Law reform projects and the Analytical Law and Development Model

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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Fairness and International Environmental Law from Below: Social Movements and Legal Transformation in India

Leiden Journal of International Law ◽

10.1017/s0922156512000118 ◽

2012 ◽

Vol 25 (2) ◽

pp. 415-441 ◽

Cited By ~ 4

Author(s):

KISHAN KHODAY ◽

USHA NATARAJAN

Keyword(s):

Developing Countries ◽

Social Movements ◽

Environmental Law ◽

Extractive Industries ◽

Law Reform ◽

International Level ◽

International Environmental Law ◽

Law And Development ◽

The Future ◽

Domestic Law

AbstractThis article considers fairness in international environmental law (IEL) in light of the convergence of two contemporary phenomena: the rise of social movements and the increasing power of large developing countries. These two trends will be determinative for the future of IEL. They have brought issues of fairness, equity, and justice to the forefront of contemporary IEL debates. Despite inability to adequately address issues of fairness at the international level, as demonstrated by negotiating gridlock at international summits, IEL can evolve in more equitable directions through the influence of subaltern experiences. This article examines domestic law-reform efforts of Indian social movements, focusing particularly on indigenous movements responding to extractive industries, with a view to determining international implications. The way states such as India address environment-related conflict, respond to demands for fairness, and evolve domestic understandings of inclusive and sustainable law and development will increasingly shape IEL.

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Legal Development and Globalization: Some Contemporary Issues in Indonesia and Global Context

Journal of Law and Legal Reform ◽

10.15294/jllr.v1i3.38544 ◽

2020 ◽

Vol 1 (3) ◽

pp. i-iv

Author(s):

Ridwan Arifin

Keyword(s):

Law Enforcement ◽

Legal Reform ◽

Law Reform ◽

Original Research ◽

Law And Development ◽

Global Context ◽

Legal Development ◽

Rapid Changes ◽

The Law ◽

The Impact

When there is society, there always law, ubi societas ibi ius, has been impressed us that society always changes everyday and it impacted to the law enforcement itself. The inability of the law to respond the rapid changes even disruptive changes in the society raises its own problems in one hand, and challenges in the other hands. At this third issue, Journal of Law & Legal Reform Volume 1 Issue 3 (April 2020) presents some articles both original research articles and review articles from various institution and country. At this issue, the editor team highlight the focus theme “Law and Development in Disruptive Era (Indonesia and Global Context)” to give a high impression that this volume not only debating the contemporary issues concerning to legal development, but also the impact of law changes or law reform in the society itself.

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Unpacking Legal Pluralism in Commonwealth Africa – Towards Strengthening Methods for Rule of Law Programming for Development

The Law and Development Review ◽

10.1515/ldr-2018-0022 ◽

2018 ◽

Vol 11 (2) ◽

pp. 277-332

Author(s):

Elizabeth Bakibinga-Gaswaga

Keyword(s):

Sustainable Development ◽

Rule Of Law ◽

Legal Pluralism ◽

Law Reform ◽

Washington Consensus ◽

Legal Systems ◽

Law And Development ◽

The Rule Of Law ◽

The Impact

Abstract Agenda 2030 for Sustainable Development has brought the rule of law to the forefront in the quest for sustainable development, with emphasis on Africa and the rest of the developing world. To ensure that law contributes to sustainable development, it is critical to address the mismanagement of legal pluralism in Commonwealth member countries in Africa, demonstrated by the conflict of legal systems and the stagnant evolution of institutions of governance in the aftermath of independence after colonial rule, and the current neoliberal economics-oriented/institutional approach based on the Washington Consensus. The current approaches to rule of law reform and development have resulted in the status quo in Africa, where the role of law and legal systems for sustainable development is not explicitly evident. The law is not applied consciously for development and the role of legal practitioners in development is undermined. An understanding of the impact of colonialism and post-colonial legal systems and the impact of the Washington Consensus; the influence of intergovernmental organizations and international non-governmental actors in providing rule of law reform assistance; and the methodology through which the technical assistance for law and development has been implemented to date is critical to developing new methods/approaches to the rule of law and development.

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