Abstract The current radical strategies by which there is, on one hand, an increasing European assistance to developing poor countries of Africa/Middle East and on the other hand, tightened border-security within Europe as a means to reduce migration from the South; may worsen the state of poverty in Europe, particularly on the immigrants and impact on the workforce in Europe with implication on development. Though, these strategies may sound radically appealing, they are however, unlikely to reduce migration flows to Europe. While there is still a “wide development gap” between the poor countries of Africa/Middle East and industrialised countries of Europe, migration will often increase, at least in the next two-three decades. Radical border security in Europe will expose the migrants to human trafficking in different form and manifestation contrary to Article 3 UN Protocol on Trafficking in Person. The paper examines the role of the State and Law and development, in addressing the issues of poverty and migration within the industrialised countries of Europe. The research argues that there is the likelihood that poverty and human right issues will increase in Europe in the near-future, if the State/EU fails to play their role, by changing their policy direction and repositioning themselves by improving their Law and development stance. The research employs the human rights-based approach, interdisciplinary and critical-analytical perspective within the framework of international Law and development. It employs qualitative empirical evidence from developed countries of Europe and poor developing countries for analysis.
{"title":"Migration, Poverty, the Role of State, (International) Law and Development in the Industrialised Countries of Europe","authors":"Brian-Vincent O Ikejiaku","doi":"10.1515/ldr-2021-0045","DOIUrl":"https://doi.org/10.1515/ldr-2021-0045","url":null,"abstract":"Abstract The current radical strategies by which there is, on one hand, an increasing European assistance to developing poor countries of Africa/Middle East and on the other hand, tightened border-security within Europe as a means to reduce migration from the South; may worsen the state of poverty in Europe, particularly on the immigrants and impact on the workforce in Europe with implication on development. Though, these strategies may sound radically appealing, they are however, unlikely to reduce migration flows to Europe. While there is still a “wide development gap” between the poor countries of Africa/Middle East and industrialised countries of Europe, migration will often increase, at least in the next two-three decades. Radical border security in Europe will expose the migrants to human trafficking in different form and manifestation contrary to Article 3 UN Protocol on Trafficking in Person. The paper examines the role of the State and Law and development, in addressing the issues of poverty and migration within the industrialised countries of Europe. The research argues that there is the likelihood that poverty and human right issues will increase in Europe in the near-future, if the State/EU fails to play their role, by changing their policy direction and repositioning themselves by improving their Law and development stance. The research employs the human rights-based approach, interdisciplinary and critical-analytical perspective within the framework of international Law and development. It employs qualitative empirical evidence from developed countries of Europe and poor developing countries for analysis.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"13 1","pages":"465 - 501"},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80974770","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 : 2021-06-01DOI: 10.1515/ldr-2021-frontmatter2
Article Frontmatter was published on June 1, 2021 in the journal Law and Development Review (volume 14, issue 2).
文章前瞻于2021年6月1日发表在《法律与发展评论》第14卷第2期。
{"title":"Frontmatter","authors":"","doi":"10.1515/ldr-2021-frontmatter2","DOIUrl":"https://doi.org/10.1515/ldr-2021-frontmatter2","url":null,"abstract":"Article Frontmatter was published on June 1, 2021 in the journal Law and Development Review (volume 14, issue 2).","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"22 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138532408","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}
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 Project, as well as different government and academic reports. Results show that, by and large, there is no rule of law recession among OECD member countries. Findings indicate that 12 out of the 28 OECD member countries analyzed in this paper continue to expand their level of adherence to the rule of law during the period 2014–2020. In fact, just as many OECD member countries have stable scores in their respective rule of law index. In contrast, only Turkey, Hungary, Korea, and Poland exhibit a rule of law recession.
{"title":"Are OECD Countries in a Rule of Law Recession?","authors":"Jose R. Balmori de la Miyar","doi":"10.1515/ldr-2021-0041","DOIUrl":"https://doi.org/10.1515/ldr-2021-0041","url":null,"abstract":"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 Project, as well as different government and academic reports. Results show that, by and large, there is no rule of law recession among OECD member countries. Findings indicate that 12 out of the 28 OECD member countries analyzed in this paper continue to expand their level of adherence to the rule of law during the period 2014–2020. In fact, just as many OECD member countries have stable scores in their respective rule of law index. In contrast, only Turkey, Hungary, Korea, and Poland exhibit a rule of law recession.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"137 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138532402","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 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 article shows how the Bayh–Dole Act was justified as resolving the double trust problem arising from lack of property rights in university research. This article presents the argument that this goal of the Bayh–Dole Act ignores how universities solve another dimension of the double trust problem, namely the generation of human capital. The author examines the theoretical justifications for the Bayh–Dole Act and universities and the empirical policy literature assessing university patenting and commercialization in the United States, South Africa, and India.
{"title":"Universities as Engines of Development","authors":"Shubha Ghosh","doi":"10.1515/ldr-2021-0042","DOIUrl":"https://doi.org/10.1515/ldr-2021-0042","url":null,"abstract":"Abstract 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 article shows how the Bayh–Dole Act was justified as resolving the double trust problem arising from lack of property rights in university research. This article presents the argument that this goal of the Bayh–Dole Act ignores how universities solve another dimension of the double trust problem, namely the generation of human capital. The author examines the theoretical justifications for the Bayh–Dole Act and universities and the empirical policy literature assessing university patenting and commercialization in the United States, South Africa, and India.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"95 1","pages":"723 - 751"},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79649961","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 Agenda 2030 on sustainable development promotes a holistic approach to development and emphasizes the need to leave no one behind. Regarding the rule of law, sustainable development goal (SDG) 16.3 focuses on (promoting the rule of law at the national and international levels and ensure equal access to justice for all by 2030) and the related goals and targets on justice. Changing economic conditions in recent decades have caused stagnating wages and widening economic gaps among individual citizens and regions within developed countries and this is reflected in pockets of poverty and inequality in high income countries and islands of excess wealth in developing or low-income countries, worsened by the COVID-19 pandemic. This paper examines the legal aspects of poverty and inequality in the education and health sectors in select high-income countries in sub-Saharan Africa and a Western industrialized country such as the UK, with emphasis on period poverty or poor menstrual health management (MHM) as a barrier to access to education and health due to inability to afford sanitary products. The analytical paper applies the institutionalist legislative theory and methodology (ILTAM) and the general theory of law and development, examines the role of the state in regulating the health and education sectors and concludes with key findings and recommendations on how the institutional and legal frameworks can be utilized to foster sustainable development in high-income countries in sub-Saharan Africa.
{"title":"The Role of Law in Addressing Poverty and Inequality in High Income Countries: A Comparative View of Menstrual Hygiene Management and Its Impact on Education and Health in the UK and Select High Income Sub-Saharan African Countries","authors":"Elizabeth Bakibinga, Nightingale Rukuba-Ngaiza","doi":"10.1515/ldr-2021-0040","DOIUrl":"https://doi.org/10.1515/ldr-2021-0040","url":null,"abstract":"Abstract Agenda 2030 on sustainable development promotes a holistic approach to development and emphasizes the need to leave no one behind. Regarding the rule of law, sustainable development goal (SDG) 16.3 focuses on (promoting the rule of law at the national and international levels and ensure equal access to justice for all by 2030) and the related goals and targets on justice. Changing economic conditions in recent decades have caused stagnating wages and widening economic gaps among individual citizens and regions within developed countries and this is reflected in pockets of poverty and inequality in high income countries and islands of excess wealth in developing or low-income countries, worsened by the COVID-19 pandemic. This paper examines the legal aspects of poverty and inequality in the education and health sectors in select high-income countries in sub-Saharan Africa and a Western industrialized country such as the UK, with emphasis on period poverty or poor menstrual health management (MHM) as a barrier to access to education and health due to inability to afford sanitary products. The analytical paper applies the institutionalist legislative theory and methodology (ILTAM) and the general theory of law and development, examines the role of the state in regulating the health and education sectors and concludes with key findings and recommendations on how the institutional and legal frameworks can be utilized to foster sustainable development in high-income countries in sub-Saharan Africa.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"27 1","pages":"503 - 549"},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/ldr-2021-0040","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72533417","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":"Introduction: Law and Development in High-Income Countries","authors":"Yong‐Shik Lee, H. Schäfer","doi":"10.1515/ldr-2021-0092","DOIUrl":"https://doi.org/10.1515/ldr-2021-0092","url":null,"abstract":"","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"49 46 1","pages":"323 - 325"},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73253299","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 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 reduce enforcement deficits, their involvements create the risk of regulatory gridlock, with excessive litigation lengthening approval processes which can discourage investment in public and private infrastructure. The paper discusses the implementation of the Aarhus Convention in Germany, highlights ways to overcome administrative gridlock and facilitate effective approval procedures. If implemented, these strategies will enable Germany’s economy to remain competitive, supporting the maintenance of the country’s high standard of living and strong welfare state.
{"title":"“Unlocking Legal Gridlock in High-Income Countries: How Excessive Litigation Hampers Growth and Harms Democracy”","authors":"Christian Rasquin","doi":"10.1515/ldr-2021-0087","DOIUrl":"https://doi.org/10.1515/ldr-2021-0087","url":null,"abstract":"Abstract 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 reduce enforcement deficits, their involvements create the risk of regulatory gridlock, with excessive litigation lengthening approval processes which can discourage investment in public and private infrastructure. The paper discusses the implementation of the Aarhus Convention in Germany, highlights ways to overcome administrative gridlock and facilitate effective approval procedures. If implemented, these strategies will enable Germany’s economy to remain competitive, supporting the maintenance of the country’s high standard of living and strong welfare state.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"28 1","pages":"665 - 688"},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74826849","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 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 (UK’s) ‘Brexit’ decision and the United States’ (US’) increasingly antagonistic stance toward World Trade Organization (WTO) dispute settlement beg the question as to whether fissures in the consensus are forming. This paper examines the depth of the perceived consensus and the degree to which US and UK actions signify a turning point. As part of this examination, populism’s role in promoting change in the US, UK and beyond, is explored.
{"title":"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","authors":"Sean Stacy","doi":"10.1515/ldr-2021-0048","DOIUrl":"https://doi.org/10.1515/ldr-2021-0048","url":null,"abstract":"Abstract 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 (UK’s) ‘Brexit’ decision and the United States’ (US’) increasingly antagonistic stance toward World Trade Organization (WTO) dispute settlement beg the question as to whether fissures in the consensus are forming. This paper examines the depth of the perceived consensus and the degree to which US and UK actions signify a turning point. As part of this examination, populism’s role in promoting change in the US, UK and beyond, is explored.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"22 1","pages":"689 - 722"},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73411172","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 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 when funds are transmitted internationally. This information is needed to deter money laundering. APUNCAC would allow private litigants to commence a Racketeer Influenced and Corrupt Organizations (RICO) civil action and recover three times the amount of their damages. These provisions create financial incentives for private litigants to fight corruption through civil actions. The provisions leverage private interests and align these interests in the fight against corruption. APUNCAC also includes treaty provisions designed to ensure that APUNCAC is implemented as intended. This article addresses the issue of complementarity. APUNCAC is designed to complement, rather than replace, existing domestic institutions.
{"title":"APUNCAC: An International Convention to Fight Corruption, Money Laundering, and Terrorist Financing","authors":"Stuart S. Yeh","doi":"10.1515/LDR-2021-0049","DOIUrl":"https://doi.org/10.1515/LDR-2021-0049","url":null,"abstract":"Abstract 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 when funds are transmitted internationally. This information is needed to deter money laundering. APUNCAC would allow private litigants to commence a Racketeer Influenced and Corrupt Organizations (RICO) civil action and recover three times the amount of their damages. These provisions create financial incentives for private litigants to fight corruption through civil actions. The provisions leverage private interests and align these interests in the fight against corruption. APUNCAC also includes treaty provisions designed to ensure that APUNCAC is implemented as intended. This article addresses the issue of complementarity. APUNCAC is designed to complement, rather than replace, existing domestic institutions.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"13 1","pages":"633 - 664"},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85087809","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 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 systems and services are not yet adequately developed or available to support economic activity. They serve as regulatory capacity builders, building networks of professionals, regulators, and judges contribute to ongoing innovation and capacity building. Their success at building legal regimes that add value and which are available to new classes of individuals and firms around the world makes them a model for using the legal system to foster economic development.
{"title":"International Financial Centers as a Model: Facilitating Growth and Development by Connecting to International Legal Frameworks","authors":"Charlotte Ku, Andrew P. Morriss","doi":"10.1515/ldr-2021-0047","DOIUrl":"https://doi.org/10.1515/ldr-2021-0047","url":null,"abstract":"Abstract 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 systems and services are not yet adequately developed or available to support economic activity. They serve as regulatory capacity builders, building networks of professionals, regulators, and judges contribute to ongoing innovation and capacity building. Their success at building legal regimes that add value and which are available to new classes of individuals and firms around the world makes them a model for using the legal system to foster economic development.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"2021 1","pages":"429 - 464"},"PeriodicalIF":0.3,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81345389","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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