Part III Regimes and Doctrines, Ch.40 Theorizing International Law and Development

2016 ◽  
Author(s):  
Rittich Kerry
Keyword(s):  
Social Change ◽  
International Law ◽  
Global Governance ◽  
Development Policy ◽  
International Order ◽  
Institutional Constraints ◽  
Policy And Practice ◽  
Economic Interests ◽  
Law And Development ◽  
Development Agenda

This chapter explores the scholarship and practice surrounding international law and development. As a field, law and development might be understood as theoretical in its essence: it revolves around the rise, diffusion, transformation, and disintegration of ideas, theories, concepts, and paradigms concerning law and social change. Political agendas, institutional constraints, as well as economic interests are all crucial to understanding the manner in which the law and development agenda has evolved. Development policy and practice have been crucially important to the generation of global governance norms. Law and development has become at once a source and repository of norms about the forms and functions of law, domestic as well as international, and a powerful counterweight to other sources of law in the international order.

Law & Development

2021 ◽  
Author(s):  
Markus Böckenförde ◽  
Berihun A. Gebeye
Keyword(s):  
Twentieth Century ◽  
Sustainable Development ◽  
Developing Countries ◽  
Policy And Practice ◽  
Comprehensive Investigation ◽  
Law And Development ◽  
Common Features ◽  
Development Agenda ◽  
Policy Field ◽  
Development Practice

Law and development (L&D) is a dynamic academic and policy field. Since the second half of the twentieth century, anthropologists, lawyers, economists, and political scientists have taken a special interest in L&D. Due to such multidisciplinary engagement and its dynamism, L&D is at once a field or discipline of inquiry, an approach or way of thinking, a phenomenon to be observed, and a funding device to be deployed in development practice. In this chapter, by going beyond the conventional narratives of L&D studies, the authors examine the idea of development and law, along with their interactions in the context of L&D at national and international levels. This comprehensive investigation shows the deeper theoretical, political, ideological, and legal perspectives that underpin and structure the scholarship, policy, and practice of law and development. The chapter then critically reviews the three moments of L&D, which have their distinct common features, and suggest why L&D should contribute more actively to forming concepts of development, rather than building on current understandings. Additionally, while the authors recognize that L&D has had a particular association with the development agenda of ‘developing’ countries, they argue that it may also be applied to the ‘developed’ on a range of issues, such as reducing inequality and ensuring sustainable development.

Sustainable Development Practice: The Central Role of the Human Needs Language

Social Change ◽  
2019 ◽  
Vol 49 (2) ◽  
pp. 293-309
Author(s):  
Senkosi Moses Balyejjusa
Keyword(s):  
Sustainable Development ◽  
Development Policy ◽  
Sustainable Development Goals ◽  
Policy And Practice ◽  
The Sustainable Development ◽  
Human Needs ◽  
Development Agenda ◽  
Development Goals ◽  
Development Practice

Sustainable development has become a mantra in politics, academia and development policy and practice. Indeed, many policy and practice strategies, such as the sustainable development goals, have been devised in order to achieve sustainable development. Although the contents and items in these agendas are human needs, the use of ‘human needs’ language is less emphasised/explicitly spelt out. In fact, the language of human needs is almost absent. In this article, I argue that the adoption of the human needs language will strengthen sustainable development practice, efforts and agenda. This is because, unlike other aspirations, human needs by nature are universal. Secondly, human needs are limited in number compared to wants, desires, goals and capabilities. This nature of human needs makes the human needs language effective in promoting the sustainable development agenda and efforts, thus, adequately meeting the needs of the current and future generations.

Great Britain, International Law, and the Evolution of Maritime Strategic Thought, 1856–1914

2020 ◽  
Author(s):  
Gabriela A. Frei
Keyword(s):  
Great Britain ◽  
International Law ◽  
Historical Context ◽  
Economic Interests ◽  
Maritime Law ◽  
Legal Norms ◽  
State Practice ◽  
Sea Power ◽  
Maritime Strategy ◽  
Strategic Thought

The book addresses the interaction between international maritime law and maritime strategy in a historical context, arguing that both international law and maritime strategy are based on long-term state interests. Great Britain as the predominant sea power in the nineteenth and early twentieth centuries shaped the relationship between international law and maritime strategy like no other power. The book explores how Great Britain used international maritime law as an instrument of foreign policy to protect its strategic and economic interests, and how maritime strategic thought evolved in parallel to the development of international legal norms. The book offers an analysis of British state practice as well as an examination of the efforts of the international community to codify international maritime law in the late nineteenth and early twentieth centuries. As the predominant sea power and also the world’s largest carrier of goods, Great Britain had to balance its interests as both a belligerent and a neutral power. With the growing importance of international law in international politics, the book examines the role of international lawyers, strategists, and government officials who shaped state practice. Great Britain’s neutrality for most of the period between 1856 and 1914 influenced its state practice and its perceptions of a future maritime conflict. Yet, the codification of international maritime law at The Hague and London conferences at the beginning of the twentieth century demanded a reassessment of Great Britain’s legal position.

Feminist Dialogues on International Law

2019 ◽  
Author(s):  
Gina Heathcote
Keyword(s):  
International Law ◽  
Global Governance ◽  
International Institutions ◽  
Law Reform ◽  
Black British ◽  
The Uk ◽  
The Impact

Reflecting on recent gender law reform within international law, this book examines the nature of feminist interventions to consider what the next phase of feminist approaches to international law might include. To undertake analysis of existing gender law reform and future gender law reform, the book engages critical legal inquiries on international law on the foundations of international law. At the same time, the text looks beyond mainstream feminist accounts to consider the contributions, and tensions, across a broader range of feminist methodologies than has been adapted and incorporated into gender law reform including transnational and postcolonial feminisms. The text therefore develops dialogues across feminist approaches, beyond dominant Western liberal, radical, and cultural feminisms, to analyse the rise of expertise and the impact of fragmentation on global governance, to study sovereignty and international institutions, and to reflect on the construction of authority within international law. The book concludes that through feminist dialogues that incorporate intersectionality, and thus feminist dialogues with queer, crip, and race theories, that reflect on the politics of listening and which are actively attentive to the conditions of privilege from which dominant feminist approaches are articulated, opportunity for feminist dialogues to shape feminist futures on international law emerge. The book begins this process through analysis of the conditions in which the author speaks and the role histories of colonialism play out to define her own privilege, thus requiring attention to indigenous feminisms and, in the UK, the important interventions of Black British feminisms.

scholarly journals Selling international law enforcement: Elite justifications and public values

2020 ◽  
Vol 7 (3) ◽  
pp. 205316802095678
Author(s):  
Melissa M. Lee ◽  
Lauren Prather
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Public Support ◽  
International Order ◽  
Third Party ◽  
Public Values ◽  
Norm Enforcement ◽  
The Usa ◽  
The Law ◽  
Order Increase

International law enforcement is an understudied but indispensable factor for maintaining the international order. We study the effectiveness of elite justifications in building coalitions supporting the enforcement of violations of the law against territorial seizures. Using survey experiments fielded in the USA and Australia, we find that the effectiveness of two common justifications for enforcement—the illegality of a country’s actions, and the consequences of those actions for international order—increase support for enforcement and do so independently of two key public values: ideology and interpersonal norm enforcement. These results imply elites can build a broad coalition of support by using multiple justifications. Our results, however, highlight the tepidness of public support, suggesting limits to elite rhetoric. This study contributes to the scholarship on international law by showing how the public, typically considered a mechanism for generating compliance within states, can impede or facilitate third-party enforcement of the law between states.

Struggling for democracy: Paulo Freire and transforming society through education

2017 ◽  
Vol 15 (6) ◽  
pp. 744-766 ◽  
Author(s):  
Timothy D Bolin
Keyword(s):  
Social Change ◽  
Education Policy ◽  
Teaching Strategies ◽  
Paulo Freire ◽  
Democratic Process ◽  
Policy And Practice ◽  
Revolutionary Movements

An exploration is presented of how education policy and practice may be used to transform society. Specifically, connections are made between Paulo Freire's teaching strategies and radically democratic organizing. The connections are contextualized within the prefigurative tradition, which explores how the democratic process is central to consistent and sustainable social change. The article contributes to an understanding of Paulo Freire's ontology, and the philosophy of social change, as well as how democratic strategies may address failures of revolutionary movements of the 19th and 20th centuries.

Introduction. Imprints of Colonialism in Public International Law: On the Paradoxes of Transition

2016 ◽  
Vol 18 (2-3) ◽  
pp. 239-247
Author(s):  
Jörn Axel Kämmerer
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Birth Defect ◽  
International Workshop ◽  
International Order ◽  
Transdisciplinary Research ◽  
Research Project ◽  
Public International Law

The article is an introduction to subsequent articles touching upon the relevance of colonialism to the evolution of public international law. This was the topic of a transdisciplinary research project conducted by German scholars and of an international workshop, with this issue as a yield. Imperial colonialism may be perceived as a period of transition from a parallelism of mostly unconnected ‘trans-communitarian’ systems toward today’s universal international order. A paradox is inherent in decolonisation because the price of independence consisted in non-European systems being ultimately and definitely superseded by a public international law shaped almost exclusively by European powers. This ‘birth defect’ of universality explains many persisting tensions in international legal relations. It is worthwhile to assess whether public international law could draw some inspiration from approaches in the constitutional law of selected states with a colonial heritage in view of mitigating conflicts without, however, compromising the benefits inherent in universality.

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