Pub Date : 2021-01-01DOI: 10.1515/ldr-2021-frontmatter1
{"title":"Frontmatter","authors":"","doi":"10.1515/ldr-2021-frontmatter1","DOIUrl":"https://doi.org/10.1515/ldr-2021-frontmatter1","url":null,"abstract":"","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73469662","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 Property rights are contentious in any jurisdiction. But the right to property in India, adopted as a fundamental right in Article 31 of the Constitution of the India, 1950 (“Article”), has had a particularly tumultuous legal and political history. It holds the distinction of being the second most debated Article in the Constituent Assembly, the most amended provision of the Constitution and the only fundamental right to ever be deleted. The history of the Article is commonly understood as arising from an ideological institutional conflict between a Parliament in pursuit of socialism and a judiciary safeguarding individual freedoms. However, looking at the Article and its initial amendments from a “law and development” perspective provides a critique of the current narrative of “conflict” and offers an alternative interpretation of the history of Article 31. The paper argues that rather than arising from the pursuit of either authoritarian socialist planning or an egalitarian social revolution, the travails of the Article came in the context of India’s quest for economic modernity through a process of “passive revolution”. The powers of eminent domain reinforced in the Article empowered the state to modernise economic relations in industry and agriculture by restructuring a semi-feudal pre-capitalist property rights regime established during colonialism along productive capitalist lines. In this process, the Article helped to consolidate the powers of the developmental state in the domain of economic policy; forged the relationship between state, market and the individual; and helped shape the regime of private property rights in India. Understanding the evolution of the fundamental right to property in India therefore, not only tells a key part of India’s development story but also contributes to the “law and development” literature by assimilating diverse historical experiences within its framework, which, as critics have long argued, tends to have a strong Eurocentric bias.
{"title":"The Evolution of the Right to Property in India: From a Law and Development Perspective","authors":"R. Venkatesan","doi":"10.1515/ldr-2020-0081","DOIUrl":"https://doi.org/10.1515/ldr-2020-0081","url":null,"abstract":"Abstract Property rights are contentious in any jurisdiction. But the right to property in India, adopted as a fundamental right in Article 31 of the Constitution of the India, 1950 (“Article”), has had a particularly tumultuous legal and political history. It holds the distinction of being the second most debated Article in the Constituent Assembly, the most amended provision of the Constitution and the only fundamental right to ever be deleted. The history of the Article is commonly understood as arising from an ideological institutional conflict between a Parliament in pursuit of socialism and a judiciary safeguarding individual freedoms. However, looking at the Article and its initial amendments from a “law and development” perspective provides a critique of the current narrative of “conflict” and offers an alternative interpretation of the history of Article 31. The paper argues that rather than arising from the pursuit of either authoritarian socialist planning or an egalitarian social revolution, the travails of the Article came in the context of India’s quest for economic modernity through a process of “passive revolution”. The powers of eminent domain reinforced in the Article empowered the state to modernise economic relations in industry and agriculture by restructuring a semi-feudal pre-capitalist property rights regime established during colonialism along productive capitalist lines. In this process, the Article helped to consolidate the powers of the developmental state in the domain of economic policy; forged the relationship between state, market and the individual; and helped shape the regime of private property rights in India. Understanding the evolution of the fundamental right to property in India therefore, not only tells a key part of India’s development story but also contributes to the “law and development” literature by assimilating diverse historical experiences within its framework, which, as critics have long argued, tends to have a strong Eurocentric bias.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2020-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88957968","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":"A Land of Milk and Butter: How Elites Created the Modern Danish Dairy Industry","authors":"Yaprak Aydın","doi":"10.1515/ldr-2020-0087","DOIUrl":"https://doi.org/10.1515/ldr-2020-0087","url":null,"abstract":"","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2020-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78901186","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 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 Partnership (TPP) and Regional Comprehensive Economic Partnership (RCEP), respectively, raised a question on their attraction. One of the major underlying objectives of RTAs is to deepen intra-bloc participation in regional value chains (RVCs) and International Production Networks (IPNs), through adoption of reformed rules of origin (ROO) provisions and mutual recognition agreements (MRA) for standard harmonization. This article, through an analysis of the RVC–IPN participation of the RCEP countries, attempts to understand to what extent the Indian pullout from RCEP can be linked to its unfulfilled expectations. The observations indicate that, relatively modest participation in the RVCs, declining domestic value added content of exports and the associated adverse trade balance scenario have critically shaped the Indian standpoint. The evolving Indian orientation towards trade remedy mechanism can be viewed in this backdrop. The analysis concludes that in the post-coronavirus disease 2019 (COVID-19) period, the Indian decision to consolidate domestic manufacturing sector needs to acknowledge the reality rather than being guided by the rhetoric.
{"title":"The Mystery of Reciprocal Demand for Regional Trade Partnership: Indian Experience in RCEP Regional Value Chains","authors":"D. Chakraborty, J. Chaisse","doi":"10.1515/ldr-2020-0078","DOIUrl":"https://doi.org/10.1515/ldr-2020-0078","url":null,"abstract":"Abstract 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 Partnership (TPP) and Regional Comprehensive Economic Partnership (RCEP), respectively, raised a question on their attraction. One of the major underlying objectives of RTAs is to deepen intra-bloc participation in regional value chains (RVCs) and International Production Networks (IPNs), through adoption of reformed rules of origin (ROO) provisions and mutual recognition agreements (MRA) for standard harmonization. This article, through an analysis of the RVC–IPN participation of the RCEP countries, attempts to understand to what extent the Indian pullout from RCEP can be linked to its unfulfilled expectations. The observations indicate that, relatively modest participation in the RVCs, declining domestic value added content of exports and the associated adverse trade balance scenario have critically shaped the Indian standpoint. The evolving Indian orientation towards trade remedy mechanism can be viewed in this backdrop. The analysis concludes that in the post-coronavirus disease 2019 (COVID-19) period, the Indian decision to consolidate domestic manufacturing sector needs to acknowledge the reality rather than being guided by the rhetoric.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2020-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88575114","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 By the late 1990s, international financial institutions prescribed a ‘good governance’ paradigm that sought to empower the judiciary to curb ‘state capture’ by the corrupt political elites of developing countries. Good governance was supposed to act as a midwife to economic development, providing the ‘rule of law’ for the free market reforms of structural adjustment programs that had hitherto failed to provide much success. This article examines the implementation of ‘good governance’ in Pakistan, arguing that empowering the judiciary served to weaken an already weak legislature. The tangible issues of popular political representation and economic redistribution were displaced by the discourses on the control of corruption and the rule of law. Based on this experience, the article encourages a shift in law and developmental theorizing to focus on forms of legislature and democratic rule and a redefined role for the ‘civil society’ within this.
{"title":"A Strong Judiciary as a Crisis for Democracy: A ‘Law and Development’ Study from Pakistan","authors":"Muhammad Azeem","doi":"10.1515/LDR-2020-0018","DOIUrl":"https://doi.org/10.1515/LDR-2020-0018","url":null,"abstract":"Abstract By the late 1990s, international financial institutions prescribed a ‘good governance’ paradigm that sought to empower the judiciary to curb ‘state capture’ by the corrupt political elites of developing countries. Good governance was supposed to act as a midwife to economic development, providing the ‘rule of law’ for the free market reforms of structural adjustment programs that had hitherto failed to provide much success. This article examines the implementation of ‘good governance’ in Pakistan, arguing that empowering the judiciary served to weaken an already weak legislature. The tangible issues of popular political representation and economic redistribution were displaced by the discourses on the control of corruption and the rule of law. Based on this experience, the article encourages a shift in law and developmental theorizing to focus on forms of legislature and democratic rule and a redefined role for the ‘civil society’ within this.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2020-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78416807","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":"Perverse Development from Short-lived Liberalization to Authoritarianism in Russia: Law as a Tool for the Authorities’ Interests","authors":"Sergey Marochkin, S. Racheva","doi":"10.1515/LDR-2020-0064","DOIUrl":"https://doi.org/10.1515/LDR-2020-0064","url":null,"abstract":"","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2020-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77956651","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}
Jane Ezirigwe, Chinelo Ojike, E. Amechi, A. Adewopo
Abstract 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. This article discusses the dynamics of food security imperatives brought about by COVID-19 pandemic. It examines the mitigating efforts of sub-Saharan African governments in addressing COVID-19 and how this effort impacts the attainment of SDGs One, Two, Three and 12. It finds that while the pandemic provides an opportunity for governments to strengthen their commitments, it raises questions on the ambitious global efforts to deliver SDGs by 2030. It recommends that African governments need to maximize intra-African trade with investments in agricultural biotechnological infrastructure in order to close the gap between the targets and the realities, in the efforts towards achieving the SDGs.
{"title":"‘COVID-19/Food Insecurity Syndemic’: Navigating the Realities of Food Security Imperatives of Sustainable Development Goals in Africa","authors":"Jane Ezirigwe, Chinelo Ojike, E. Amechi, A. Adewopo","doi":"10.1515/LDR-2020-0071","DOIUrl":"https://doi.org/10.1515/LDR-2020-0071","url":null,"abstract":"Abstract 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. This article discusses the dynamics of food security imperatives brought about by COVID-19 pandemic. It examines the mitigating efforts of sub-Saharan African governments in addressing COVID-19 and how this effort impacts the attainment of SDGs One, Two, Three and 12. It finds that while the pandemic provides an opportunity for governments to strengthen their commitments, it raises questions on the ambitious global efforts to deliver SDGs by 2030. It recommends that African governments need to maximize intra-African trade with investments in agricultural biotechnological infrastructure in order to close the gap between the targets and the realities, in the efforts towards achieving the SDGs.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2020-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74547800","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 In the vast literature on natural disasters one aspect is largely unexplored, and this is the two-way relationship between natural disasters and the performance of public (government) institutions responsible for mitigating these natural disasters. The first relationship is that poor performance of public institutions responsible for mitigating natural disasters worsens the impact of natural disasters. The disaster literature is silent on the second relationship that, I argue, exists between natural disasters and public institutions: natural disasters can overwhelm the public institutions responsible for mitigating natural disasters and, as a result, it may make them even more ineffective. This paper is my attempt to fill this gap. I argue that this two-way relationship creates a particularly serious problem for developing countries, having the potential to trap developing countries in a vicious cycle: poor performance of public institutions triggering natural disasters, and natural disasters making public institutions more ineffective by overwhelming them. The exploration of this two-way relationship is necessary to have a more nuanced understanding of the ways in which natural disasters can detrimentally impact developing countries. The paper concludes that to break this vicious cycle, as a first step developing countries need to focus on institutional reform. Reform proposals should aim at improving the performance of the public institutions that are directly responsible for mitigating natural disasters. To address this challenge, scholars and governments must specifically identify the public institutions that are responsible for particular activities under review. Only then can the following questions be explored: what are the weaknesses of such public institutions, and how can their performance be improved?
{"title":"Natural Disasters and Weak Government Institutions: Creating a Vicious Cycle that Ensnares Developing Countries","authors":"Kanksha Mahadevia Ghimire","doi":"10.1515/ldr-2020-0014","DOIUrl":"https://doi.org/10.1515/ldr-2020-0014","url":null,"abstract":"Abstract In the vast literature on natural disasters one aspect is largely unexplored, and this is the two-way relationship between natural disasters and the performance of public (government) institutions responsible for mitigating these natural disasters. The first relationship is that poor performance of public institutions responsible for mitigating natural disasters worsens the impact of natural disasters. The disaster literature is silent on the second relationship that, I argue, exists between natural disasters and public institutions: natural disasters can overwhelm the public institutions responsible for mitigating natural disasters and, as a result, it may make them even more ineffective. This paper is my attempt to fill this gap. I argue that this two-way relationship creates a particularly serious problem for developing countries, having the potential to trap developing countries in a vicious cycle: poor performance of public institutions triggering natural disasters, and natural disasters making public institutions more ineffective by overwhelming them. The exploration of this two-way relationship is necessary to have a more nuanced understanding of the ways in which natural disasters can detrimentally impact developing countries. The paper concludes that to break this vicious cycle, as a first step developing countries need to focus on institutional reform. Reform proposals should aim at improving the performance of the public institutions that are directly responsible for mitigating natural disasters. To address this challenge, scholars and governments must specifically identify the public institutions that are responsible for particular activities under review. Only then can the following questions be explored: what are the weaknesses of such public institutions, and how can their performance be improved?","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2020-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78928561","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 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 of the increased powers of the Constitutional Court of the Republic of Serbia, the purpose of which is to protect rights and freedoms. The leading method in this study is the system analysis method, which allows us to assess the significance of the constitutional complaints institution in Serbia. Studying the current regulation of the competence of the Constitutional Court of Serbia, the author concludes that the significantly expanded competence of the Constitutional Court of Serbia fully reflects its status as a constitutional body representing the fourth judicial control authority in the state. It also ensures the supremacy of the Constitution and protects the foundations of the constitutional system of Serbia, including protection of rights and freedoms in the Republic of Serbia.
{"title":"Constitutional Court as Constitutional Complaint Institution: Evidence from Serbia","authors":"Konstantin A. Polovchenko","doi":"10.1515/ldr-2020-0013","DOIUrl":"https://doi.org/10.1515/ldr-2020-0013","url":null,"abstract":"Abstract 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 of the increased powers of the Constitutional Court of the Republic of Serbia, the purpose of which is to protect rights and freedoms. The leading method in this study is the system analysis method, which allows us to assess the significance of the constitutional complaints institution in Serbia. Studying the current regulation of the competence of the Constitutional Court of Serbia, the author concludes that the significantly expanded competence of the Constitutional Court of Serbia fully reflects its status as a constitutional body representing the fourth judicial control authority in the state. It also ensures the supremacy of the Constitution and protects the foundations of the constitutional system of Serbia, including protection of rights and freedoms in the Republic of Serbia.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2020-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82481972","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 : 2020-06-01DOI: 10.1515/ldr-2020-frontmatter2
{"title":"Frontmatter","authors":"","doi":"10.1515/ldr-2020-frontmatter2","DOIUrl":"https://doi.org/10.1515/ldr-2020-frontmatter2","url":null,"abstract":"","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87196935","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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