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Public Law and Legal Theory

2018

Public policy

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Community Participation In Development, George K. Foster Jan 2018

Community Participation In Development, George K. Foster

Vanderbilt Journal of Transnational Law

A remarkable series of legal reforms and private innovations has given municipalities, indigenous peoples, and other local groups vital opportunities to influence development projects and secure economic benefits. This Article demonstrates the existence of this global trend and offers a model for explaining how and why it has manifested, as well as why--despite impressive gains--many communities still lack what they would consider sufficient influence or benefits. First, the Article argues that all of the formal rights and powers that local interests have secured in recent years result from pressure by communities and their supporters and are designed to address specific …