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This title poses a challenge to the consensus on the best way to
reform legal systems in order to attract and support foreign direct
investment (FDI) in developing countries. Using detailed examples
from Sri Lanka, it shows that the "ideal paradigm" approach to
legal reform espoused by multilateral development organizations and
bilateral aid donors is not only fundamentally flawed, but
misconceived for reasons that we may not fully understand. The
author recommends a shift in emphasis from the "global" legal
reform agenda to a country-specific approach, based on a rigorous
formulation of the common ground where the expectations of
investors and the countries in question meet. The crux of this
"ideal paradigm" approach resides in the generally accepted belief
that a Western-style market-oriented, rule-bound legal system is
the sine qua non of successfully attracting and supporting FDI.
However, through a wide-ranging survey of Sri Lankan and foreign
business people, lawyers, non-legal advisers, NGO workers,
diplomats, development workers, and government officials, Perry
shows that this is far from the case. Investors are generally
insensitive to the nature of the host state legal system when
making the decision to invest, and their perceptions and
expectations of the host state legal system may be significantly
affected by such factors as their nationality, export orientation
and size. Perry suggests that the conclusions drawn from this
detailed analysis from Sri Lanka, applied on a global scale, have
the potential to greatly improve the quality of many developing
countries' participation in the world economy. The positive and
forward-looking thesis of this book will be of great value to
policymakers in international organisations and donor government
agencies, to law firms handling international business
transactions, and to academics in development and other areas of
international finance, as well as to investors everywhere.
This visually rich, experience-led collection explores what design
can do for legal education. In recent decades design has
increasingly come to be understood as a resource to improve other
fields of public, private and civil society practice; and legal
design-that is, the application of design-based methods to legal
practice-is increasingly embedded in lawyering across the world. It
brings together experts from multiple disciplines, professions and
jurisdictions to reflect upon how designerly mindsets, processes
and strategies can enhance teaching and learning across higher
education, public legal information and legal practice; and will be
of interest and use to those teaching and learning in any and all
of those fields.
This book is the first to explore what design can do for sociolegal
research. It argues that designerly ways-mindsets that are
practical, critical and imaginative, experimental processes and
visible and tangible communication strategies-can be combined to
generate potentially enabling ecosystems, and that within these
ecosystems the abilities of a researcher to make meaningful
contributions and to engage in meaningful research relations, both
within our research community and in the wider world, can be
enhanced. It is grounded in richly illustrated examples of
sociolegal researchers working in design mode, including original
individual and collaborative experiments involving a total of over
200 researchers and of experts from subfields such as social
design, policy design and speculative design working on issues of
sociolegal concern. It closes with an opening- a set of accessible
sociolegal design briefs on which the impatient can make an
immediate start. Written by an experienced sociolegal researcher
with formal training in graphic design, the book is primarily
focused on what the sociolegal research community can take from
design, but it also offers lessons to designers, especially those
who work with law.
This volume establishes a theoretical framework for exploring the
role of host state legal systems (courts and bureaucracies) in
mediating relations between foreign investment, civil society and
government actors. It then demonstrates the application of that
framework in the context of the south Indian city of Bengaluru
(formerly Bangalore). Drawing on the 'law-and-community' approach
of Roger Cotterrell, the volume identifies three mechanisms through
which law might, in theory, ensure that social relations are
productive: by expressing any mutual trust which may hold actors
together, by ensuring that actors participate fully in social life
and by coordinating the differences that hold actors apart.
Empirical data reveals that each of these legal mechanisms is at
work in Bengaluru. However, their operation is limited and skewed
by the extent to which actors use, abuse and/or avoid them.
Furthermore, these legal mechanisms are being eroded as a direct
result of the World Bank's 'investment climate' discourse, which
privileges the interests and values of foreign investors over those
of other actors.
This collection explores the analytical, empirical and normative
components that distinguish socio-legal approaches to international
economic law both from each other, and from other approaches. It
pays particular attention to the substantive focus (what) of
socio-legal approaches, noting that they go beyond the text to
consider context and, often, subtext. In the process of identifying
the 'what' and the 'how' (analytical and empirical tools) of their
own socio-legal approaches, contributors to this collection reveal
why they or anyone else ought to bother--the many reasons 'why' it
is important, for theory and for practice, to take a social legal
approach to international economic law.
Law in the Pursuit of Development critically explores the
relationships between contemporary principles and practice in law
and development. Including papers by internationally renowned, as
well as emerging, scholars and practitioners, the book is organized
around the three liberal principles which underlie current efforts
to direct law towards the pursuit of development. First, that the
private sector has an important role to play in promoting the
public interest; second, that widespread participation and
accountability are essential to any large scale enterprise; and
third, that the rule of law is a fundamental building block of
development.
This insightful and provocative collection, in which
contributors critique both the principles and efforts to implement
them in practice, will be of considerable interest to students,
academics and practitioners with an interest in the fields of law
and development, international economic law, and law and
globalization.
This volume establishes a theoretical framework for exploring the
role of host state legal systems (courts and bureaucracies) in
mediating relations between foreign investment, civil society and
government actors. It then demonstrates the application of that
framework in the context of the south Indian city of Bengaluru
(formerly Bangalore). Drawing on the 'law-and-community' approach
of Roger Cotterrell, the volume identifies three mechanisms through
which law might, in theory, ensure that social relations are
productive: by expressing any mutual trust which may hold actors
together, by ensuring that actors participate fully in social life
and by coordinating the differences that hold actors apart.
Empirical data reveals that each of these legal mechanisms is at
work in Bengaluru. However, their operation is limited and skewed
by the extent to which actors use, abuse and/or avoid them.
Furthermore, these legal mechanisms are being eroded as a direct
result of the World Bank's 'investment climate' discourse, which
privileges the interests and values of foreign investors over those
of other actors.
This collection explores the analytical, empirical and normative
components that distinguish socio-legal approaches to international
economic law both from each other, and from other approaches. It
pays particular attention to the substantive focus (what) of
socio-legal approaches, noting that they go beyond the text to
consider context and, often, subtext. In the process of identifying
the 'what' and the 'how' (analytical and empirical tools) of their
own socio-legal approaches, contributors to this collection reveal
why they or anyone else ought to bother--the many reasons 'why' it
is important, for theory and for practice, to take a social legal
approach to international economic law.
Law in the Pursuit of Development critically explores the
relationships between contemporary principles and practice in law
and development. Including papers by internationally renowned, as
well as emerging, scholars and practitioners, the book is organised
around the three liberal principles which underlie current efforts
to direct law towards the pursuit of development. First, that the
private sector has an important role to play in promoting the
public interest; second, that widespread participation and
accountability are essential to any large scale enterprise; and
third, that the rule of law is a fundamental building block of
development.
This insightful and provocative collection, in which
contributors critique both the principles and efforts to implement
them in practice, will be of considerable interest to students,
academics and practitioners with an interest in the fields of law
and development, international economic law, and law and
globalization.
An edited collection of papers arising from a conference on Law and
Development in the 21st Century held in 2001. In honour of the work
of Dr Peter Slinn, the book draws together the lessons and
challenges faced in relation to law and development in the 21st
century, with particular reference to the concerns of Commonwealth
states. It addresses practical and theoretical aspects of law and
economic, social and political development at national and
international levels. Students, academic and practitioners in the
fields of law and development, development studies and public
administration should find the book of interest.
Senators and Representatives are frequently asked to support or
sponsor proposals recognizing historic events and outstanding
achievements by individuals or institutions. Among the various
forms of recognition that Congress bestows, the Congressional Gold
Medal is often considered the most distinguished. This book
responds to congressional inquiries concerning the nature, history,
and contemporary application of the process for awarding Gold
Medals, and includes a historical examination and chronological
list of these awards.
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