Abstract 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 law can claim, and that states should accord it. The implausibility of achieving international consensus on these questions constitutes a substantial objection to the harmonization of investment law or the consistent operation of a multilateral investment court.
{"title":"Justice and Authority in Investment Protection","authors":"O. Suttle","doi":"10.1515/ldr-2021-0097","DOIUrl":"https://doi.org/10.1515/ldr-2021-0097","url":null,"abstract":"Abstract 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 law can claim, and that states should accord it. The implausibility of achieving international consensus on these questions constitutes a substantial objection to the harmonization of investment law or the consistent operation of a multilateral investment court.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77260260","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 rise of Germany from the nineteenth century to explain that it is open access in the economic sphere, as well as institutional building related to the protection of property rights, contract enforcement, financial markets, rule of law, and human resource accumulation that determine economic and human development. The case of Germany is not very consistent with the logic of the open access orders of North et al. or the theory of extractive political institutions of Acemoglu and Robinson along the line of contestation and inclusiveness. The case of Germany is, however, able to support the research of Przeworski and Limongi that economic development is more likely to sustain democracy. Germany is certainly not the only case in explaining that stable democracy is not the cause but rather the consequence or outcome of lengthy economic development. The historical evidence from South Korea and Taiwan similarly supports the position that democracy is the outcome of economic and political development. This article, however, does not examine whether western values of human equality and human freedom are essential in economic and human development. They are very likely to be so as human equality is the precondition of open access in the economic sphere and human freedom is closely integrated with the interconnected institutions examined in this article. Future research may investigate the roles of these values in different political systems regardless of whether a political system is under the rule of one party, by a dominant party, or through the utilization of a multiparty system.
{"title":"The Rise of Germany in the Nineteenth and Twentieth Centuries and Sustaining Democracy","authors":"Guanghua Yu","doi":"10.1515/ldr-2021-0091","DOIUrl":"https://doi.org/10.1515/ldr-2021-0091","url":null,"abstract":"Abstract This article examines the rise of Germany from the nineteenth century to explain that it is open access in the economic sphere, as well as institutional building related to the protection of property rights, contract enforcement, financial markets, rule of law, and human resource accumulation that determine economic and human development. The case of Germany is not very consistent with the logic of the open access orders of North et al. or the theory of extractive political institutions of Acemoglu and Robinson along the line of contestation and inclusiveness. The case of Germany is, however, able to support the research of Przeworski and Limongi that economic development is more likely to sustain democracy. Germany is certainly not the only case in explaining that stable democracy is not the cause but rather the consequence or outcome of lengthy economic development. The historical evidence from South Korea and Taiwan similarly supports the position that democracy is the outcome of economic and political development. This article, however, does not examine whether western values of human equality and human freedom are essential in economic and human development. They are very likely to be so as human equality is the precondition of open access in the economic sphere and human freedom is closely integrated with the interconnected institutions examined in this article. Future research may investigate the roles of these values in different political systems regardless of whether a political system is under the rule of one party, by a dominant party, or through the utilization of a multiparty system.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77635655","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 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 of sanctions were yet to be felt. We observed a perception that the administration of civil justice was not uniformly corrupt, but that in ‘political’ cases, that is, those involving state officials or powerful private interests, judicial decisions could in effect be bought and sold. This commodification of civil justice was the result of an empowered but predatory state. While the state was strong enough to engage in predation, however, it was seen as lacking the capacity to manage the economy in an effective way or to deliver essential public goods. We consider the implications of our findings for a conception of the rule of law as an emergent social norm. We conclude that the 1990s policy of weakening the state through privatisation and the removal of regulatory controls, a policy designed to ensure that the command economy did not return, has left Russia with a dysfunctional public order, under which the ‘normality’ envisaged by the reforms of the 1990s is a distant prospect.
{"title":"The Rule of Law as an Emergent Social Norm: Evidence from Qualitative Research in Russia","authors":"S. Borodina, S. Deakin, J. Hamilton","doi":"10.1515/ldr-2021-0063","DOIUrl":"https://doi.org/10.1515/ldr-2021-0063","url":null,"abstract":"Abstract 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 of sanctions were yet to be felt. We observed a perception that the administration of civil justice was not uniformly corrupt, but that in ‘political’ cases, that is, those involving state officials or powerful private interests, judicial decisions could in effect be bought and sold. This commodification of civil justice was the result of an empowered but predatory state. While the state was strong enough to engage in predation, however, it was seen as lacking the capacity to manage the economy in an effective way or to deliver essential public goods. We consider the implications of our findings for a conception of the rule of law as an emergent social norm. We conclude that the 1990s policy of weakening the state through privatisation and the removal of regulatory controls, a policy designed to ensure that the command economy did not return, has left Russia with a dysfunctional public order, under which the ‘normality’ envisaged by the reforms of the 1990s is a distant prospect.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80133172","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}
A. Adewopo, Desmond O. Oriakhogba, Chijioke Okorie
Abstract 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 paper to that process, with a focus on key policy considerations that should form Nigeria’s negotiation priorities on IPRs. This article describes some of the most important points of our submission and concludes by stressing that the broad policy focus should be to champion initiatives that promote Nigeria’s national interest and, at the same time, recognize and accommodate the ideals of inclusiveness, openness, and collaboration within the context of the AfCFTA. In this regard, the paper recommends that Nigeria should prioritize negotiations in recognition of her strongest economic assets in copyright-related sectors and focus on institutional capacity-building for its patent and technology transfer offices so that Nigeria can effectively take advantage of the relevant Trade-Related Aspects of Intellectual Property Rights flexibilities locally. Nigeria can learn from South Africa in domesticating the appropriate legal framework for benefit sharing and the general protection of traditional knowledge and genetic resources. The Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore 2010, the Arusha Protocol for the Protection of New Varieties of Plants 2015, and the African Union model law for the protection of the rights of local communities, farmers, breeders, and for the regulation of access to biological resources offer relevant guidance.
{"title":"Negotiating the Intellectual Property Protocol under the Agreement Establishing the African Continental Free Trade Area: Priorities and Opportunities for Nigeria","authors":"A. Adewopo, Desmond O. Oriakhogba, Chijioke Okorie","doi":"10.1515/ldr-2021-0064","DOIUrl":"https://doi.org/10.1515/ldr-2021-0064","url":null,"abstract":"Abstract 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 paper to that process, with a focus on key policy considerations that should form Nigeria’s negotiation priorities on IPRs. This article describes some of the most important points of our submission and concludes by stressing that the broad policy focus should be to champion initiatives that promote Nigeria’s national interest and, at the same time, recognize and accommodate the ideals of inclusiveness, openness, and collaboration within the context of the AfCFTA. In this regard, the paper recommends that Nigeria should prioritize negotiations in recognition of her strongest economic assets in copyright-related sectors and focus on institutional capacity-building for its patent and technology transfer offices so that Nigeria can effectively take advantage of the relevant Trade-Related Aspects of Intellectual Property Rights flexibilities locally. Nigeria can learn from South Africa in domesticating the appropriate legal framework for benefit sharing and the general protection of traditional knowledge and genetic resources. The Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore 2010, the Arusha Protocol for the Protection of New Varieties of Plants 2015, and the African Union model law for the protection of the rights of local communities, farmers, breeders, and for the regulation of access to biological resources offer relevant guidance.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84980890","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}
Krzysztof Głowacki, C. Hartwell, Kateryna Karunska, J. Kurczewski, Elisabeth Botsch, Tom Göhring, Weronika Priesmeyer-Tkocz
Abstract 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, and the functioning of market economy in the examples of two geographically contiguous yet often-diverging countries, namely Germany and Poland. We utilise two approaches to examine this issue, first studying societal perceptions of the various dimensions of the rule of law by way of standardized surveys and in-depth interviews conducted in both countries to determine the de facto state of the rule of law in the economic context. Secondly, we measure the effect of the de jure and de facto rule of law on economic outcomes using a multivariate panel analysis. Combining new institutional economics and sociology of law, our analysis finds that Polish firms perceive the rule of law and its execution by the state in a restrictive perspective, contributing to insecurity. German interviewees, however, showcase the supportive and transaction cost-reducing properties of the rule of law, displaying higher trust in the state. These findings are supported by an econometric analysis of the drivers of rule of law in both Poland and Germany, which shows the importance of rule of law in terms of a level playing field contributing to higher levels of investment.
{"title":"The Rule of Law and Its Social Reception as Determinants of Economic Development: A Comparative Analysis of Germany and Poland","authors":"Krzysztof Głowacki, C. Hartwell, Kateryna Karunska, J. Kurczewski, Elisabeth Botsch, Tom Göhring, Weronika Priesmeyer-Tkocz","doi":"10.1515/ldr-2021-0043","DOIUrl":"https://doi.org/10.1515/ldr-2021-0043","url":null,"abstract":"Abstract 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, and the functioning of market economy in the examples of two geographically contiguous yet often-diverging countries, namely Germany and Poland. We utilise two approaches to examine this issue, first studying societal perceptions of the various dimensions of the rule of law by way of standardized surveys and in-depth interviews conducted in both countries to determine the de facto state of the rule of law in the economic context. Secondly, we measure the effect of the de jure and de facto rule of law on economic outcomes using a multivariate panel analysis. Combining new institutional economics and sociology of law, our analysis finds that Polish firms perceive the rule of law and its execution by the state in a restrictive perspective, contributing to insecurity. German interviewees, however, showcase the supportive and transaction cost-reducing properties of the rule of law, displaying higher trust in the state. These findings are supported by an econometric analysis of the drivers of rule of law in both Poland and Germany, which shows the importance of rule of law in terms of a level playing field contributing to higher levels of investment.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89672857","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 Economic development is the term that has been associated with less developed countries in the Third World (“developing countries”), not the economically advanced countries (“developed countries”), such as the United States. However, the changing economic conditions in recent decades, such as the widening income gaps among individual citizens and regions within developed countries, stagnant economic growth deepening economic polarization, and an institutional incapacity to deal with these issues, render the concept of economic development relevant to the assessment of the economic problems in developed countries. In the United States, these economic problems caused a significant political consequence such as the unexpected outcome of the presidential election in 2016. This article examines the applicability of the legal and institutional approaches, which were originally adopted to stimulate economic development in successful developing countries, to the economic problems in the United States.
{"title":"Law and Development in the United States","authors":"Yong‐Shik Lee","doi":"10.1515/ldr-2021-0070","DOIUrl":"https://doi.org/10.1515/ldr-2021-0070","url":null,"abstract":"Abstract Economic development is the term that has been associated with less developed countries in the Third World (“developing countries”), not the economically advanced countries (“developed countries”), such as the United States. However, the changing economic conditions in recent decades, such as the widening income gaps among individual citizens and regions within developed countries, stagnant economic growth deepening economic polarization, and an institutional incapacity to deal with these issues, render the concept of economic development relevant to the assessment of the economic problems in developed countries. In the United States, these economic problems caused a significant political consequence such as the unexpected outcome of the presidential election in 2016. This article examines the applicability of the legal and institutional approaches, which were originally adopted to stimulate economic development in successful developing countries, to the economic problems in the United States.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83155367","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 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 raised interest in the role played by institutions in shaping executive pay decisions and also in what role they might play in resolving these issues. This paper looks at the role played by one such institution, the courts, with two ends in mind. The first is to gain an empirical understanding of what the courts actually do with respect to executive pay disputes. It does so by examining a set of decisions by Canadian courts between 1876 and 2018 collected by the author in which the claim of a corporate executive to their pay was at issue in order to get a better picture of how the courts are accessed, who relies on them, what rules they use, how the courts respond and how trends in these have evolved over time. It finds that the litigation of executive pay disputes has varied widely over time with a variety of stakeholders using a variety of legal areas – corporate law, contract law and bankruptcy/arrangement law in particular – to dispute the entitlement of executives to their pay. In recent years however litigation has come to be dominated by oppression remedy applications, with plaintiffs being successful in challenging pay in a majority of decisions. This paints a significantly different picture of the role of the courts than that developed in the American literature which focuses almost exclusively on shareholder use of derivative actions to monitor pay decisions. The second is to examine how better use might be made of the courts in order to remedy the broader problems for corporate stakeholders and society as a whole that corporate executive pay practice presents. It suggests that an expanded role for the oppression remedy by corporate employees should be considered as a policy option which would better reflect a stakeholder model of governance and address broader inequality concerns at the same time.
{"title":"The Courts and Corporate Executive Compensation in Canada","authors":"S. McGinty","doi":"10.1515/ldr-2021-0046","DOIUrl":"https://doi.org/10.1515/ldr-2021-0046","url":null,"abstract":"Abstract 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 raised interest in the role played by institutions in shaping executive pay decisions and also in what role they might play in resolving these issues. This paper looks at the role played by one such institution, the courts, with two ends in mind. The first is to gain an empirical understanding of what the courts actually do with respect to executive pay disputes. It does so by examining a set of decisions by Canadian courts between 1876 and 2018 collected by the author in which the claim of a corporate executive to their pay was at issue in order to get a better picture of how the courts are accessed, who relies on them, what rules they use, how the courts respond and how trends in these have evolved over time. It finds that the litigation of executive pay disputes has varied widely over time with a variety of stakeholders using a variety of legal areas – corporate law, contract law and bankruptcy/arrangement law in particular – to dispute the entitlement of executives to their pay. In recent years however litigation has come to be dominated by oppression remedy applications, with plaintiffs being successful in challenging pay in a majority of decisions. This paints a significantly different picture of the role of the courts than that developed in the American literature which focuses almost exclusively on shareholder use of derivative actions to monitor pay decisions. The second is to examine how better use might be made of the courts in order to remedy the broader problems for corporate stakeholders and society as a whole that corporate executive pay practice presents. It suggests that an expanded role for the oppression remedy by corporate employees should be considered as a policy option which would better reflect a stakeholder model of governance and address broader inequality concerns at the same time.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81924313","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 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 promoting economic and political participation and leadership of women, namely, the Act on Promotion of Women’s Participation and Advancement in the Workplace (2015) and the Act on Promotion of Gender Equality in the Political Field (2018), Japan’s global ranking on gender equality was lowered further by a widening of the political gender gap and remaining dearth of female managers. This study analyses the effectiveness of the legal frameworks aimed at improving gender equality, through assessing their regulatory design, compliance, and implementation. It also highlights how gender norms underlining the international human rights law and international development agenda have affected the development and implementation of those legal frameworks. The paper concludes that the laws aimed to promote women’s leadership in the economic and political spheres have not fully performed to achieve intended goals because of their weak enforcement mechanism, the lack of strong political will as well as insufficient awareness raising and advocacy to bring about transformative changes of gendered practices embedded in social context and practice. The partnerships among global and local stakeholders including international organisations, governments, business, media, civil society, and people with diverse backgrounds are essential to provide the necessary momentum to drive the laws to work effectively on the ground, through transnational and local advocacy. Japanese society is standing at a critical juncture to advance equal voice in economic and political decision making, which is a core of democratic governance and sustainable development based on the principle of leaving no one behind.
{"title":"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","authors":"Aya Hatano","doi":"10.1515/ldr-2021-0044","DOIUrl":"https://doi.org/10.1515/ldr-2021-0044","url":null,"abstract":"Abstract 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 promoting economic and political participation and leadership of women, namely, the Act on Promotion of Women’s Participation and Advancement in the Workplace (2015) and the Act on Promotion of Gender Equality in the Political Field (2018), Japan’s global ranking on gender equality was lowered further by a widening of the political gender gap and remaining dearth of female managers. This study analyses the effectiveness of the legal frameworks aimed at improving gender equality, through assessing their regulatory design, compliance, and implementation. It also highlights how gender norms underlining the international human rights law and international development agenda have affected the development and implementation of those legal frameworks. The paper concludes that the laws aimed to promote women’s leadership in the economic and political spheres have not fully performed to achieve intended goals because of their weak enforcement mechanism, the lack of strong political will as well as insufficient awareness raising and advocacy to bring about transformative changes of gendered practices embedded in social context and practice. The partnerships among global and local stakeholders including international organisations, governments, business, media, civil society, and people with diverse backgrounds are essential to provide the necessary momentum to drive the laws to work effectively on the ground, through transnational and local advocacy. Japanese society is standing at a critical juncture to advance equal voice in economic and political decision making, which is a core of democratic governance and sustainable development based on the principle of leaving no one behind.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75835590","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 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 nations is an issue of incredible systemic importance to international law; it should be pushed further up the agenda when it comes to devising the laws between them because this will, on balance, assist in creating a more peaceful and prosperous world underpinned by an effective law of nations that is up to the types of contemporary challenges which of necessity require more cooperation between states. Accordingly, from the perspective of this paper, international lawyers should, at a minimum do the following (i) give consideration to the direction of distributional trends within nations when attempting to understand how current international law works (i.e. how it formed, evolves and the extent to which it is respected and adhered to); (ii) give consideration to these same trends when conceptualising and designing the international law(s) of the future and (iii) to the extent necessary, think about the development of the mechanisms at the international law level that encourage and enable the reduction of economic inequality within nations with a view to ensuring that the better functioning, at a systemic level, of the international legal system in general, as well as the various parts of which that system is comprised.
{"title":"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","authors":"Alexander Beyleveld","doi":"10.1515/ldr-2021-0057","DOIUrl":"https://doi.org/10.1515/ldr-2021-0057","url":null,"abstract":"Abstract 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 nations is an issue of incredible systemic importance to international law; it should be pushed further up the agenda when it comes to devising the laws between them because this will, on balance, assist in creating a more peaceful and prosperous world underpinned by an effective law of nations that is up to the types of contemporary challenges which of necessity require more cooperation between states. Accordingly, from the perspective of this paper, international lawyers should, at a minimum do the following (i) give consideration to the direction of distributional trends within nations when attempting to understand how current international law works (i.e. how it formed, evolves and the extent to which it is respected and adhered to); (ii) give consideration to these same trends when conceptualising and designing the international law(s) of the future and (iii) to the extent necessary, think about the development of the mechanisms at the international law level that encourage and enable the reduction of economic inequality within nations with a view to ensuring that the better functioning, at a systemic level, of the international legal system in general, as well as the various parts of which that system is comprised.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75866023","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 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":null,"pages":null},"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}
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