreement), Nigeria’s National Office of Trade launched a consultative process into issues constituting the country’s priorities as it prepares to participate in the negotiation of the AfCFTA agreement’s protocol on intellectual property rights (IPRs). We contributed a position
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The Good Governance Quandary: The Elusive Search for Role Models Law and Development Review Pub Date : 2022-02-01 Michael Trebilcock
A substantial consensus has emerged in development circles that the reason why some countries are rich and others poor is largely a reflection of the quality of their institutions – political, bureaucratic, and legal – and that countries with seriously dysfunctional institutions cannot expect to pursue a successful long-term trajectory of economic and social development. Many studies support this consensus
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Reviewing the Indonesian Anticorruption Court: A Cost-Effective Analysis Law and Development Review Pub Date : 2022-02-01 Choky Risda Ramadhan
As part of anticorruption reform, the Indonesian Anticorruption Court Law 2009 mandated the establishment of 514 anti-corruption courts in every city. The Indonesian Supreme Court, however, could only establish 34 courts. Three factors that explain this delay: (1) a lack of budget to fund the court; (2) the limited number of people with the integrity and capacity to serve as ad hoc judges; and (3)
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The Constitutionality of Compulsory Land Acquisition in Vietnam: Issues and Recommendations Law and Development Review Pub Date : 2022-02-01 Hien Trung Phan, Hugh D. Spitzer
This article identifies and analyzes the theoretical, constitutional, and practical bases for governmental land acquisition in Vietnam from a comparative perspective. The authors contrast political ideologies of private ownership and public interests to elucidate the grounds for compulsory acquisition of property for public uses. By reviewing constitutional provisions on compulsory land acquisition
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Extractive Constitutions: Constitutional Change and Development Paths in Latin America Law and Development Review Pub Date : 2022-02-01 Roger Merino
Under the label “New Latin American Constitutionalism”, scholars have explained the emergence of new constitutions or organic constitutional reforms in the eighties and nineties and, since the 2000s, the constitutions associated with the “Left turn” in the region. Radical constitutional changes, however, have not stopped the expansion of social conflicts associated with internationally-backed extractive
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On Ramseyer’s Response to the Critics of “Contracting for Sex in the Pacific War” Law and Development Review Pub Date : 2022-02-01 Yong-Shik Lee
A controversial paper by Ramseyer, “Contracting for Sex in the Pacific War,” which argued that the victims of sexual slavery (“the comfort women”) perpetrated by the Japanese military during World War II were voluntary prostitutes under contract, has raised substantial controversy around the world. This argument has provoked a public outcry, and thousands of scholars, including Nobel laureates, have
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Social Justice, International Courts, and Law Law and Development Review Pub Date : 2021-10-18 Amalie Frese
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International Economic Law Tribunals and Global Social Justice Law and Development Review Pub Date : 2021-10-11 Frank J. Garcia
International courts play a key role in the attainment of global social justice objectives. The core contributions of international adjudication to global social justice are, not surprisingly, in line with the core functions of adjudication: the enforcement of substantive rights in a setting of fair procedures. Fully realizing the potential for justice inherent in this role is limited, however, by
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Anti-discrimination Case Law of the Court of Justice of the European Union before and after the Economic Crisis Law and Development Review Pub Date : 2021-10-02 Amalie Frese
Income inequality is at an all-time high in the Europe Union (EU). Implications from the economic crisis which broke out in 2008, and in particularly the austerity measures introduced by Governments in Eurozone countries receiving bailout programmes, created further inequalities, for example between men and women. This paper starts from the hypothesis that whereas other institutions in the EU have
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Who Mobilizes the Court? Migrant Rights Defenders Before the Court of Justice of the EU Law and Development Review Pub Date : 2021-09-28 Virginia Passalacqua
Like any other adjudicative body, the Court of Justice of the European Union (CJEU) is an essentially reactive institution: it cannot create disputes on its own motion, but it needs to be ‘mobilized’. This simple observation leads us to a question of central importance in the field of courts and social justice: who brings social justice claims before the Court of Justice? This is a particularly salient
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Justice and the Reform of International Investment Law Law and Development Review Pub Date : 2021-09-28 Krista Nadakavukaren
This paper focuses on the reforms proposed to investment law, in particular in relation to dispute resolution, from the standpoint of justice. It sets out the ways that the proposed adoption of a standing investment court with an appellate instance would impact the justice of the international investment law system by focusing on the notion of justice as fairness. By assessing the impacts of the proposed
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Corporate Social Responsibility in the Legal Framework of Global Value Chains Law and Development Review Pub Date : 2021-09-05 Talya Ucaryilmaz Deibel
What is the place of voluntary self-regulation in today’s international trade? Can we continue to understand the contract in its relation to the historical unity of state and law considering the massive transformation of the closely related dichotomies between national and international, public and private, and hard law and soft law? What is the role of corporate social responsibility (CSR) in the
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Justice and Authority in Investment Protection Law and Development Review Pub Date : 2021-08-30 Oisin Suttle
What role should concerns about distributive justice play in international investment law? This paper argues that answers to fundamental and contestable questions of social and global distributive justice are a necessary, if implicit, premise of international investment law. In particular, they shape our views on the purpose of investment law, and in turn determine the scope of authority that investment
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Frontmatter Law and Development Review Pub Date : 2021-06-01
Article Frontmatter was published on June 1, 2021 in the journal Law and Development Review (volume 14, issue 2).
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Introduction: Law and Development in High-Income Countries Law and Development Review Pub Date : 2021-06-01 Yong-Shik Lee, Hans-Bernd Schäfer
Article Introduction: Law and Development in High-Income Countries was published on June 1, 2021 in the journal Law and Development Review (volume 14, issue 2).
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The Rule of Law and Its Social Reception as Determinants of Economic Development: A Comparative Analysis of Germany and Poland Law and Development Review Pub Date : 2021-06-01 Krzysztof Głowacki, Christopher Andrew Hartwell, Kateryna Karunska, Jacek Kurczewski, Elisabeth Botsch, Tom Göhring, Weronika Priesmeyer-Tkocz
The rule of law is not just a necessary condition for a modern liberal society but also an important prerequisite for a stable, effective and sustainable market economy. However, relevant legal norms may be more or less successful depending on their social reception within a particular country. This study explores the connection between the rule of law, especially in terms of how it is viewed socially
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Are OECD Countries in a Rule of Law Recession? Law and Development Review Pub Date : 2021-06-01 Jose R. Balmori de la Miyar
This paper examines whether there is a rule of law recession among member countries of the Organization for Economic Cooperation and Development (OECD). This formal inquiry is motivated by the recent findings of a democratic recession across several countries with a long tradition of democratic values. I conduct both quantitative and qualitative analyses using the rule of law index from the World Justice
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International Financial Centers as a Model: Facilitating Growth and Development by Connecting to International Legal Frameworks Law and Development Review Pub Date : 2021-06-01 Charlotte Ku, Andrew Morriss
International financial centers (IFCs) provide means of strengthening law and regulation not only in the financial sector, but also in global governance more broadly and the contribution their legal regimes make to economic development. By demonstrating how ideas move across jurisdictions and how cross-jurisdictional structures add value, IFCs facilitate transactions in jurisdictions where local legal
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International Cooperation Without Just Distributions? Beginning to Map the Role of Rising Economic Inequality in the Formation and Evolution of and Adherence to International Law Law and Development Review Pub Date : 2021-06-01 Alexander D. Beyleveld
The argument in this paper is that international lawyers—scholars and practitioners alike—should be cognisant of the fact that different economic distributions within nations will lead to the establishment of different international legal systems in terms of their formation and evolution, as well as in relation to the extent to which they are respected and adhered to. Rising economic inequality within
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Toward Aligning with International Gender Goals? Analysis of the Gender Equality Landscape in Japan under the Laws on Women’s Economic and Political Participation and Leadership Law and Development Review Pub Date : 2021-06-01 Ayako Hatano
Gender equality and women’s empowerment is taken as an important precondition and driving force for the achievement of all the Sustainable Development Goals (SDGs). Despite its highly developed economy and democratic governance system, Japan’s record of gender equality, in particular, women’s political and economic leadership, has stalled for a number of years. Even after the promulgation of laws for
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APUNCAC: An International Convention to Fight Corruption, Money Laundering, and Terrorist Financing Law and Development Review Pub Date : 2021-06-01 Stuart S. Yeh
This article explains how corruption, money laundering, and terrorist financing could be addressed through an Anticorruption Protocol to the United Nations Convention against Corruption (APUNCAC). APUNCAC seeks to establish United Nations inspectors, dedicated anticorruption courts, and aggressive measures to fight corruption, including requirements to obtain and report accurate beneficial owner information
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“Unlocking Legal Gridlock in High-Income Countries: How Excessive Litigation Hampers Growth and Harms Democracy” Law and Development Review Pub Date : 2021-06-01 Christian Rasquin
The paper focuses on rules of standing in the context of environmental law. With the implementation of the Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters (Aarhus Convention) in European law, interest groups have become major players in the enforcement of environmental regulations. Although such interest groups can help to
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Can a Complicated “Consensus” Survive a Dose of Populist Poison? Exploring the Potential Impact of Brexit and Trumpism on the Developed Country Approach to Trade Law and Policy Law and Development Review Pub Date : 2021-06-01 Sean Stacy
Among wealthier, so-called “developed” nations, a consistent and shared policy orientation on trade has generally prevailed over the last three quarters of a century. This consensus has been hallmarked by the promotion of freer trade facilitated by a state-centric, rules-based legal system. While most wealthy countries appear to desire a continued fidelity to that policy orthodoxy, the United Kingdom’s
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Universities as Engines of Development Law and Development Review Pub Date : 2021-06-01 Shubha Ghosh
The Bayh–Dole Act was enacted in the United States in 1980 to promote economic development and growth at regional and national levels. A key engine is research generated within universities. This article addresses the question of how universities can serve as engines of development. Drawing on Cooter and Shaeffer’s work on law and development, specifically what they call the double trust problem, this
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The Courts and Corporate Executive Compensation in Canada Law and Development Review Pub Date : 2021-06-01 Sean McGinty
Corporate executive compensation in Canada, as in many developed economies, has risen significantly since the 1980s relative to that of the average worker. This has posed an issue for corporate governance due to concerns that the trend may not be serving the corporation and its stakeholders well, and also an issue for society as a whole due to its impact on income inequality more generally. This has
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Frontmatter Law and Development Review Pub Date : 2021-01-01
Article Frontmatter was published on January 1, 2021 in the journal Law and Development Review (volume 14, issue 1).
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Perverse Development from Short-lived Liberalization to Authoritarianism in Russia: Law as a Tool for the Authorities’ Interests Law and Development Review Pub Date : 2021-01-01 Sergey Yu. Marochkin, Svetlana S. Racheva
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).
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A Land of Milk and Butter: How Elites Created the Modern Danish Dairy Industry Law and Development Review Pub Date : 2021-01-01 Yaprak Aydın
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).
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African Traditional Religion and Law-Intersections between the Islamic and non-Islamic Worlds and the Impact on Development in the 2030 Agenda era Law and Development Review Pub Date : 2021-01-01 Elizabeth Bakibinga-Gaswaga
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
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‘COVID-19/Food Insecurity Syndemic’: Navigating the Realities of Food Security Imperatives of Sustainable Development Goals in Africa Law and Development Review Pub Date : 2021-01-01 Jane Ezirigwe, Chinelo Ojike, Emeka Amechi, Adebambo Adewopo
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
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Constitutional Court as Constitutional Complaint Institution: Evidence from Serbia Law and Development Review Pub Date : 2021-01-01 Konstantin Polovchenko
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
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The Mystery of Reciprocal Demand for Regional Trade Partnership: Indian Experience in RCEP Regional Value Chains Law and Development Review Pub Date : 2021-01-01 Debashis Chakraborty, Julien Chaisse
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
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Anti-Money Laundering Regulation and Practice of Islamic Banks in the United Arab Emirates: A Case Study Law and Development Review Pub Date : 2020-09-25 Ajay Kumar
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
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Shari’a Law and Its Impact on the Development of Muslim and Non-Muslim Business Relations in the United Arab Emirates Law and Development Review Pub Date : 2020-09-25 Rehanna Nurmohamed
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
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Building Islamic Ethics into Development: Exploring the Role and Limitations of “Islamic” Microfinance in Poverty Alleviation—An Indonesian Case Study Law and Development Review Pub Date : 2020-09-25 Salim Farrar, Tanvir Uddin
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