{"title":"Yong-Shik Lee: Law and Development: Theory and Practice","authors":"A. Harding","doi":"10.1515/ldr-2022-0037","DOIUrl":"https://doi.org/10.1515/ldr-2022-0037","url":null,"abstract":"","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"20 1","pages":"407 - 409"},"PeriodicalIF":0.3,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91154132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Qianhai, an innovation park in Shenzhen, seeks to become a global centre of innovation. The lessons that the Qianhai’s law teach us could apply to other special economic and innovation zones worldwide. Yet, problems with its legal design plague the US$4.5 billion project. Some of these include weak and abstract rulemaking as well as a lack of objectives and devolved authorities. Fixing the existing law governing the Qianhai region will require a Hong Kong-Shenzhen Agreement (giving Hong Kong a greater stake and say in the region), privatizing the Qianhai Authority, revising Hong Kong law to allow for easier and more profitable university spin-outs, retargeting the subsidies used in the region, and fixing the innovation agencies in the region (most notably Hong Kong’s).
{"title":"The Legal and Administrative Design of the Qianhai Special Economic Zone","authors":"Bryane Michael","doi":"10.1515/ldr-2022-0014","DOIUrl":"https://doi.org/10.1515/ldr-2022-0014","url":null,"abstract":"Abstract Qianhai, an innovation park in Shenzhen, seeks to become a global centre of innovation. The lessons that the Qianhai’s law teach us could apply to other special economic and innovation zones worldwide. Yet, problems with its legal design plague the US$4.5 billion project. Some of these include weak and abstract rulemaking as well as a lack of objectives and devolved authorities. Fixing the existing law governing the Qianhai region will require a Hong Kong-Shenzhen Agreement (giving Hong Kong a greater stake and say in the region), privatizing the Qianhai Authority, revising Hong Kong law to allow for easier and more profitable university spin-outs, retargeting the subsidies used in the region, and fixing the innovation agencies in the region (most notably Hong Kong’s).","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"47 1","pages":"43 - 77"},"PeriodicalIF":0.3,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89822988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This article examines the enforcement process of the international rule of law benchmarks by the Government of Kosovo through their internalization into domestic legislation. Particular attention is paid to the legal benchmarks established in the Rule of Law Checklist adopted by the Venice Commission, which, among others, provides guidelines on the extent of delegation of the legislative powers from parliament to the government. More specifically, this article presents a legal analysis of legal measures taken by the Government of Kosovo to enforce legal benchmarks of the Rule of Law Checklist of the Venice Commission into domestic legislation. This has been done through the evaluation of compliance with its sub-legal acts with specific laws and abrogation of sub-legal acts that lacked specific legal authorization, and therefore did not comply with rule of law benchmarks. Overall, this article seeks to demonstrate the distinct practical value of the rule of law elements in the development processes, given the indispensable role of stable and predictable legal processes in the functioning of institutions.
{"title":"Enforceability of International Rule of Law Benchmarks in Legislative Process: The Abrogation of Secondary Legislation in Kosovo","authors":"Mentor Borovci","doi":"10.1515/ldr-2022-0010","DOIUrl":"https://doi.org/10.1515/ldr-2022-0010","url":null,"abstract":"Abstract This article examines the enforcement process of the international rule of law benchmarks by the Government of Kosovo through their internalization into domestic legislation. Particular attention is paid to the legal benchmarks established in the Rule of Law Checklist adopted by the Venice Commission, which, among others, provides guidelines on the extent of delegation of the legislative powers from parliament to the government. More specifically, this article presents a legal analysis of legal measures taken by the Government of Kosovo to enforce legal benchmarks of the Rule of Law Checklist of the Venice Commission into domestic legislation. This has been done through the evaluation of compliance with its sub-legal acts with specific laws and abrogation of sub-legal acts that lacked specific legal authorization, and therefore did not comply with rule of law benchmarks. Overall, this article seeks to demonstrate the distinct practical value of the rule of law elements in the development processes, given the indispensable role of stable and predictable legal processes in the functioning of institutions.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"8 1","pages":"23 - 41"},"PeriodicalIF":0.3,"publicationDate":"2022-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89811877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract 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, access to justice projects take a ‘bottom–up’ approach focusing on the empowerment of ‘users’ of justice systems. The overarching theory of change behind this approach is that empowered citizens are better able to participate in decision-making processes at the grassroots level, helping build greater trust and confidence in the justice system and public institutions, particularly in fragile and conflict-affected situations. Focusing on the provision of legal aid services, this article outlines the international normative framework, depicts the various practical approaches, and reflects some findings resulting from a recent evaluation commissioned by the German Federal Foreign Office on its engagement in enhancing access to justice, drawing from examples in Palestine, Ukraine, and Pakistan.
{"title":"Enhancing Access to Justice Through Donor-Led Legal Aid Initiatives: International Normative Framework, Practical Approaches, and Some Findings from the Field","authors":"Johannes Socher","doi":"10.1515/ldr-2021-0144","DOIUrl":"https://doi.org/10.1515/ldr-2021-0144","url":null,"abstract":"Abstract 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, access to justice projects take a ‘bottom–up’ approach focusing on the empowerment of ‘users’ of justice systems. The overarching theory of change behind this approach is that empowered citizens are better able to participate in decision-making processes at the grassroots level, helping build greater trust and confidence in the justice system and public institutions, particularly in fragile and conflict-affected situations. Focusing on the provision of legal aid services, this article outlines the international normative framework, depicts the various practical approaches, and reflects some findings resulting from a recent evaluation commissioned by the German Federal Foreign Office on its engagement in enhancing access to justice, drawing from examples in Palestine, Ukraine, and Pakistan.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"8 1","pages":"1 - 22"},"PeriodicalIF":0.3,"publicationDate":"2022-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88904254","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-02-01DOI: 10.1515/ldr-2022-frontmatter1
Article Frontmatter was published on February 1, 2022 in the journal Law and Development Review (volume 15, issue 1).
文章前瞻于2022年2月1日发表在《法律与发展评论》第15卷第1期。
{"title":"Frontmatter","authors":"","doi":"10.1515/ldr-2022-frontmatter1","DOIUrl":"https://doi.org/10.1515/ldr-2022-frontmatter1","url":null,"abstract":"Article Frontmatter was published on February 1, 2022 in the journal Law and Development Review (volume 15, issue 1).","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"12 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138543721","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract 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 criticized this paper and denounced it. Ramseyer has subsequently published a response to these critics in a non peer-reviewed, publicly accessible paper series disseminated by the John M. Olin Center for Law, Economics, and Business at Harvard University. His response does not remedy fundamental flaws and inaccuracies in his original paper. This essay discusses these flaws and inaccuracies and also points out the problematic manner in which the author mischaracterizes and omits key materials, misleading readers. The war may have ended several decades ago, but its trauma continues today, exacerbated by the troubling denials of the atrocities.
{"title":"On Ramseyer’s Response to the Critics of “Contracting for Sex in the Pacific War”","authors":"Yong‐Shik Lee","doi":"10.1515/ldr-2022-0004","DOIUrl":"https://doi.org/10.1515/ldr-2022-0004","url":null,"abstract":"Abstract 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 criticized this paper and denounced it. Ramseyer has subsequently published a response to these critics in a non peer-reviewed, publicly accessible paper series disseminated by the John M. Olin Center for Law, Economics, and Business at Harvard University. His response does not remedy fundamental flaws and inaccuracies in his original paper. This essay discusses these flaws and inaccuracies and also points out the problematic manner in which the author mischaracterizes and omits key materials, misleading readers. The war may have ended several decades ago, but its trauma continues today, exacerbated by the troubling denials of the atrocities.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"1 1","pages":"201 - 214"},"PeriodicalIF":0.3,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89791076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract 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 and infrastructure projects deemed as crucial for national development. As new processes of constitution building are gaining momentum in the region, it is crucial to investigate the reasons why societies under progressive and neoliberal constitutions suffer from similar conflicts. Drawing on decolonial theory and critically dialoguing with the literature on constitutions and development, the article proposes an analytical scheme to understand the relationship between constitutional arrangements and development in neoliberal and multicultural Peru and Colombia, and post-neoliberal and plurinational Bolivia and Ecuador. The article argues that even though these constitutions possess deep differences at the level of development discourses, strategies, and tools, they share the same development paradigm.
{"title":"Extractive Constitutions: Constitutional Change and Development Paths in Latin America","authors":"R. Merino","doi":"10.1515/ldr-2021-0127","DOIUrl":"https://doi.org/10.1515/ldr-2021-0127","url":null,"abstract":"Abstract 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 and infrastructure projects deemed as crucial for national development. As new processes of constitution building are gaining momentum in the region, it is crucial to investigate the reasons why societies under progressive and neoliberal constitutions suffer from similar conflicts. Drawing on decolonial theory and critically dialoguing with the literature on constitutions and development, the article proposes an analytical scheme to understand the relationship between constitutional arrangements and development in neoliberal and multicultural Peru and Colombia, and post-neoliberal and plurinational Bolivia and Ecuador. The article argues that even though these constitutions possess deep differences at the level of development discourses, strategies, and tools, they share the same development paradigm.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"1 1","pages":"169 - 200"},"PeriodicalIF":0.3,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77018615","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract 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 in several countries (Singapore, Korea, Australia, India, and the United States), and exploring Vietnam’s constitutional provisions on land acquisition for national defense, security and socio-economic development, this article analyzes some key themes of purposes, procedure, and compensation. The paper then suggests specific changes to Vietnam’s Land Law to increase transparency and to provide more legal safeguards for private users of property when government entities recover privately-used land for public purposes.
{"title":"The Constitutionality of Compulsory Land Acquisition in Vietnam: Issues and Recommendations","authors":"Hien Trung Phan, Hugh D. Spitzer","doi":"10.1515/ldr-2021-0114","DOIUrl":"https://doi.org/10.1515/ldr-2021-0114","url":null,"abstract":"Abstract 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 in several countries (Singapore, Korea, Australia, India, and the United States), and exploring Vietnam’s constitutional provisions on land acquisition for national defense, security and socio-economic development, this article analyzes some key themes of purposes, procedure, and compensation. The paper then suggests specific changes to Vietnam’s Land Law to increase transparency and to provide more legal safeguards for private users of property when government entities recover privately-used land for public purposes.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"42 1","pages":"147 - 168"},"PeriodicalIF":0.3,"publicationDate":"2022-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74669521","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Law reform projects and Analytical Law and Development Model","authors":"Yong‐Shik Lee","doi":"10.4324/9781003090175-9","DOIUrl":"https://doi.org/10.4324/9781003090175-9","url":null,"abstract":"","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"146 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77743669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-17DOI: 10.4324/9781003090175-16
Yong‐Shik Lee
{"title":"Conclusion","authors":"Yong‐Shik Lee","doi":"10.4324/9781003090175-16","DOIUrl":"https://doi.org/10.4324/9781003090175-16","url":null,"abstract":"","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"19 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85953026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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