Law Commons^™

The Deceptive Dyad: How Falseness Structures International Law, Jason A. Beckett

Faculty Journal Articles

Public International Law (PIL) is portrayed as an autonomous and tolerably just legal system. A determinable system of rules and principles, deployed by professionals to evaluate and constrain the global machinations of power politics. Law as an authoritative structure through which global justice can be pursued. This entrenches a comforting, but false, progress narrative; and obscures the limitations of pursuing progressive change through international law. PIL is structured by false necessity and false contingency. These interact to create the Deceptive Dyad, which disguises the radical indeterminacy of PIL. PIL’s purported demands, however meticulously crafted, do not effect change in the …

Harry Potter And The Gluttonous Machine, Jason A. Beckett

Faculty Journal Articles

In this paper, I outline the colonial structure of international law, and examine the short decline or suppression of its coloniality in the so-called ‘era of decolonisation’, then illustrate its resurgence in the modern neo-colonial order. PIL has split into two separate systems. One includes, and is justified by, the heroic tales of human rights and ‘Humanity’s Law’. The other is the actualised system of International Economic Law (IEL), an order driven by the need of the over-developed states to plunder the under-developed states’ resources and labour, to subsidise the luxury to which we have grown accustomed. One purports to …

Doing Development Differently: Reorienting Sino-African Trade And Investment Relations After The Pandemic, Olabisi D. Akinkugbe, Clair Gammage

Articles, Book Chapters, & Popular Press

This article explores the evolutive nature of Sino-African relations and questions how Chinese interventions may influence Africa’s development stories in a post-Covid world. We examine whether the crisis could serve as a catalyst for reorienting the strategic partnership between China and Africa away from debt diplomacy towards genuine partnership or a breaking apart of the long-standing relationship. This article presents three narratives to illustrate how the future direction of Sino-African relations may change and how this might enable Africa to ‘do development differently’.

Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski

Law Faculty Scholarship

The refugee crisis at the US Southern Border is due to multiple compounding factors: Latin America’s over-reliance on commodities, failure to economically diversify to innovation, and a lack of coherent US strategic engagement with the region. The situation is hemispheric; imploding states and a serious humanitarian calamity loom ever larger on the southern horizon. Since this represents a long-term problem requiring strategic and sustainable development initiatives, a new Alliance for Progress for the 21st Century is proposed which will build partnerships to advance innovation-driven development across the region.

Martin Luther King, Jr. Celebration Keynote Speaker: Don Graves, Deputy Assistant To President Obama And Counselor To Vice President Biden: January 24, 2017, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Newsroom: Ap: Chung On 38 Studios Settlement 03-14-2016, Michelle R. Smith, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Relevance Of The Regulatory State In North/South Intersections, Mark Findlay, Si Wei Lim

Research Collection Yong Pung How School Of Law

Purpose – What seems like a new social anthropology of global regulation is an endeavour much too grand for this paper, even though it has much merit. To contain the analysis which follows, the discussion of social embeddedness will be restricted to a comparison of markets which retain some local or regional integrity from those which have become largely removed from cultural or communal social bonds. An example is between markets trading in goods and services with a consumer base which is local and subsistence, and markets in derivative products that are inextricably dependent on supranational location. The paper aims …

Conflating Politics And Development? Examining Investment Treaty Arbitration Outcomes, Susan Franck

Articles in Law Reviews & Other Academic Journals

International dispute settlement is an area of ongoing evaluation and tension within the international political economy. As states continue their negotiations for the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP), the efficacy of international arbitration as a method of dispute settlement remains controversial. Whereas some sing its praises as a method of protecting private property interests against improper government interference, others decry investment treaty arbitration (ITA) as biased against states. The literature has thus far not disentangled how politics and development contribute to investment dispute outcomes. In an effort to control for the effect of internal …

China In Africa: What The Policy Of Nonintervention Adds To The Western Development Dilemma, Madison Condon

Faculty Scholarship

Chinese investment activity in Africa has skyrocketed in recent years, outpacing every other nation except South Africa. China finances more infrastructure projects in Africa than the World Bank and provides billions of dollars in low-interest loans to the continent’s emerging economies. These loans and investments are typically made in exchange for securing access to natural resources. Based on its principles of nonintervention and respect for sovereignty, China gives this money with little or no strings attached. The West, which typically conditions its loans on initiatives like democracy promotion and corruption reduction, has labeled China a “rogue donor,” whose actions will …

Law And Development: The Way Forward Or Just Stuck In The Same Place?, D. Daniel Sokol

UF Law Faculty Publications

This Essay does three things. First, it provides an overview of Law and Development issues. Second, it responds to other pieces in the symposium "The Future of Law and Development". Third, it suggests that to measure success, Law and Development needs clearer goals.

Canada's Evolving Tax Treaty Policy Toward Low-Income Countries, Kim Brooks

Articles, Book Chapters, & Popular Press

Relative to at least some high-income countries, Canada has been willing to negotiate tax treaties that leave greater jurisdiction to tax (ie. more source jurisdiction) to low-income countries in its tax treaties. Nevertheless, Canada's tax treaty policy has not been overwhelmingly generous. This essay takes as its starting point Alex Easson's 1988 paper, The Evolution of Canada's Tax Treaty Policy Since the Royal Commission on Taxation. Focusing on the evolution of Canada's tax treaty policy since 1988, the essay examines three aspects of Canada's tax treaties that might increase the scope for source-based taxation by low-income countries. First, it examines …

Domestic Bonds, Credit Derivatives, And The Next Transformation Of Sovereign Debt, Anna Gelpern

Articles in Law Reviews & Other Academic Journals

Not long ago, financial markets in most poor and middle-income countries were shallow to nonexistent, and closed to foreigners. Governments often had to rely on risky borrowing abroad; the private sector had even fewer options. But between 1995 and 2005, domestic debt in the emerging markets grew from $1 trillion to $4 trillion. In Mexico, domestic debt went from just over 20% of the total government debt stock in 1995 to nearly 80% in 2007. Foreign and local investors are buying. Over the same period, derivative contracts to transfer emerging market credit risk surpassed the market capitalization of the benchmark …

Immigrant Remittances, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

Remittances, the sending of money from immigrants back to their home countries, are the newest anti-poverty, development activity of the poor to be applauded by international institutions and economists. Exceeding foreign aid and private investment to many developing countries, remittances are being hailed as a new, untapped resource with powerful poverty alleviation and potential development attributes. After presenting the poverty, developmental, and economic characteristics of this new transnational connection between immigrants and their loved ones, as well as the dangerous effects of excessive remittance regulation, the author argues that remittances should be understood as an anti-poverty tool, but not as …

Learning To Learn: Undoing The Gordian Knot Of Development Today, Charles F. Sabel, Sanjay G. Reddy

Faculty Scholarship

The deep flaw of existing approaches to development is their dirigisme: the assumption, common to nearly all development theory, that there is an expert agent that already sees the future. A common thread connects the emergent alternatives to development orthodoxy: the enhancement of the conditions of individual and collective learning. This approach to development highlights the existence of unresolved problems and the necessity of problem solving in every sphere. The enhancement of the conditions of learning can be the key to improving performance, resolving deadlocks, and overcoming blockages, at every level at which common dilemmas and collective problem solving occur …

The Law And Economics Of Development And Environment: An Introduction To The Symposium, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Deconstructing Development, Jon H. Sylvester, Ruth E. Gordon

Publications

The objective in this article is to construct and then deconstruct the concept of development, and to question whether development is so fundamentally flawed that it should be abandoned in favor of a post-development paradigm.

Part I constructs the theory of development, beginning with the discovery of global poverty after the Second World War. It establishes how poverty is in some respects socially contingent, and how the notion of global poverty suddenly homogenized and problematized the lives of the majority of the world's peoples. With the impending Cold War and the disintegration of colonial empires as crucial backdrops, industrialized nations …

Constitution-Making In Africa: Assessing Both The Process And The Content, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

African Integration Schemes: A Case Study Of The Southern African Development Community, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

Anglo-American Jurisprudence And Latin America, John Linarelli

Scholarly Works

No abstract provided.

The Need For The Harmonisation Of Trade Laws In The Southern African Development Community (Sadc), Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

Privatizing Public Lands: A Bad Idea, Scott Lehmann

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

8 pages.

Contains references.

Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.

In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.

A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …

External Sovereignty And International Law, Ronald A. Brand

Articles

This essay addresses the need to redefine current notions of sovereignty. It returns to earlier concepts of subjects joining to receive the benefits of peace and security provided by the sovereign. It diverges from most contemporary commentary by avoiding what has become traditional second-tier social contract analysis. In place of a social contract of states, this redefinition of sovereignty recognizes that international law in the twentieth century has developed direct links between the individual and international law. The trend toward democracy as an international law norm further supports discarding notions of a two-tiered social contract relationship between the individual and …

Ogallala Ground Water, Morton W. Bittinger

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

12 pages.