scholarly journals General Theory of Law and Development

2018 ◽  
Author(s):  
Yong-Shik Lee
Keyword(s):  
General Theory ◽  
International Law ◽  
Developed Countries ◽  
Analytical Framework ◽  
Law And Development ◽  
Policy Makers ◽  
Academic Field ◽  
Economic Progress ◽  
Theory Of Law ◽  
The Relationship

Cornell International Law Journal: Vol. 50 : No. 3 , Article 2.Although scholarship in law and development that explores the relationship between law and social and economic progress has evolved over the last four decades, this area of inquiry remains unfamiliar to many legal scholars, lawyers, and policy makers. Scholars have not yet been able to develop a theory that systematically explains the interrelationship between law and development, which would establish law and development as a robust and coherent academic field. This Article attempts to fill this gap by presenting a general theory that defines the disciplinary parameters of law and development, and explains the mechanisms by which law impacts development. This Article also demonstrates the validity of this general theory by applying it to an empirical case and also by explaining the development process of South Korea (1962– 1996) under its analytical framework. The concept of development, which has traditionally been associated with developing countries, may also be extended to address economic problems in developed countries today.

Kelsen – Which Kelsen? A Reapplication of the Pure Theory to International Law

2009 ◽  
Vol 22 (2) ◽  
pp. 225-249 ◽  
Author(s):  
JÖRG KAMMERHOFER
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Pure Theory ◽  
Municipal Law ◽  
Hans Kelsen ◽  
Theory Of Law ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Theorist

AbstractHans Kelsen is known both as a legal theorist and as an international lawyer. This article shows that his theory of international law is an integral part of the Kelsenian Pure Theory of Law. Two areas of international law are analysed: first, Kelsen's coercive order paradigm and its relationship to the bellum iustum doctrine; second, the Kelsenian notion of the unity of all law vis-à-vis theories of the relationship of international and municipal law. In a second step, the results of Kelsenian general legal theory of the late period – as interpreted and developed by the present author – are reapplied to selected doctrines of international law. Thus is the coercive order paradigm resolved, the unity of law dissolved, and the UN Charter reinterpreted to show that the concretization of norms as positive international law cannot be unmade by a scholarship usurping the right to make law.

Migration, Poverty, the Role of State, (International) Law and Development in the Industrialised Countries of Europe

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Brian-Vincent Ikejiaku
Keyword(s):  
Middle East ◽  
International Law ◽  
Developed Countries ◽  
The State ◽  
Border Security ◽  
Law And Development ◽  
Poor Countries ◽  
Role Of The State ◽  
Industrialised Countries

Abstract The current radical strategies by which there is, on one hand, an increasing European assistance to developing poor countries of Africa/Middle East and on the other hand, tightened border-security within Europe as a means to reduce migration from the South; may worsen the state of poverty in Europe, particularly on the immigrants and impact on the workforce in Europe with implication on development. Though, these strategies may sound radically appealing, they are however, unlikely to reduce migration flows to Europe. While there is still a “wide development gap” between the poor countries of Africa/Middle East and industrialised countries of Europe, migration will often increase, at least in the next two-three decades. Radical border security in Europe will expose the migrants to human trafficking in different form and manifestation contrary to Article 3 UN Protocol on Trafficking in Person. The paper examines the role of the State and Law and development, in addressing the issues of poverty and migration within the industrialised countries of Europe. The research argues that there is the likelihood that poverty and human right issues will increase in Europe in the near-future, if the State/EU fails to play their role, by changing their policy direction and repositioning themselves by improving their Law and development stance. The research employs the human rights-based approach, interdisciplinary and critical-analytical perspective within the framework of international Law and development. It employs qualitative empirical evidence from developed countries of Europe and poor developing countries for analysis.

Law and Economic Development in South Africa: An Assessment through the General Theory of Law and Development

2019 ◽  
Vol 12 (2) ◽  
pp. 377-401 ◽  
Author(s):  
T. K. Pooe
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Human Rights ◽  
Social Justice ◽  
General Theory ◽  
Local Governments ◽  
Local Economic Development ◽  
African National Congress ◽  
Law And Development ◽  
Theory Of Law

Abstract The ascension of the African National Congress into formal politics through its electoral victory in 1994 resulted in South Africa adopting one of the world’s most heralded social justice and human rights-based documents, the 1996 Constitution. Yet, two-decades of ANC governance this paper argues has not led to the types of economic development needed to advance the formerly oppressed African majority, Colored and Indian populations. This lackluster economic development is even more troubling when one considers the giant economic development steps Asian developmental states have made, without a human rights and social justice approach. It is the contention of this paper that the newly presented General Theory of Law and Development allows for a new type of analysis exploring the reasons why South Africa’s economic development trajectory has been so lackluster, when so many authorities praise the South African legal framework. In making this argument using the General Theory South Africa’s local governments sphere and local economic development will be the subject of analysis.

Argentina, Chile, and Mexico: Contrasts in Economic Policy and Performance

1961 ◽  
Vol 3 (4) ◽  
pp. 497-508 ◽  
Author(s):  
Eric N. Baklanoff
Keyword(s):  
Economic Growth ◽  
Economic Policy ◽  
Developed Countries ◽  
Economic Thought ◽  
Development Programs ◽  
Policy Makers ◽  
Economic Progress ◽  
The People ◽  
Agents Of Change ◽  
And Performance

For more than a decade, enormous attention has been given by academic economists, researchers, and policy makers to the problem of economic growth of the less-developed countries. The aspirations of leaders and the people of these countries for accelerated economic progress which has been characterized by the apt phrases the “revolution of rising expectations,” and the “New Awakening,” have played a major role in this new orientation in economic thought and action. Another interesting fact is that governments have emerged as consciously active “agents of change” carrying a heavy responsibüity for the success or failure of development programs.

Rethinking Law and Development in Colombia: How a Dynamic Approach Could Overcome the Chasm Between Law and Ideas of Economic Development

2016 ◽  
Vol 9 (2) ◽  
Author(s):  
Helena Alviar García
Keyword(s):  
Economic Development ◽  
Civil Code ◽  
Ecological Function ◽  
Dynamic Approach ◽  
Law And Development ◽  
Policy Makers ◽  
Classical Liberal ◽  
The Social ◽  
The Relationship

AbstractThe article explores the different ways in which the relationship between law and development has been thought of by policy makers and academics in Colombia. It proposes that there are two prevalent ways of understanding this relationship, either interpreting law as marginal to the economic development endeavor or central to trigger it. Furthermore, it argues that these two prevalent interpretations have underestimated the complex ways in which law functions. In order to illustrate the complexity of the interaction between law and development, the article then presents the different ways in which property is legally defined in the Colombian context. These definitions range from the classical liberal included in the Civil Code to the Social and Ecological function enshrined in the Constitution.

Application of Y.S. Lee’s General Theory of Law and Development to Botswana

2019 ◽  
Vol 12 (2) ◽  
pp. 403-424 ◽  
Author(s):  
Sara Ghebremusse
Keyword(s):  
Economic Development ◽  
General Theory ◽  
Low Income ◽  
Great Part ◽  
Resource Curse ◽  
Regulatory Compliance ◽  
Law And Development ◽  
Income Status ◽  
Socio Economic Development ◽  
Theory Of Law

Abstract Botswana has achieved significant socio-economic development despite its low-income status in 1966 when colonial rule ended, earning it the status of an “African success story” and “African miracle”. Botswana’s development was achieved in great part to its abundance of natural resources (diamonds), in contrast to other African countries that displayed conditions affiliated with the “resource curse”: corruption, rent-seeking behaviour by the ruling class, Dutch disease, declining terms of trade, the absence of economic diversification, and even civil conflict. Despite its extensive coverage in political economy and development studies literature, Botswana’s socio-economic development has yet to be interrogated through a law and development lens. Yong-Shik Lee offers a theoretical framework to conduct such an analysis in his article, General Theory of Law and Development, which proposes that law directly impacts development through three categorical Regulatory Impact Mechanisms: regulatory design; regulatory compliance; and quality of implementation. This article applies Lee’s theory to Botswana, making it one of the first applications of Lee’s theory to an African case study.

General Theory of Law and Development: An Overview

2019 ◽  
Vol 12 (2) ◽  
pp. 351-375
Author(s):  
Yong-Shik Lee
Keyword(s):  
South Africa ◽  
General Theory ◽  
Development Process ◽  
Essential Elements ◽  
Special Issue ◽  
Theoretical Frameworks ◽  
Law And Development ◽  
Development Review ◽  
Theory Of Law

Abstract The 2019 Law and Development Review Special Issue features two articles that apply the general theory of law and development to explain the development process of Botswana and South Africa. This paper provides a condensed overview of the general theory for the convenience of readers who wish to grasp the essential elements of the theoretical frameworks under which the two articles examine the development cases.

scholarly journals Young Adults Failure to Thrive Syndrome

2013 ◽  
Vol 48 ◽  
pp. 169-187 ◽  
Author(s):  
Warren C. Sanderson ◽  
Vegard Skirbekk ◽  
Marcin Stonawski
Keyword(s):  
Young Adults ◽  
Career Paths ◽  
Failure To Thrive ◽  
Developed Countries ◽  
Economic Conditions ◽  
Policy Makers ◽  
Economic Basis ◽  
Long Run ◽  
Working Age ◽  
The Relationship

Many young working age adults in developed countries are failing to thrive in economic, demographic and social terms. Their failure to thrive is a relatively new phenomenon that has not been widely recognized, but it affects young adults in virtually all the more developed countries for which we have relevant data. Young adults nowadays are more often in poverty. They are leaving their parental homes at ever later ages and in some countries the frequency of psychological problems increased. The seriousness of failure to thrive syndrome is reflected in the relationship between relative economic conditions and increased suicide rates. The syndrome is important because young adults are at the prime ages for finding employment, establishing long-run career paths and building an economic basis for founding a family. Developing strategies to arrest the spread of failure to thrive syndrome among young adults, in order to keep them vibrant contributors to our societies, should be a priority for policy makers.

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