Beijing Consensus and Development Legitimacy: The Evolution of China’s Foreign Direct Investment (FDI) Regime from a Law & Development Perspective

2017 ◽  
Vol 12 (1) ◽  
pp. 115-139 ◽  
Author(s):  
Wenwei GUAN
Keyword(s):  
International Development ◽  
National Development ◽  
Selective Adaptation ◽  
Self Determination ◽  
Washington Consensus ◽  
Special Focus ◽  
Law And Development ◽  
Local Conditions ◽  
Beijing Consensus ◽  
Development Alternatives

AbstractThe evolution of China’s trade and investment regime since the late 1970s has been a process of constant liberalization of FDI control with a special focus on national development and self-determination. This so-called Beijing Consensus presents a sharp contrast with the neo-liberalist Washington Consensus. A theoretical analysis of this contrast from the law and development critique reveals that, while setting forth itself as the development model and excluding other development alternatives, the legitimacy deficit of the Washington Consensus stems from a self-sufficient ontological myth of legal voluntarism. The Beijing Consensus, with its attention to local conditions and emphasis on self-determination, gains its legitimacy through the dynamic process of selective adaptation of limit-transgression through which it challenges and at the same time enriches international development legitimacy. This article suggests that the Beijing Consensus’ roots in the African Continent’s Agenda 2063 and its First Ten-year Implementation Plan offer positive future prospects.

Law and Development as a Field of Study: Connecting Law with Development

2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Stéphanie de Moerloose
Keyword(s):  
International Development ◽  
Buenos Aires ◽  
National Development ◽  
Field Of Study ◽  
Law And Development ◽  
Seminal Paper ◽  
Development Policies ◽  
Innovative Solutions ◽  
The Caribbean ◽  
The Law

AbstractThis article introduces a series of papers prepared for the “2016 Law and Development Conference: From the Global South Perspectives,” held in Buenos Aires, Argentina and co-sponsored by Universidad Austral, the Law and Development Institute and the Inter-American Development Bank’s Institute for the Integration of Latin America and the Caribbean (INTAL). The introduction aims to show one of the major contributions from the law and development field of study: scholars reveal the frequent disconnection between law and development; then, by uncovering contextual factors and proposing innovative solutions, they reconnect law with development. This provides an important support for the adoption of national development policies and the implementation of international development projects. Over forty years after the seminal paper by Trubek and Galanter,

From State to Market: A Fork in the Reform Road

Dragonomics ◽  
2020 ◽  
pp. 93-129
Author(s):  
Carol Wise
Keyword(s):  
Latin America ◽  
Latin American ◽  
Washington Consensus ◽  
Regional Comparison ◽  
Beijing Consensus ◽  
The 1950S ◽  
Latin American Countries

This chapter undertakes a cross-regional comparison of the developmental paths of China and the Latin American countries of Argentina, Brazil, Chile, Mexico, and Peru (LAC 5). It traces the economic histories and policies implemented within the LAC-5 from the 1950s until the 1980s before turning to China to do the same from the 1980s onward. The author argues that the contrasting underlying logic between the Washington Consensus and the Beijing Consensus can explain the widely divergent outcomes in the development of Latin America and China.

scholarly journals From Women in Development to Gender and Development? A case study of a women's organisation: (AMA) Asociacion de Mujeres de Acosta, San Ignacio de Acosta, Costa Rica

2021 ◽  
Author(s):  
◽  
Matilda Hegarty
Keyword(s):  
Costa Rica ◽  
International Development ◽  
Rural Women ◽  
Development Policy ◽  
Participant Observation ◽  
National Development ◽  
Current Status ◽  
Gender And Development ◽  
Structured Interviews ◽  
Women In Development

<p>This dissertation documents research conducted with the 'Asociacion de Mujeres de Acosta'  (AMA), in a mountainous rural region of Costa Rica, in Central America. AMA was originally set up to counter some negative effects of Costa Rican society, such as 'machismo'  and the rural depopulation of women to the capital San Jose. The association implemented a Women In Development (WID) approach, which enabled women to gather and generate an income. The aim of my research is to examine the evolution of AMA since its inception, and to assess its current status in light of international shifts in development policy from WID to Gender And Development (GAD). It provides a rare opportunity to assess an organisation's evolution and its impact on women over a 30-year period. It also enables me to build on Kindon and Odell's earlier research with the organisation in 1990. The research uses qualitative data collected through semi-structured interviews, participant observation, a focus group, a questionnaire and field notes, from five months of fieldwork in the community with members of AMA. The key findings show that AMA membership has decreased since its inception in 1980. Compared with results from previous research with AMA in 1990, my findings reveal that AMA has been slow to embrace international policy agendas and continues to adopt a WID approach. AMA does not yet reflect international and national development trends associated with gender and development, particularly in light of some similar organisations in Central and South America. While benefits have accrued to some of AMA members, they do not yet earn a decent wage to satisfy their needs. There are major intergenerational and interscalar issues, which are similar to those identified in 1990. These concerns are associated with power imbalances inside and outside of the association, traditional attitudes towards women due to the culture of 'machismo', and lack of appropriate information and funding sources. These issues appear to be stifling change and raise serious questions about the future sustainability of the association, as well as the relevance of international development policy changes for rural women in associations like AMA. Women of AMA are now looking for new projects and beginning to think about including men in the association. These slow changes, if enacted, may enable the organisation to survive another 30 years.</p>

scholarly journals Promoting the Participation of Indigenous Peoples in Environmental Impact Assessment: Effectiveness of Akwé: Kon Guidelines in Finland

2021 ◽  
Vol 17 (20) ◽  
pp. 30
Author(s):  
Vincent Onyango ◽  
Henri Wiman
Keyword(s):  
Environmental Management ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Indigenous Peoples ◽  
Self Determination ◽  
Special Focus ◽  
Policy And Practice ◽  
Questionnaire Surveys ◽  
Policy And Planning

Indigenous peoples’ participation in public policy and planning is ascribed in numerous international and national legal instruments as essential to the realisation of their self-determination. This study examines how the Akwé: Kon guidelines (AK) can promote effective indigenous peoples participation in environmental management, especially during environmental impact assessment (EIA). Special focus is drawn on the Finnish context, home of the Sámi indigenous people. The study applies an effectiveness review package by Lee and Colley (1999), supplemented by interview and questionnaire surveys, to analyse how effective the AK have been. It was found that although they were useful in promoting further interaction of the Sámi with authorities, the AK did not address their most fundamental political and legal grievances. This leaves room for EIA policy and practice, in Finland and all other jurisdictions with indigenous peoples, to consider how they can more effectively harness the potentialities in AK.

scholarly journals From Monterrey to Addis Ababa and beyond

2020 ◽  
Vol 15 (3) ◽  
Author(s):  
Philippe Orliange ◽  
Ana Flávia Granja Barros-Platiau
Keyword(s):  
Sustainable Development ◽  
International Development ◽  
Addis Ababa ◽  
National Development ◽  
Development Aid ◽  
Future Research ◽  
Institutional Entrepreneurship ◽  
Middle Income ◽  
Financial Flows ◽  
Development Banks

How did the global framework for financing sustainable development evolve in the past ten years? We argue that its evolution is deeply connected to multilateral initiatives such as the Monterrey consensus,the Addis Ababa Action Agenda, the Sustainable Development Goals and the Paris Agreement on climate change. Therefore, the year 2015 may be considered as a landmark. In this vein, we identified five keychanges that affect the global framework for financing development worldwide, showing how traditional international cooperation mechanisms coexist with new ones. They are discussed in the followingorder: the evolution of global development agendas; systemic power relations and financial flows; the institutional entrepreneurship of emerging powers; the increased role of development banks; and from official development aid (ODA) to international public finance. Under the United Nations auspices or not, middle-income countries started to play a bigger role in financing mechanisms. Likewise, some national development banks became more important and started to act more closely under the International Development Finance Club (IDFC) auspices. Brazil, Colombia and South Africa are mentioned as cases for future research.

‘What, Then, of the Land’?: Territoriality, International Law, and the Republic of New Afrika

2020 ◽  
pp. 1-22
Author(s):  
Sam Klug
Keyword(s):  
African American ◽  
International Law ◽  
International Society ◽  
National Development ◽  
Self Determination ◽  
Sovereign State ◽  
Legal Personality ◽  
The Republic ◽  
Postcolonial States ◽  
International Legal Personality

Abstract This article charts how African American appeals to international law shifted away from a politics of petition to a politics of sovereignty with the growing influence of postcolonial states in international society and the UN’s recognition of a right to self-determination. Whereas earlier efforts by African-descended peoples in the Americas to gain a hearing before international bodies often required pushing the boundaries of international legal personality to include entities other than states, in the late 1960s and early 1970s a black nationalist group called the Republic of New Afrika (RNA) pursued international subjectivity in its traditional and fullest form: as a sovereign state. Examining the writings of RNA leaders, especially Imari Obadele, this article explores how the group’s claims for territory, reparations, and international subjectivity relied on international legal discourse about plebiscites, self-determination, and national development.

Law and Development Today: The New Developmentalism

2009 ◽  
Vol 10 (9) ◽  
pp. 1257-1273 ◽  
Author(s):  
F. Charles Sherman
Keyword(s):  
Economic Growth ◽  
International Development ◽  
Emerging Economies ◽  
Theory And Practice ◽  
Law Reform ◽  
Law And Development ◽  
Developmental States ◽  
Core Elements ◽  
New Challenges ◽  
External Actors

The purpose of this essay is to consider the significance of new developmentalism for the field of law and development. New developmentalism refers to a theory and practice of development economics, which appears to have entered mainstream development thinking. Its core elements also seem to have been a factor in the dynamic economic growth that has occurred in a number of emerging economies. This trend is significant for the field of law and development because: (a) conventional economic development orthodoxies are seen to have shaped previous law and development movements; (b) these models and their corresponding law reform projects were arguably inadequately adapted to existing domestic circumstances; and (c) new developmentalism represents a departure from conventional development orthodoxies, as it necessitates both learning and adapting to local settings. Yet such a system also creates new challenges for law reformers and policymakers within the international development community (not to mention domestic reformers), and it remains unclear (if not doubtful) that new developmental states can be engineered by external actors and institutions.

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