International law and development

2020 ◽  
pp. 167-187
Author(s):  
Radha D’Souza
Keyword(s):  
International Law ◽  
Law And Development

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.

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.

The Methodological Problems of International Law And Development

1982 ◽  
Vol 26 (1) ◽  
pp. 8-11 ◽  
Author(s):  
Ian Brownlie
Keyword(s):  
International Economic ◽  
International Law ◽  
International Economic Order ◽  
Law And Development ◽  
Technical Problems ◽  
Customary International Law ◽  
The Real ◽  
Entire Career ◽  
Methodological Problems ◽  
Constructive Criticism

My approach in introducing the discussion must be that of the “necessary hostility” of the practitioner who sees the client privately and tries to raise the real difficulties so that these are tackled constructively before the opposition is let loose on the client. Thus the tactic is that of constructive criticism, asking the tough questions. It is well known that multinationals and other interested parties are well served by international lawyers who will not neglect the tough technical problems.No doubt methodology can be over-emphasised. It is clear that many lawyers have long and successful careers probably without once stopping to worry about methodology. In contrast are the linguistic philosophers who are rather like the gardener who spends his entire career in the tool shed and seed store but never gets out and grows any vegetables. Whilst the problems can be exaggerated, nonetheless there are problems and in a sense I want to raise questions without having firm views about the answers. I think this is exactly the forum in which we can exchange our views and impressions.In my opinion the New International Economic Order presents problems of sources of a magnitude which is greater than the problems which have to be faced even when one is dealing with relatively old established parts of customary international law. In the first place we look at the nature of the sources. There is an incredible variety of sources, using the term “sources” in a rather question-begging way.

Legal Pluralism Explained

2021 ◽  
Author(s):  
Brian Z. Tamanaha
Keyword(s):  
International Law ◽  
Historical Context ◽  
Legal Pluralism ◽  
Customary Law ◽  
Legal Anthropology ◽  
Social Scientists ◽  
Law And Development ◽  
Indigenous Law ◽  
Transnational Law ◽  
Religious Law

Legal pluralism involves the coexistence of multiple forms of law. This includes state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, comparative law, international law, transnational law, jurisprudence, and law and development scholarship. This book places legal pluralism in historical context going back to the Medieval period, describes the origins of legal pluralism in postcolonial countries and its implications today, identifies manifestations of legal pluralism within Western societies, discusses contemporary transnational legal pluralism, identifies problems with current theoretical accounts of legal pluralism, and articulates an approach to legal pluralism that avoids theoretical problems and is useful for social scientists, theorists, and law and development scholars and practitioners.

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