International Development Law

Abstract

The field of law and development examines the role of law, legal institutions, and legal systems in economic, social, and political development. As a comparatively recent field emerging in the 1960s, law has become an increasingly important aspect of the issues and debates surrounding international development, particularly since the 1990s. Debate continues over the meaning of “development” and what constitutes international development law, as well as over theoretical approaches: the character, role, and impact of legal institutions and development actors; the structures and processes of development; and the principles and norms that are already or arguably ought to be in the system. International development law generates a range of practical challenges, including implementation and enforcement of a right to development; the role of state, and the role of an increasingly globalized civil society; the rule of law; environmental sustainability; land reform; poverty and aid; issues of gender in law and development; law-building in post-conflict situations; transparency and accountability for donors and recipients; and the relationship between human rights, social justice, and rule of law. The centrality of sustainable development, the complexities of globalization, the private sector, civil society, new technologies, and the rise of emerging powers—some as new “nontraditional” donors—further add to the necessity and importance of understanding law and the sustainability of development. Together, these factors of change and transformation provoke new thinking and debate within this field on the role of the state in development and how the international legal rules of the game should operate. From the perspectives of developing countries, primary issues of concern relate to development cooperation and pro-poor, inclusive growth; improved access to trade for small enterprises; development effectiveness; South-South dialogue; climate change; and low-carbon development. Environmental protection and sustainable development represent significant challenges for international law-making, while also offering innovative solutions to some of the systemic problems of the international legal order. One central thrust of contemporary analysis and practice in law and development is the search for better understanding of the relationships between social and cultural factors and international development law in promoting more multidisciplinary approaches. Another central theme is the role of the state in development. The state is not simply a formal legal institution, but has both internal structures of legal competence and external, international legal commitments. There is a pattern of litigation history between the compatibility of the two, with implications for development law. Extensive debate continues over what constitutes development, why and how developing countries should pursue it, and what the eventual goal ought to be. This debate is necessary in retaining the vitality and practical relevancy of law. Development constitutes a form of social and societal change, and the relevancy of law depends on its responsiveness to such change; as such, the role of law in development should be of significant, if not dominant, importance.