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2020 | Buch

Introduction: Setting the Stage Kapitel lesen Erstes Kapitel lesen

International Development Law

Rule of Law, Human Rights & Global Finance

verfasst von: Rumu Sarkar

Verlag: Springer International Publishing

Enthalten in: Springer Professional "Wirtschaft+Technik" , Springer Professional "Wirtschaft" , Springer Professional "Technik"

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Über dieses Buch

This book describes how international development works, its shortcomings, its theoretical and practical foundations, along with prescriptions for the future. International Development Law provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. In particular, the book provides new, innovative analysis on corruption as an impediment to sustainable development. The three interlocking facets of corruption are examined: transnational organized crime, Islamic-based international terrorism, and corruption within emerging economies and the international banking system. Thus fresh new analysis adds depth and clarity to a field that heretofore has been scattered and superficial. Finally, the “right to development” within the international human rights discourse is critically reviewed, particularly in light of new jurisprudence emerging from the African context.This book offers a fresh, new and balanced legal perspective on the development process. The text has been rigorously researched and has many practical facets based on the author’s professional experience within the international development field. It is an invaluable research and teaching tool since it takes a multidisciplinary approach to putting complex issues, legal trends and political questions into a clear, new perspective that is highly analytical as well as accessible to the reader. The author's elegant legal prose is both powerful and persuasive.

Inhaltsverzeichnis

Frontmatter
Chapter 1. Introduction: Setting the Stage
Abstract
At the outset, there are certain historical trends that form a backdrop to the overall discussion that follows and that merit some discussion. It is appropriate to begin with a fin de siècle analysis since we have ended a momentous century and have begun a new millennium. This is a most propitious time to revisit and assess the historical and other implications of the past eventful and stressful century and to explore the lessons it may hold for the future that is already overtaking us. Accordingly, this chapter will discuss certain significant historical trends, and establish a backdrop of two important factors: the failure of the state and the failure of ideology.
Rumu Sarkar
10. Correction to: International Development Law: Rule of Law, Human Rights & Global Finance (Second Edition)
Rumu Sarkar

The Rule of Law

Frontmatter
Chapter 2. The Rule of Law: Theoretical Principles
Abstract
The relationship between law and the process of development is highly problematic and has been the subject of intense controversy for several decades. This debate has been re-energized by the explosion of rule of law (ROL) programs being implemented in emerging economies and most developing countries. This chapter explores the theoretical foundations of development and describes a possible reconciliation of opposing viewpoints and approaches to development both in practice and in theory. This chapter also sets forth a new analytical framework for legal reform programs in light of the ROL work that has been completed since 1989.
Rumu Sarkar
Chapter 3. International Development Law: Substantive Principles
Abstract
This chapter outlines the contours of international development law as a new legal discipline. The following discussion will address the parameters, parties, fundamental principles, substantive legal norms, and the institutional framework for the subject.
Rumu Sarkar
Chapter 4. Is There a Human Right to Development?
Abstract
The clash of ideals is the most apparent in the arena of human rights. The challenge of a new dialogue on human rights lies in a redefinition of the legal, economic, social, and cultural values by developing countries, and in seeking common ground with the developed world. Forging a new “right to development” within the discourse on international development law is helping to establish a new and highly significant legal jurisprudence on the subject.
Rumu Sarkar

International Financial Architecture

Frontmatter
Chapter 5. Sovereign Borrowing and Debt: Legal Implications
Abstract
The following discussion of the international financial architecture explores four separate areas of international finance that are fundamentally interconnected: international borrowing practices, privatization, emerging capital economies, and the corruption of international capital markets. Considered together, these are the fundamental aspects of the underlying international financial architecture that supports (and undercuts) the development process globally. From a larger perspective, this part of the text is also dedicated to the idea of structural legal reform. Accordingly, this section focuses on global finance and the underlying legal structures that support it (or not, as the case may be). Changes in the legal architecture greatly affect the process and potential success of development, and the state plays a pivotal role in this.
Rumu Sarkar
Chapter 6. Privatization as a Development Strategy
Abstract
This chapter explores the implications of privatization as a development strategy. In particular, the historical implications of the cycle of nationalization followed by privatization will be explored in this context. The underpinnings of protectionist, nationalist and often tribalist sentiments motivating nationalization impulses, policies and programs will be critically examined. Privatization is often associated with encouraging free markets and developing the private sector as the engine of growth for the economy, but it has its downsides as well, as explored below. An overarching view of the oscillation between nationalization and privatization will be explored in this chapter.
Rumu Sarkar
Chapter 7. Emerging Capital Economies
Abstract
This chapter examines the importance of emerging capital markets, the reasons for their emergence, and potential future trends in their development. This discussion will examine what types of strategic planning and decision-making need to be undertaken by developing countries in order to structure their respective capital markets. Further, how can legal and regulatory regimes in need of systemic reform be modernized and updated in order to respond to the creation of new emerging capital markets? This chapter provides an analytical framework for structuring emerging capital markets, and highlights the importance of such markets to the overall development equation.
Rumu Sarkar
Chapter 8. Corruption and Its Consequences
Abstract
This chapter explores the causes and consequences of corruption from the perspective of how it impedes and often threatens the entire development equation. This discussion will examine corruption in light of the inter-linkages of a vicious circle of transnational organized crime, financing international terrorism, particularly Islamic-based terrorism, and the corruption of officials within the host government and in the private sector banking industry.
Rumu Sarkar
Chapter 9. Afterthought
Abstract
Let me leave this work by imparting my own sense of how much progress has been made and continues to be made generally in the field of international development. It is said that nations, like individuals, have their own destinies, and it is becoming increasingly clear that developing nations are all actively rewriting theirs. I can only hope that this somber and consequential enterprise will be undertaken with disciplined and ethical decision-making.
Rumu Sarkar
Backmatter
Metadaten
Titel
International Development Law
verfasst von
Rumu Sarkar
Copyright-Jahr
2020
Electronic ISBN
978-3-030-40071-2
Print ISBN
978-3-030-40070-5
DOI
https://doi.org/10.1007/978-3-030-40071-2

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