Law and the New Developmental State

Law and the New Developmental State

Author: David M. Trubek

Publisher: Cambridge University Press

Published: 2013-05-31

Total Pages: 393

ISBN-13: 1107031591

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This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory. In Brazil since 2000, emerging forms of state activism, including a new industrial policy and a robust social policy, differ from both classic developmental state and neoliberal approaches. They favor a strong state and a strong market, employ public-private partnerships, seek to reduce inequality, and embrace the global economy. Case studies of state activism and law in Brazil show new roles emerging for legal institutions. They describe how the national development bank uses law in innovation promotion, trade law strengthens new developmental policies in export promotion and public health, and social law frames innovative poverty-relief programs that reduce inequality and stimulate demand. Contrasting Brazilian experience with Colombia and Mexico, the book underscores the unique features of Brazil's trajectory and the importance of this experience for understanding the role of law in development today.


Law and Development

Law and Development

Author: Yong-Shik Lee

Publisher: Routledge

Published: 2018-10-03

Total Pages: 199

ISBN-13: 1351368087

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The book examines the theory and practice of law and development. It reviews the evolution of law and development studies and presents a general theory of law and development. The general theory sets the conceptual parameters of "law" and "development" and explains the mechanisms by which law impacts development. In the second part, the book applies the general theory to analyze the development cases of South Korea and South Africa from legal and institutional perspectives. The book also adopts, for the first time, the law and development approaches to analyze the economic issues of the United States. It discusses why it is critical to develop the Analytical Law and Development Model or "ADM."


Law and Development

Law and Development

Author: Anthony Carty

Publisher: NYU Press

Published: 1992-08-01

Total Pages: 506

ISBN-13: 9780814714737

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This comprehensive volume brings together the major essays in the subject of law and development. The first sections concerns the relationship between legal systems and social, political and economic change in developing countries. The second section seeks to explain issues which concern law and development in the domestic context.


State Responsibility in the International Legal Order

State Responsibility in the International Legal Order

Author: Katja Creutz

Publisher: Cambridge University Press

Published: 2020-09-24

Total Pages: 379

ISBN-13: 1108788696

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State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.


The Developmental State

The Developmental State

Author: Meredith Woo-Cumings

Publisher: Cornell University Press

Published: 2019-06-30

Total Pages: 369

ISBN-13: 1501720384

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Developmental state, n.: the government, motivated by desire for economic advancement, intervenes in industrial affairs. The notion of the developmental state has come under attack in recent years. Critics charge that Japan's success in putting this notion into practice has not been replicated elsewhere, that the concept threatens the purity of freemarket economics, and that its shortcomings have led to financial turmoil in Asia. In this informative and thought-provoking book, a team of distinguished scholars revisits this notion to assess its continuing utility and establish a common vocabulary for debates on these issues. Drawing on new political and economic theories and emphasizing recent events, the authors examine the East Asian experience to show how the developmental state involves a combination of political, bureaucratic, and moneyed influences that shape economic life in the region. Taking as its point of departure Chalmers Johnson's account of the Japanese developmental state, the book explores the interplay of forces that have determined the structure of opportunity in the region. The authors critically address the argument for centralized political involvement in industrial development (with a new contribution by Johnson), describe the historical impact of colonialism and the Cold War, consider new ideas in economics, and compare the experiences of East Asian countries with those of France, Brazil, Mexico, and India.


Paper Tiger

Paper Tiger

Author: Nayanika Mathur

Publisher: Cambridge University Press

Published: 2016

Total Pages: 215

ISBN-13: 1107106974

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Paper Tiger shifts the debate on state failure and opens up new understanding of the workings of the contemporary Indian state.


Law & Capitalism

Law & Capitalism

Author: Curtis J. Milhaupt

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 281

ISBN-13: 0226525295

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Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth. Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.


Law and Development of Middle-Income Countries

Law and Development of Middle-Income Countries

Author: Randall Peerenboom

Publisher: Cambridge University Press

Published: 2014-02-10

Total Pages: 399

ISBN-13: 1107028159

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This interdisciplinary volume addresses the special challenges that middle-income countries confront from both a theoretical and a practical perspective.


Beyond Law and Development

Beyond Law and Development

Author: Sam Adelman

Publisher: Routledge

Published: 2022-04-27

Total Pages: 258

ISBN-13: 1351427482

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The book highlights new imaginaries required to transcend traditional approaches to law and development. The authors focus on injustices and harms to people and the environment, and confront global injustices involving impoverishment, patriarchy, forced migration, global pandemics and intellectual rights in traditional medicine resulting from maldevelopment, bad governance and aftermaths of colonialism. New imaginaries emphasise deconstruction of fashionable myths of law, development, human rights, governance and post-coloniality to focus on communal and feminist relationality, non-western legal systems, personal responsibility for justice and forms of resistance to injustices. The book will be of interest to students and scholars of development, law and development, feminism, international law, environmental law, governance, politics, international relations, social justice and activism.