State and Law in the Development Process

State and Law in the Development Process

Author: Ann Seidman

Publisher: Springer

Published: 2016-07-27

Total Pages: 426

ISBN-13: 1349236152

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'Ann and Robert Seidman have written an invaluabe theoretical (and practical) guide for those concerned with the role of the state in development.'- Bereket Habte Selassie, Professor of African Studies, Howard University 'State and Law in the Development Process is a scholarly work and essential reading for undergraduate and postgraduate students taking courses on the Third World, its history and development. It provides an excellent bibliography and analysis which sets out the fundamentals of research into the future development of the Third World. Expertly written, it embodies a research methodology which is linked to a theoretical perspective.' - John F. McEldowney, Senior Lecturer in Law, University of Warwick The post-1945 collapse of colonialism and the emergence of new nationalist governments seemed to promise plenty for all third-world peoples. Four decades later, those promises lay in shards. This book proposes a theory to explain the failure of third-world states to transform the institutions that produce poverty and powerlessness for the mass of the population. Based on that theory, it proposes a methodology designed to facilitate the democratic exercise of state power through law to empower third world peoples to play an effective role in building a peaceful world of plenty for all.


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 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.


Real Estate Law

Real Estate Law

Author: Peter E. Smirniotopoulos

Publisher: Taylor & Francis

Published: 2016-11-18

Total Pages: 532

ISBN-13: 1317650166

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Unlike existing textbooks written for law students on specific subjects impacting real estate transactions, Real Estate Law: Fundamentals for The Development Process uses "The Development Process" as a framework for understanding how the U.S. legal system regulates, facilitates, and generally impacts real estate transactions and their outcomes. This book not only addresses the nature of specific legal issues directly relating to real estate transactions but also how those issues may best be identified and addressed in advance. This book breaks down the myriad of laws influencing the selection, acquisition, development, financing, ownership, and management of real estate, and presents them in context. Readers of Real Estate Law will gain a practical understanding, from the perspective of a real property developer or real estate executive, investor, or lender, of: how to identify potential legal issues before they arise; when to involve a real estate attorney; how to select an attorney with the appropriate, relevant experience; and how to efficiently and economically engage and manage legal counsel in addressing real estate issues. Written as a graduate-level text book, Real Estate Law comes with numerous useful features including a glossary of terms, chapter summaries, discussion questions, further reading, and a companion website with instructor resources. It is a resource of great value to real estate and finance professionals, both with and without law degrees, engaged in one aspect or another of real estate development and finance, who want to become more conversant in the legal issues impacting these transactions.


The Federalist Papers

The Federalist Papers

Author: Alexander Hamilton

Publisher: Read Books Ltd

Published: 2018-08-20

Total Pages: 420

ISBN-13: 1528785878

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Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.


Law and Development

Law and Development

Author: Anthony Carty

Publisher: Dartmouth Publishing Company

Published: 1992

Total Pages: 506

ISBN-13: 9781855211995

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This collection of articles on law and development is divided into three sections: law and modernization - the legal imperialism debate; the debate about the right to development as a human right or state law versus people's law and the development process; and international law and development.


The Right to Development: Obligations of States and the Rights of Minorities and Indigenous Peoples

The Right to Development: Obligations of States and the Rights of Minorities and Indigenous Peoples

Author: Margot E. Salomon

Publisher: Minority Rights Group

Published: 2003-02-10

Total Pages: 76

ISBN-13: 1897693990

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The United Nations adopted the Declaration on the Right to Development in 1986. The Declaration recognizes that development is an inalienable human right, and describes development as a comprehensive process leading to the well-being of all people. All states are called upon to cooperate internationally and work nationally to ensure that this comprehensive process in which all human rights can be realized is undertaken without discrimination, and that all people may participate fully and equally in this process. This paper provides an elaboration of the content of the right to development by drawing on international law. It addresses the obligations of states, particularly with regard to international cooperation, and considers the application of obligations of conduct, as well as those of result, in giving this right meaning. This paper also details the rights of minorities and indigenous peoples and how they relate to the right to development. The creation of conditions that enable a state to develop will not necessarily lead to the realization of the right to development by the individuals within that state. Traditionally marginalized groups – notably, minorities and indigenous peoples – may not benefit from this development or may be harmed by it. Even where the right to development is being realized by the majority, the rights of minorities and indigenous peoples could be violated if the process undertaken does not take account of their rights. The authors discuss the need to have in place the standards to ensure that the protection and promotion of minority and indigenous rights are fully integrated into policies designed to fulfil the right to development. Written in cooperation with the UN Independent Expert on the right to development, this work builds on his contribution to the mandated objectives of the inter-state UN Working Group on the Right to Development. It provides an important contribution to the scope of rights and obligations in this area, and the implications that stem from them, particularly for minorities and indigenous peoples.