The Developmental State

Author(s):  
Luis Eslava

The battle for international law during the era of decolonization in the mid-twentieth century was to a large extent a battle fought over the nature, function and objectives of the state—above all, over their relationship to the idea of ‘development’. A particular normative and institutional formation resulted from this battle: the ‘developmental state’, the impact of which on (in)dependence in the South was and continues to be profound. However, the ‘developmental state’ did not spring ready-made out of nowhere. On the contrary, using Latin America’s much earlier experience of colonialism, decolonization and independent statehood as a starting-point, this chapter draws attention to the long and complex process through which the developmental state’s most important elements emerged, defining what was thinkable and doable there and elsewhere in the post-colonial world.

2000 ◽  
Vol 151 (12) ◽  
pp. 502-507
Author(s):  
Christian Küchli

Are there any common patterns in the transition processes from traditional and more or less sustainable forest management to exploitative use, which can regularly be observed both in central Europe and in the countries of the South (e.g. India or Indonesia)? Attempts were made with a time-space-model to typify those force fields, in which traditional sustainable forest management is undermined and is then transformed into a modern type of sustainable forest management. Although it is unlikely that the history of the North will become the future of the South, the glimpse into the northern past offers a useful starting point for the understanding of the current situation in the South, which in turn could stimulate the debate on development. For instance, the patterns which stand behind the conflicts on forest use in the Himalayas are very similar to the conflicts in the Alps. In the same way, the impact of socio-economic changes on the environment – key word ‹globalisation› – is often much the same. To recognize comparable patterns can be very valuable because it can act as a stimulant for the search of political, legal and technical solutions adapted to a specific situation. For the global community the realization of the way political-economic alliances work at the head of the ‹globalisationwave›can only signify to carry on trying to find a common language and understanding at the negotiation tables. On the lee side of the destructive breaker it is necessary to conserve and care for what survived. As it was the case in Switzerland these forest islands could once become the germination points for the genesis of a cultural landscape, where close-to-nature managed forests will constitute an essential element.


2020 ◽  
pp. 1-37
Author(s):  
MANISHA SETHI

Abstract A bitter debate broke out in the Digambar Jain community in the middle of the twentieth century following the passage of the Bombay Harijan Temple Entry Act in 1947, which continued until well after the promulgation of the Untouchability (Offences) Act 1955. These laws included Jains in the definition of ‘Hindu’, and thus threw open the doors of Jain temples to formerly Untouchable castes. In the eyes of its Jain opponents, this was a frontal and terrible assault on the integrity and sanctity of the Jain dharma. Those who called themselves reformists, on the other hand, insisted on the closeness between Jainism and Hinduism. Temple entry laws and the public debates over caste became occasions for the Jains not only to examine their distance—or closeness—to Hinduism, but also the relationship between their community and the state, which came to be imagined as predominantly Hindu. This article, by focusing on the Jains and this forgotten episode, hopes to illuminate the civilizational categories underlying state practices and the fraught relationship between nationalism and minorities.


2021 ◽  
Vol 23 (2-3) ◽  
pp. 115-132
Author(s):  
Łukasz Kułaga

Abstract The increase in sea levels, as a result of climate change in territorial aspect will have a potential impact on two major issues – maritime zones and land territory. The latter goes into the heart of the theory of the state in international law as it requires us to confront the problem of complete and permanent disappearance of a State territory. When studying these processes, one should take into account the fundamental lack of appropriate precedents and analogies in international law, especially in the context of the extinction of the state, which could be used for guidance in this respect. The article analyses sea level rise impact on baselines and agreed maritime boundaries (in particular taking into account fundamental change of circumstances rule). Furthermore, the issue of submergence of the entire territory of a State is discussed taking into account the presumption of statehood, past examples of extinction of states and the importance of recognition in this respect.


2021 ◽  
Vol 66 (2) ◽  
pp. 283-307
Author(s):  
Barbara Mielnik

Abstract The Nile, one of the longest rivers in the world, has not been subjected to a uniform legal regime yet, despite the pressing needs. The hitherto proposals presented by the riparian states of the lower and upper reaches have not been unanimously accepted. Egypt and Sudan face particular difficult situation since the Nile river is their main source of water supply. It is argued that the lack of necessary coordination among all the States in the basin may in the future lead to significant damage and consequences both in terms of access to water and its quality. This short study critically examines past and present initiatives undertaken to solve one of the most controversial aspects of international law in Africa.


2017 ◽  
Vol 16 (1-2) ◽  
pp. 14-30
Author(s):  
Ali A. Mazrui

The author’s interest in Africa’s relations with India goes back to his doctoral thesis at Oxford University, published under the title of Towards a Pax Africana. The impact of India upon twentieth century Africa has a special place for Gandhi’s strategies of civil disobedience and Nehru’s principle of nonalignment. Gandhi’s satyagraha (soul force) inspired African political figures as diverse as Nobel laureate Albert Luthuli of South Africa and Ivorian president Houphouet-Boigny. Nehru’s ideas about what used to be called “positive neutralism” helped to shape African approaches to foreign policy in the entire post-colonial era. The essay, published almost two decades ago, explored these historical dimensions in this prescient analysis.


Author(s):  
Ian Taylor

Africa is a continent of over a billion people, yet questions of underdevelopment, malgovernance, and a form of political life based upon patronage are characteristic of many African states. ‘Introduction to Africa and its politics’ explains that the core questions underpinning this VSI centre on how politics is typically practised on the continent; the nature of the state in Africa; and what accounts for Africa’s underdevelopment. This VSI aims to appraise sub-Saharan Africa’s recent political history, examining post-colonial political structures, the impact of colonialism, and the form and nature of post-colonial states. The type of politics practised in many African states continues to be hostile to genuine nation building and broad-based, sustainable development.


2016 ◽  
Vol 18 (1) ◽  
pp. 3-33
Author(s):  
Foluke Ifejola Ipinyomi

The legal nature of international law is uncertain, despite being the foundation of the international community. Its non-universality questions the cohesion and efficacy of the international community. The international community operates as an exclusive club, coalescing around certain shared values, like liberal democracy and free market economy. Sub-Saharan Africa is usually excluded from being an active part of the international community due to differing values; a shared understanding of community which conflicts with the shared values of the core of the international community. Furthermore, their post-colonial nature deters African states from choosing their own path or adopting the norms of the ‘international community.’ A paradigmatic shift in research into sub-Saharan Africa and the international community is necessary to ensure a truly effective international community and wider observance of international law.


2018 ◽  
Vol 9 (1) ◽  
pp. 46-74 ◽  
Author(s):  
Prabhakar SINGH

AbstractI argue that contextually reading two disputes involving Siam—Cheek v. Siam (1898) and the Temple of Preah Vihear (1962)—proves that both private law and public international law are structurally rigged against ex-semi-colonial nations. Nineteenth-century Siam was a political ferment known variously as a semi-colonial, semi-peripheral, non-colonial, or uncolonized polity. Siam bargained under imperial shadows her political independence by the tactical grants of concession contracts, as well as by negotiating treaties with competing European powers. In the post-colonial Temple of Preah Vihear case, colonial stationery—maps, photographs, and communiqués—as well as imperial customs offered evidentiary support to Cambodia, an ex-colonial state, against Thailand. In the early twentieth century, while authors picked Cheek v. Siam as a precedent for the law of international claims, textbooks offer the Temple of Preah Vihear case as a precedent on the form of treaties and estoppel. Conclusively, these two cases allow us to locate, if not exorcise, the ghosts of empires in Asian legal history, exposing, at the same time, Judge Koo’s Orientalization of customary international law.


Author(s):  
Omar Al-Shehabi

This chapter traces the birth, rise, and evolution of political movements in Bahrain throughout the long twentieth century, taking as its starting point the beginning of direct British presence in the local political scene in 1900, and ending with the aftermath of the mass protests that engulfed the islands in 2011. It highlights four intersecting dichotomies that have characterized these political movements across time: trans-sectarian versus ethnosectarian, national versus transnational, reformist versus revolutionary, and public versus underground. It sheds light on the importance of externally imposed structural factors on local developments on the island, including British colonial absolutist rule, the discovery of oil and the subsequent fluctuation in the commodity’s global prices, and the rise of American hegemony. Taking its cue from the work of the autonomistas, the analysis also highlights the central role that political movements have played in shaping the actions and reactions of the state. The state’s attempts to contain these movements, and the contestation between the two sides, played a central role in shaping the contours of both state and society across Bahrain’s long century.


Author(s):  
Alina Butu ◽  
Ioan Sebastian Brumă ◽  
Lucian Tanasă ◽  
Steliana Rodino ◽  
Codrin Dinu Vasiliu ◽  
...  

The present paper intends to address the impact of COVID-19 crisis upon the consumer buying behavior of fresh vegetables directly from local producers as observed 30 days later, after enforcing the state of emergency in Romania within a well-defined area, namely, the quarantined area of Suceava. The study relies on the interpretation of answers received from the quarantined area (N = 257) to a questionnaire applied online nationwide. The starting point of this paper is the analysis of the sociodemographic factors on the purchasing decision of fresh vegetables directly from local producers before declaring the state of emergency in Romania (16 March 2020). Further research has been conducted by interpreting the changes triggered by the COVID-19 crisis on the purchasing intention of such products before and after the end of the respective crisis. The aim of this scientific investigation relies on identifying the methods by which these behavioral changes can influence the digital transformation of short food supply chains.


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