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Full-Text Articles in Law

The Ethnic Question In Law And Development, Lan Cao May 2004

The Ethnic Question In Law And Development, Lan Cao

Michigan Law Review

World on Fire: How Exporting Free Market Democracy Breeds Ethnic Hatred and Global Instability, by Professor Amy Chua, is an analytically complex narrative of contemporary ethnic violence in the current era of globalization. Although such violence has historical roots, according to Chua it has also been fueled by free-market forces and democratization. The book is a forceful and provocative indictment of the current U.S. policy of promoting and exporting markets and democracy to developing and formerly communist, market-transitional countries. In her book, Professor Chua applies her thesis - that ethnicity, global capitalism, and democracy are a volatile mix - …


What Can The Rule Of Law Variable Tell Us About Rule Of Law Reforms?, Kevin E. Davis Jan 2004

What Can The Rule Of Law Variable Tell Us About Rule Of Law Reforms?, Kevin E. Davis

Michigan Journal of International Law

In 2001 per capita income in Haiti was $480, the infant mortality rate was seventy-nine per 1000 live births and the illiteracy rate (age fifteen and over) hovered around fifty percent. By comparison, in the United States, less than two hours flying time away, the per capita income was $34,280, the infant mortality rate was seven per 1000 live births, and the illiteracy rate was negligible. Understanding the reasons why these sorts of disparities in important measures of development arise and persist is one of the greatest challenges in all of the social sciences.


Methods Of Power For Development: Weapons Of The Weak, Weapons Of The Strong, John Braithwaite Jan 2004

Methods Of Power For Development: Weapons Of The Weak, Weapons Of The Strong, John Braithwaite

Michigan Journal of International Law

Peter Drahos and John Braithwaite conducted a study during the 1990s on global business regulation, interviewing more than five hundred key players in approximately twenty globalizing business regulatory regimes. Results from that study are used in this paper to inform the identification of seven elements of American power in global governance. The paper then poses the question whether those elements can be acquired by developing countries.


Development Finance: Beyond Budgetary "Official Development Assistance", Anthony Clunies-Ross Jan 2004

Development Finance: Beyond Budgetary "Official Development Assistance", Anthony Clunies-Ross

Michigan Journal of International Law

Budgetary appropriations by rich-country governments constitute the standard method of providing external funds for welfare and growth in developing countries. This source seems likely, however, to prove inadequate to meet the estimated external finance needed to contribute to the achievement of the Millennium Development Goals.


Financing For Development, The Monterrey Consensus: Achievements And Prospects, Abdel Hamid Bouab Jan 2004

Financing For Development, The Monterrey Consensus: Achievements And Prospects, Abdel Hamid Bouab

Michigan Journal of International Law

The International Conference on Financing for Development, held in Monterrey, Mexico, in March 2002, marked the beginning of a new international approach to dealing with issues of development finance. It resulted from a unique process that broke new ground in bringing together all relevant stakeholders in a manner that was unprecedented in inclusiveness. Under the umbrella of the United Nations, all parties involved in the financing for development process contributed to creating a policy framework, the Monterrey Consensus of the International Conference on Financing for Development, to guide their respective future efforts to deal with issues of financing development at …


The Future Of Law And Development: Second Generation Reforms And The Incorporation Of The Social, Kerry Rittich Jan 2004

The Future Of Law And Development: Second Generation Reforms And The Incorporation Of The Social, Kerry Rittich

Michigan Journal of International Law

This paper probes the manner in which the IFIs are managing the incorporation of social justice and greater participation in the development agenda, and describes how the pursuit of social objectives, in turn, is affected by the governance agenda as a whole.


The Purpose Of Development, Kamal Malhotra Jan 2004

The Purpose Of Development, Kamal Malhotra

Michigan Journal of International Law

Paper and presentation by Kamal Malhotra, Senior Adviser, Inclusive Globalization, Bureau for Development Policy, United Nations Development Programme, New York, at the "Globalization, Law, and Development" conference at the University of Michigan, Ann Arbor, April 16-18, 2004. This paper covers the topic of defining human development, human poverty, recently neglected human development despite a long history, and measuring human development.


The Political Economy Of Rule Of Law Reform In Developing Countries, Ronald J. Daniels, Michael Trebilcock Jan 2004

The Political Economy Of Rule Of Law Reform In Developing Countries, Ronald J. Daniels, Michael Trebilcock

Michigan Journal of International Law

In this paper, the authors briefly review the recent experience with rule of law reform initiatives in Latin America, Africa, and Central and Eastern Europe, drawing on more detailed case studies by the authors. The authors are currently working on a similar case study on rule of law reform experiences in Asia.


Development, Globalization, And Law, Robert L. Kuttner Jan 2004

Development, Globalization, And Law, Robert L. Kuttner

Michigan Journal of International Law

Is global commerce under essentially laissez-faire rules optimal for economic development? In this era of liberated and deregulated markets, and after the final collapse of communism, a great many commentators would consider that a self-evident question. Of course free global commerce is good for economic development, because we know that the freest possible markets produce the most efficient use of resources and the highest available rates of economic growth. And growth benefits development. How could it be otherwise? And what is the role of law in facilitating commerce and in contouring a particular regime of domestic and transnational commerce and …


Development: Domestic Constraints And External Opportunities From Glabalization, T. N. Srinivasan Jan 2004

Development: Domestic Constraints And External Opportunities From Glabalization, T. N. Srinivasan

Michigan Journal of International Law

In what follows, this Article first discusses the process of development in Section II. Section III is devoted to the external aspects of development, namely international trade, finance, and intergovernmental organizations. Section IV is concerned with the domestic dimensions and legal reform, drawing on the debate on legal reforms in India. The author offers a few concluding remarks in Section V.


The Importance Of Core Labor Rights In World Development, Jonathan P. Hiatt, Deborah Greenfield Jan 2004

The Importance Of Core Labor Rights In World Development, Jonathan P. Hiatt, Deborah Greenfield

Michigan Journal of International Law

This Article discusses the meaning and significance of core labor standards and the importance of linking them to trade agreements. It explains why the "protectionist" label often attributed to such linkage efforts by their detractors is misleading, as the example of China illustrates, repression of labor rights constitutes a form of unfair competition which undermines efforts to create a more just and stable world economy.


Globalization, Law And Development: Introduction And Overview (Globalization, Law And Development Conference), Michael S. Barr, Reuven S. Avi-Yonah Jan 2004

Globalization, Law And Development: Introduction And Overview (Globalization, Law And Development Conference), Michael S. Barr, Reuven S. Avi-Yonah

Articles

The current period of globalization (defined loosely as increasing global economic integration), which began with the liberalization of exchange and capital controls and lowering of trade and investment barriers in the 1980s, is not the first time the world got economically smaller. The period from 1870 to the outbreak of World War I in 1914 was by some measures (such as the percentage of GNP in developed countries derived from overseas investment, and labor migration) marked by more extensive globalization than the post-1980 one. This earlier globalization came to a halt with the hostilities of World War I, followed by …