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The centrality of natural resources to global economic growth has
placed the debate over their ownership and control at the forefront
of legal, territorial and political disputes. Combining both legal
and policy expertise with academic and practitioner perspectives
this book considers the dimensions of natural resource governance
at a time when disputes over their use grow more acute. Focusing on
the law, regulation and governance of natural resources, this
timely work examines in detail the conflicts and contradictions
arising at the intersection between international economic law,
sustainable development and other areas of international law, most
notably human rights law and environmental law. Exploring the views
of different stakeholder groups in the natural resources sectors,
key chapters consider whether their differing interests and
concerns are adequately addressed under national and international
law. This book will appeal to scholars of law, political science
and development studies. It will also benefit policy practitioners
and advocacy specialists in development NGOs, research institutes
and international organisations. Contributors include: S. Adelman,
J.P. Bohoslavsky, C. Buggenhoudt, L. Cotula, D. Davitti, J.
Faundez, J. Justo, L. Martin, J. McEldowney, S. McEldowney, C.
Ochoa, D. Ong, M. Picq, F. Smith, C. Tan, J. Van Alstine, E. Wilson
The centrality of natural resources to global economic growth has
placed the debate over their ownership and control at the forefront
of legal, territorial and political disputes. Combining both legal
and policy expertise with academic and practitioner perspectives
this book considers the dimensions of natural resource governance
at a time when disputes over their use grow more acute. Focusing on
the law, regulation and governance of natural resources, this
timely work examines in detail the conflicts and contradictions
arising at the intersection between international economic law,
sustainable development and other areas of international law, most
notably human rights law and environmental law. Exploring the views
of different stakeholder groups in the natural resources sectors,
key chapters consider whether their differing interests and
concerns are adequately addressed under national and international
law. This book will appeal to scholars of law, political science
and development studies. It will also benefit policy practitioners
and advocacy specialists in development NGOs, research institutes
and international organisations. Contributors include: S. Adelman,
J.P. Bohoslavsky, C. Buggenhoudt, L. Cotula, D. Davitti, J.
Faundez, J. Justo, L. Martin, J. McEldowney, S. McEldowney, C.
Ochoa, D. Ong, M. Picq, F. Smith, C. Tan, J. Van Alstine, E. Wilson
'In the galaxy of issues that developing countries are faced with
in their international economic relations, this publication manages
to focus on some critical areas of particular concern to developing
countries. Moreover, the issues focussed on have a contemporary
relevance touching as they do on financial reform, aid and IMF
conditionality, international trade and investment, multinational
corporations, competition, corruption, the environment and
intellectual property issues. This is a comprehensive appraisal of
development related problems in international economic relations
written by practitioners and academics in the field.' - Asif
Qureshi, University of Manchester, UK International Economic Law,
Globalization and Developing Countries explores the impact of
globalization on the international legal system, with a special
focus on the implications for developing countries. The onset of
the current process of globalization has brought about momentous
changes to the rules and processes of international law. This
comprehensive book examines a number of these changes, including
the radical expansion of international economic law, the increase
in the power of international economic organizations, and the new
informal approaches to law-making. The greater reliance on judicial
and arbitral mechanisms, and the proliferation of international
human rights instruments, many of which have a direct bearing on
international economic relations, are also discussed. The
contributors to this book are all prominent experts in the fields
of international law and international political economy, drawn
from both developing and developed countries. This insightful book
will appeal to scholars and advanced students with an interest in
international law, development studies, international political
economy and international governance. It will also be an
indispensable tool for practitioners - including members of leading
international NGOs, international lawyers, political scientists and
international development specialists. Contributors: Y. Akyuz, D.
Bradlow, E.R. Carrasco, P. Cullet, K.E. Davis, J. Faundez, M.E.
Footer, J. Harrison, F. Macmillan, K. McMahon, P. Muchlinski, T.
Novitz, P. Roffe, D. Salter, C. Tan, V.P.B. Yu III
The origins of the maritime dispute between Chile and Peru go back
to 1952, when these countries, along with Ecuador, asserted
sovereignty over 200 nautical miles from their coasts. This
maritime claim is widely regarded as one of the most important
contributions by a group of developing countries to the law of the
sea. Peru then asked the Court of International Justice to delimit
its lateral boundary with Chile in accordance with principles of
international law. Chile asked the Court to dismiss the request.
The question before the ICJ Justice was whether the treaty
concluded by the parties when they made their claim had also
delimited their lateral boundary. This book provides a critical
analysis of the approach to treaty interpretation by the
International Court of Justice in Maritime Disputes. Focusing on
the case of Chile and Peru, the book explores two main issues: the
interpretation of the Santiago Declaration and its connected
treaties; and the tacit agreement that established a lateral
maritime boundary with a seaward extension of 80 nautical miles.
Part I argues that the Court's finding that the Santiago
Declaration did not delimit the lateral boundary is mistaken
because it ignores its context, as well as its object and purpose.
Part II argues that the finding that the parties had entered into a
tacit agreement is an unjustified legal inference derived from a
hasty interpretation of the Special Agreement of 1954. It questions
that the reliability of the evidence used to determine the seaward
extent of the lateral boundary and argues that the Court failed to
demonstrate the bearing of contemporaneous developments in the law
of the sea on the content of the tacit agreement.
This stimulating new international study of the state of democracy
today contributes towards improving and deepening our understanding
of the democratic process, both in new and old democracies. It
brings together a leading group of international experts in the
fields of politics, economics, sociology, journalism, anthropology
and law. It covers key themes that have a bearing on the quality
and sustainability of democratic practices and relates them to
policies in specific countries or regions. A special concern of the
book is to identify and evaluate policies aimed at securing
improvements in democratic practices. Most countries in the world
today have embraced democracy. The rise of democracy has
strengthened support for human rights and is making possible the
resolution of many conflicts through political and legal means. In
many countries, however, the state of democracy is a cause of
concern. Countries that have recently become democratic are often
unable to satisfy elementary social and economic aspirations of
their citizens and many continue to restrict basic civil and
political freedoms. Voters' apathy, distrust of politicians, media
manipulation and corruption are issues that also trouble citizens
in old established democracies. This book was previously published
as a special issue of Democratization.
'In the galaxy of issues that developing countries are faced with
in their international economic relations, this publication manages
to focus on some critical areas of particular concern to developing
countries. Moreover, the issues focussed on have a contemporary
relevance touching as they do on financial reform, aid and IMF
conditionality, international trade and investment, multinational
corporations, competition, corruption, the environment and
intellectual property issues. This is a comprehensive appraisal of
development related problems in international economic relations
written by practitioners and academics in the field.' - Asif
Qureshi, University of Manchester, UK International Economic Law,
Globalization and Developing Countries explores the impact of
globalization on the international legal system, with a special
focus on the implications for developing countries. The onset of
the current process of globalization has brought about momentous
changes to the rules and processes of international law. This
comprehensive book examines a number of these changes, including
the radical expansion of international economic law, the increase
in the power of international economic organizations, and the new
informal approaches to law-making. The greater reliance on judicial
and arbitral mechanisms, and the proliferation of international
human rights instruments, many of which have a direct bearing on
international economic relations, are also discussed. The
contributors to this book are all prominent experts in the fields
of international law and international political economy, drawn
from both developing and developed countries. This insightful book
will appeal to scholars and advanced students with an interest in
international law, development studies, international political
economy and international governance. It will also be an
indispensable tool for practitioners - including members of leading
international NGOs, international lawyers, political scientists and
international development specialists. Contributors: Y. Akyuz, D.
Bradlow, E.R. Carrasco, P. Cullet, K.E. Davis, J. Faundez, M.E.
Footer, J. Harrison, F. Macmillan, K. McMahon, P. Muchlinski, T.
Novitz, P. Roffe, D. Salter, C. Tan, V.P.B. Yu III
The origins of the maritime dispute between Chile and Peru go back
to 1952, when these countries, along with Ecuador, asserted
sovereignty over 200 nautical miles from their coasts. This
maritime claim is widely regarded as one of the most important
contributions by a group of developing countries to the law of the
sea. Peru then asked the Court of International Justice to delimit
its lateral boundary with Chile in accordance with principles of
international law. Chile asked the Court to dismiss the request.
The question before the ICJ Justice was whether the treaty
concluded by the parties when they made their claim had also
delimited their lateral boundary. This book provides a critical
analysis of the approach to treaty interpretation by the
International Court of Justice in Maritime Disputes. Focusing on
the case of Chile and Peru, the book explores two main issues: the
interpretation of the Santiago Declaration and its connected
treaties; and the tacit agreement that established a lateral
maritime boundary with a seaward extension of 80 nautical miles.
Part I argues that the Court's finding that the Santiago
Declaration did not delimit the lateral boundary is mistaken
because it ignores its context, as well as its object and purpose.
Part II argues that the finding that the parties had entered into a
tacit agreement is an unjustified legal inference derived from a
hasty interpretation of the Special Agreement of 1954. It questions
that the reliability of the evidence used to determine the seaward
extent of the lateral boundary and argues that the Court failed to
demonstrate the bearing of contemporaneous developments in the law
of the sea on the content of the tacit agreement.
Law and Development emerged in the United States in the 1960s and
rapidly spread throughout the world. Its intellectual origins can
be traced back to the boundless confidence of some American legal
academics about the possibilities of achieving democratic change in
developing countries through legal means. Financial assistance from
the US government and US-based foundations enabled the launch of
scores of ambitious research projects and the rapid growth of legal
education programmes in the newly independent states of Asia and
Africa, as well as in several countries in Latin America. Thus, by
the late 1960s and early 1970s, as the number of academic lawyers
with direct knowledge of developing countries grew, the Law and
Development movement was recognized as an important new trend in
American legal education. During the 1960s Law and Development had
a crucial impact on lawyers and law schools in a variety of
countries, including Ethiopia, Sri Lanka, Chile, Peru, and
Colombia. By the early 1970s, however, the movement lost its
momentum, as some of its leading figures came to realize that
American liberal legalism could not easily be replicated in
developing countries. They refocused their attention to domestic
legal issues and soon became the precursors of the enormously
successful Law and Society and Socio-Legal Studies movements. By
the late 1980s, however, Law and Development made a remarkable
comeback, as the World Bank and bilateral donors began to
acknowledge the crucial role of legal institutions in the process
of development. As a consequence, Law and Development today
occupies a prominent place on the agenda of all major international
and national development agencies. It has also been firmly embraced
by most developing countries, as they adapt their institutions and
procedures to the demands generated by the process of
globalization. The four volumes in this new collection from
Routledge's Major Works series, Critical Concepts in Law, bring
together carefully selected materials that trace the evolution of
the Law and Development movement; identify the key theoretical
texts that have served as inspiration to this movement; provide a
representative collection of articles written by specialists from
various disciplines; and offer a selection of case studies and
policy-based papers on the implementation of Law and Development
projects. Edited by a leading scholar in the field, the collection
also contains an extensive Introduction that examines the past,
present, and future of Law and Development and will enable users to
place the collected materials in their historical and intellectual
context.
This stimulating new international study of the state of democracy
today contributes towards improving and deepening our understanding
of the democratic process, both in new and old democracies. It
brings together a leading group of international experts in the
fields of politics, economics, sociology, journalism, anthropology
and law. It covers key themes that have a bearing on the quality
and sustainability of democratic practices and relates them to
policies in specific countries or regions. A special concern of the
book is to identify and evaluate policies aimed at securing
improvements in democratic practices. Most countries in the world
today have embraced democracy. The rise of democracy has
strengthened support for human rights and is making possible the
resolution of many conflicts through political and legal means. In
many countries, however, the state of democracy is a cause of
concern. Countries that have recently become democratic are often
unable to satisfy elementary social and economic aspirations of
their citizens and many continue to restrict basic civil and
political freedoms. Voters' apathy, distrust of politicians, media
manipulation and corruption are issues that also trouble citizens
in old established democracies. This book was previously published
as a special issue of Democratization.
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