Regional Developmentalism through Law
Regional Developmentalism through Law

Author: Jonathan Bashi Rudahindwa

Publisher: Routledge

Published: 2018-05-20

Total Pages: 244

ISBN-13: 1351670336

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Offering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and to harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent’s approach towards regional integration. It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives. Proposing the concept of "Regional Developmentalism Through Law" as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.

The Oxford Handbook of Comparative Regionalism
The Oxford Handbook of Comparative Regionalism

Author: Tanja A. Börzel

Publisher: Oxford University Press

Published: 2016

Total Pages: 705

ISBN-13: 0199682305

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The Oxford Handbook of Comparative Regionalism - the first of its kind - offers a systematic and wide-ranging survey of the scholarship on regionalism, regionalization, and regional governance. Unpacking the major debates, leading authors of the field synthesize the state of the art, provide a guide to the comparative study of regionalism, and identify future avenues of research. Twenty-seven chapters review the theoretical and empirical scholarship with regard to the emergence of regionalism, the institutional design of regional organizations and issue-specific governance, as well as the effects of regionalism and its relationship with processes of regionalization. The authors explore theories of cooperation, integration, and diffusion explaining the rise and the different forms of regionalism. The handbook also discusses the state of the art on the world regions: North America, Latin America, Europe, Eurasia, Asia, North Africa and the Middle East, and Sub-Saharan Africa. Various chapters survey the literature on regional governance in major issue areas such as security and peace, trade and finance, environment, migration, social and gender policies, as well as democracy and human rights. Finally, the handbook engages in cross-regional comparisons with regard to institutional design, dispute settlement, identities and communities, legitimacy and democracy, as well as inter- and transregionalism.

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.

Natural Resource Sovereignty and the Right to Development in Africa
Natural Resource Sovereignty and the Right to Development in Africa

Author: Carol Chi Ngang

Publisher: Routledge

Published: 2021-08-25

Total Pages: 247

ISBN-13: 100043379X

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This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent’s natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.

Legal Protection and Sustainability of Chinese Investments in Africa
Legal Protection and Sustainability of Chinese Investments in Africa

Author: Xiuli Han

Publisher: Springer Nature

Published: 2022-08-26

Total Pages: 400

ISBN-13: 9811918821

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This book attempts to illustrate the whole picture of international investment rule of law between China and African countries and find the way forward through combining theory and practice. It is a book by a Chinese professor based on her long-term research experience in the international investment law field and her African field work in person. Its main feature is its well-balanced thinking on the structure of investment international rule of law. It should be the most comprehensive research on the international investment rule of law between China and African countries. With the increase of Chinese investment in Africa, various discussions and viewpoints on Chinese investment in Africa have become striking. The purpose of this book is to explore systematically the protection and sustainability of Chinese investment under the concept and framework of the international investment rule of law, so as to serve the sustainable development of Africa and China. For the purpose of this book, great importance is attached to the idea of the international rule of law, and the international investment law with the function of rule of law is adhered to. The conclusion of this book is that China should take proactive steps to protect Chinese investment in Africa and regulate Chinese overseas investors and their investments in addition to complying with the laws in the host states and thus make them conductive to African and Chinese sustainable development; however, the most significant issue is that China-Africa investment relations should be regulated by the evolving and specific international investment rule of law, and the China-Africa international investment rule of law should conform to normative in form, support common sustainable development in value, and reflect the social reality of China and Africa. For both researchers and students, it is an approach to understand international investment rule of law from a perspective of China and Africa. For those who are interested in China and Africa, it is a useful reference book.

The Emergent African Union Law
The Emergent African Union Law

Author: Olufemi Amao

Publisher: Oxford University Press

Published: 2021-10-07

Total Pages: 497

ISBN-13: 0192606778

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This book is a groundbreaking study of the emergence of a unique African Union legal system, with contributions from a diverse collection of scholars and practitioners. It highlights how law stands at the heart of the successful regional integration effort in Africa and explores, among either issues, the extent to which African Union law is having an impact on domestic laws. This trend has been particularly noticeable in the area of human rights, the rule of law, democratic principles, and aspects of constitutional law. Furthermore, the book examines how the African Union is engendering new norms from its legal order, such as the non-indifference norm, the norm on unconstitutional change of government, free trade, free movement of people, economic regulation, and democratic constitutionalism. The book also analyses how the African Union legal order has led to the emergence of a continental-level judicial system. The quasi-judicial system put in place under the African Charter on Human and Peoples' Rights, and administered by the African Commission on Human and Peoples' Rights, is now complemented by the African Court on Human and Peoples' Rights. This book contends that the continental-level judicial system is playing a crucial role in the moulding of emergent norms.

Decadent Developmentalism
Decadent Developmentalism

Author: Matthew M. Taylor

Publisher: Cambridge University Press

Published: 2020-11-12

Total Pages: 385

ISBN-13: 1108842283

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Complementarities between political and economic institutions have kept Brazil in a low-level economic equilibrium since 1985.

Developmental Regionalism and Economic Transformation in Southern Africa
Developmental Regionalism and Economic Transformation in Southern Africa

Author: Said Adejumobi

Publisher: Taylor & Francis

Published: 2020-09-01

Total Pages: 271

ISBN-13: 1351053566

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Interrogating the notion of developmental regionalism as applies to Southern Africa, this volume explores the policy options and interventions necessary to ensure a peaceful and stable regional development process. With a focus on the Southern African Development Community (SADC), the contributions explore how regional institutions such as this can be drivers of developmental regionalism. Institutional architecture, along with key policy priorities, and implementation strategies in areas such as trade, industry, agriculture, private sector development and conflict management are analysed, and the ramifications of regional interventions for peace building and regional security in post-conflict Southern African countries are explored. Drawing on this analysis the book proffers key policy options and strategies for how developmental regionalism can be both consummated and sustained, ultimately driving economic transformation. Illustrating to policymakers, scholars and development practitioners how regional institutions can be engines or facilitators of regional development, the book will be of interest to researchers in a broad range of areas including development studies, public policy and African studies.

Theory of Obligations in International Law
Theory of Obligations in International Law

Author: Cezary Mik

Publisher: Taylor & Francis

Published: 2024-05-07

Total Pages: 622

ISBN-13: 1040020909

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Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.