Role Of Law In Development Research Articles

Peran Hukum Dalam Percepatan Pembangunan Ekonomi

The purpose of this study is to examine the relationship between law and economics, not a one-way relationship but a reciprocal and mutually influencing relationship. In fact, it is often said that the legal relationship with the economy is like two sides of a coin that cannot enter and complement each other. The role of law in economic development can be briefly interpreted as an effort to increase per capita income continuously and gradually. The research method uses the type of library research, normative juridical research approach, data sources from secondary data and qualitative data analysis. The results show that the economic order must be instrumental in overcoming the problems that exist in every economic society, namely economic functions, economic activities and economic order that lead to a policy. Economic law is needed as a driver to balance the increase in economic activity so that its implementation does not violate the interests of the general public. The role of law in development has a more comprehensive and basic meaning than the term legal development or legal reform. Legal development refers more to efficiency, in the sense of increasing legal efficiency. "Legal reform" contains the meaning of compiling a legal system to adapt to changes in society

THE ROLE OF THE LAW IN DEVELOPMENT ACCELERATION TO GENERATE PEOPLE WELL-BEING

The role of law in national development has a strategic role. The state is seen as the primary vehicle for implementing the plans that have been made and the law as a means of translating development goals into applied norms. The results show that the role of law in national development includes law as a tool of social engineering, law as a tool of social control, law as a means of controlling development, law as a means of enforcing justice, and law as a community education. Laws play an important role in national development. Indonesia as a constitutional state has laws that regulate various aspects of state life. Government policies are implemented with the aim of providing welfare. The conclusion in this paper is that the role of law in development has actually begun to appear when decisions made by development planners must be carried out.

Hak Guna Bangunan Untuk Investasi dalam Bidang Pariwisata

The role of the National Land Law in development is not yet perfect, but in reality the National Land Law has also succeeded in supporting development activities in all fields in the supply and management or utilization of the required land and legal certainty in its control and management or use. This study aims to examine building rights for investment in tourism. The method used is a normative research method due to legal uncertainty in the regulation of building rights as a form of tourism investment. The development of the tourism industry has an impact on various aspects of people's lives, both from the planned tourism industry and the unplanned implementation of the tourism industry.The impact of the planned implementation of the tourism industry development can be optimally anticipated. The principles of carrying out investments by using building rights as the basis for their rights can help the development of tourism because the holders of land titles do not lose ownership of their land. The structuring of sustainable tourism development is a development that has economic, socio-cultural and environmental dimensions so that it has justice not only for future generations. In this construction, tourism must be seen as a system that includes various components that interact with and influence each other. Therefore, it is needed a synergy of policies governing the implementation of tourism with a multisectoral and multidisciplinary approach to service integration, and the synergy of the government and the community in the use of land with Building Use Rights for tourism purposes

De-Growth and Sustainable Development: Rethinking Human Rights Law and Poverty Alleviation

Abstract In strong definitions, sustainable development has been argued to imply the prevalence of the environmental dimension over the economic one. The prioritization of the environmental (planet) and (arguably also the) social (people) pillar over the economic (profit) one may require a rather radical departure from assumptions of economic growth, including zero-growth or even de-growth, as argued in post-growth or ecological economics. This article asks the “what if” question. What if unorthodox, ecological economics got it right that post-growth or growth agnosticism is the new economic norm? What are the implications for human rights law and for the field of human rights and development? How could poverty alleviation look like in a growth agnostic scenario? The objective of this article is to draw out in an exploratory way some of the implications of strong definitions of sustainable development for human rights law and its relevance for development. At first, this intellectual exercise may look irrelevant or even cynical in the context of Africa, where more than 40% of the population, more than 300 million people, live in poverty. However, I see two major reasons for also debating in an African context the implications of growth agnosticism for human rights law. First, economic growth does not necessarily lead to economic development, let alone human development, and has typically come at a huge environmental cost. Alternative approaches that focus more directly on human well-being and ecological sustainability may help avoid a simple mimicking of the historical development of the global North. Second, ecological economics shifts the attention from growth to redistribution. The latter is a key challenge within Africa and within African countries, as well as from a global perspective. I examine how to factor in the consequences of post-growth or doughnut economics in the conceptual analysis of socio-economic human rights, and in the role of human rights law in development (cooperation), globally and nationally. In particular, I will try and set a research agenda on two issues that require further examination: the redefinition of obligations of international assistance and cooperation in human rights law and the reconceptualization of equality towards redistributive equality in human rights-based development cooperation interventions.

Asian-style export-led growth and the role of law

This paper analyses the growth of Asian economies through its export-led industrialisation policies. Such growth has been uniquely achieved without greater reliance to law, which the neoliberal approach considers integral to development. Among others, this approach relies on private laws for the protection of property and contractual rights for the efficient and smooth functioning of the market where the state has little or no intervention. In this regard, the paper discusses the role of law in development and economic growth. It is submitted that the instrumental use of law and active state intervention in the Asian examples considered in this paper raises significant doubts on the necessity of law for economic growth.

Making the Link between Development’s Regulation through Law and Law’s Promotion through Development

Contemporary debates about the role of law in development often head in two different directions. The first considers questions of ‘law and development’ and asks: how can development assistance help strengthen laws and justice in developing countries? A second, more recent focus involves the ‘laws of development’, and questions how the implementation of development is or should be regulated by law. This paper argues for the need to make a greater link between those lines of debate. A series of real-life scenarios are presented to show how ensuring legal accountability in development—especially for individuals negatively affected by development assistance—depends on well-functioning legal systems in countries receiving assistance. As a result, both donors and recipient countries may have to confront challenges in promoting appropriate legal systems if they are serious about regulating development. Conversely, a failure to understand sufficiently the regulation of development could lead to unrealistic or thin accounts of how to promote laws and legal institutions in developing countries.

Guides and Guardians: Judiciaries in Times of Transition

The decades since the end of the Cold War have seen a remarkable convergence of global thinking about the role of law in development and during post-conflict transition. There now exists a surprising lack of fundamental disagreement on the desirability of the rule of law and the particular set of institutions deemed necessary for its maintenance, not the least of which are independent judiciaries. Indeed, the importance of the rule of law and of effective governance institutions as the preconditions for economic prosperity and political stability have become so universally accepted that at times they are presented as received wisdom no longer needing approbatory argument. The resulting academic discourse conceives of judiciaries primarily as guardians of an existing constitutional order, their task being to define and develop this order and use it to protect individual rights by measuring state action against it. In a transitional process, however, the very creation of a new constitutional order will be necessary, with diverse political actors severely contesting its most elementary parts, and often against a background of exceedingly weak governmental ability.Under these conditions, the judiciary, especially at the highest level, cannot content itself to measure state action against an abstract yardstick. Instead, judiciaries must also assume the role of guides offering direction and reassurance to hostile societal actors about the transition process as such.

Eu Agrarian Policy Legal Framework as a Part of the Eu Development Practice / Právny Rámec Agrárnej Politiky Eú Ako Súčasť Eú Rozvojovej Praxe

Abstract EU agrarian policy is one of the most extensive policies of the EU. The aim of this paper is to analyse the EU agrarian policy legal framework from the point of view of law & development concept. Final remarks are based on an analysis of three topics: (1st) law & development concept, (2nd) agrarian policies and development, and (3rd) EU concept of development. Results show position of the EU agrarian policy legal framework in the EU development practice. The EU agrarian policy legal framework might be labelled as “law in development”. Several instruments have been implemented, but their impact on development is not unequivocal. There is no doubt about role of law in development as well as that the EU agricultural policy is core policy for development of the EU regions. Based on interconnections and justification we can argue that the EU agrarian policy legal framework is a substantial part of internal EU development concept and practice.

Tracking the Law and Development Continuum through Multiple Intersections

AbstractIdeas expressed as law and development theories have sought to connect law and development by creating a framework within which the role of law in development may be better understood and perhaps even packaged as a kit to be recommended to governments as a way of advancing development. Over the years, thoughts on law and development have crystallised around various concepts such as economic growth, the rule of law, the empowerment of the poor and the growth of institutions. One thing that stands out clearly from these debates is that while there may be a measure of consensus around particular theses or propositions, unanimity among all thinkers, scholars and actors is not likely to follow, nor is it necessarily desirable. This paper draws out threads of thought that present various positions as facets of the law and development dynamic and at the same time, progressive points on the multi-dimensional development continuum. The first section on the progression of law and development summarises a number of themes at the forefront of law and development theorisation over the years. Reflections on these developments follow in the second segment, while a third segment describes various contexts for engaging with law and development studies. This segment, which leads into the conclusion, highlights some key dimensions of law and development thought that need to be further explored and given a place in the taxonomy of law and development scholarship.

New trend of comparative law and formation of rule of law on Mongolia

Since the democratic transition of Mongolia in 1992, Constitution guaranteed the human rights and freedom, which are set to be the fundament of Rule of Law. This article examines the importance and role of the comparative law in development of the law science. It also discusses the rule of law as an indicator to evaluate and determine the comparative law development and its recent trend - classification approach, and referred the analysis of the rule of law development and the challenges in Mongolia, developing country. On a basis of three principles of the rule of law as indicators, it strives to determine Mongolian national legal system in terms of classification proposed by Ugo Mattei and concludes the progress and problems. It also suggests further steps to be taken in order to promote the further development of rule of law in Mongolia.

Developmental States and the Legal Order: Towards a New Political Economy of Development and Law

The emergence of has important implications for law. The term developmental was used to describe the role of the state in the development of Latin America and Asia. In both regions states played an active role in stimulating and directing economic growth. These policies fell out of fashion during the hegemony of neo-liberalism and the Washington consensus Today, however, new practices and new theories of development are emerging and some countries are returning to a more active role in promoting both growth and equity. These new states are experimenting with new modes of legal action. This paper looks at recent theoretical work on the political economy of development, showing that these new developments require a rethinking of the role of law in development; outlines some of the new legal and governance processes and practices that are emerging, and discusses what would be needed construct a robust theory of the role of law in a new state.

Cause and consequence in law and development

Patrick McAuslan, Bringing the Law Back In: essays in land, law and development (Aldershot: Ashgate. 2003)The title of the book sums up my overall stance: there is an important role for law in development generally and in land reform in particular and it is, in my view, wholly beneficial that after almost three decades of virtually ignoring the role of law in development … international financial institutions, aid agencies and scholars in the West are beginning to appreciate and reaffirm both its centrality to development in practice and its centrality to understanding the process of development and change in societies in developing countries. (McAuslan 2003: vii)He who is able to translate others' interests into his own language carries the day. (Latour 1983: 144)

International Symposium: "The Role of Law in Development: Past, Present and Future"

International Symposium: "The Role of Law in Development: Past, Present and Future"

Does Law Matter for Economic Development? Evidence From East Asia

Katharina Pistor and Philip A. Wellons, The Role of and Legal Institutions in Asian Economic Development, 1960-1995. New York: Oxford University Press, 1999. Pp. xi + 294 pages. $39.95 cloth. Kanishka jayasuriya, ed., Law, Capitalism, and Power in Asia: The Rule of and Legal Institutions. New York: Routledge, 1999. Pp. xiii + 345 pages. $99.99 cloth; $32.99 paper. Robert S. Brown and Alan Gutterman, Asian Economic and Legal Development. Uncertainty, Risk, and Legal Efficiency. Boston: Kluwer International, 1998. Pp. xv + 477 pages. $148.00 cloth. The relationship between law and economic development has been a central concern of modern social theory, providing a focal point for the analyses of Marx, Durkheim, and Weber. In the 1970s, law and society scholars drew on these traditions to inform international development policy in what was then called the Law and Development Movement. These scholars, who focused primarily on Latin America and who were informed by an activist vision of law as a tool for social change, sought to export U.S. models of law and legal education, suggesting the possibility of a theoretically informed development policy focused on law (Tamanaha 1995). The and Development Movement ultimately fizzled (Gardner 1980; Trubek and Galanter 1974), and with it went the budgets for legal policy reform in developing countries. Donors turned their attention elsewhere. However, new theoretical developments, as well as the lingering importance of the underlying questions, have given momentum to a new wave of law and development activities on a far larger scale than ever before (deLisle 1999). Today, the relationship of law and economic development is again at the very forefront of development policymaking, as government agencies, international organizations, and the non-profit sector advocate the need for strengthening the rule of law in developing countries. Although it is probably a mischaracterization to assert that the new activity is institutionally and intellectually cohesive enough to form a movement, it is clear that legal institutions occupy a central place in development assistance again (deLisle 1999:212-15). The resurgence of law and development corresponds with renewed interest in the rapid postwar growth of economies in East and Southeast Asia. By most accounts, law has not played a major role in Asian economic growth. Scholars have placed more emphasis on particular policies, institutions, and cultural underpinnings rather than on law per se (Upham 1994). For example, in its monumental study, The East Asian Miracle, the World Bank (1993) does not discuss the legal system. Preliminary evidence from Chinese economic reforms indicates that, for the most part, increased reliance on legal ordering has not displaced a system of economic organization based on connections, or guanxi (Lubman 1996; Jones 1994). Having drawn on evidence from Asia, some have claimed that the rule of law is dispensable in the pursuit of economic growth (see Davis 1998:304). There is clearly a tension between the centrality of law in theories of development and existing evidence from Asia. There are at least two possible resolutions of this tension, one empirical and the other theoretical. One possibility is that existing evidence is insufficient and that a more detailed study of Asian legal institutions would elucidate their central importance in Asian growth. The other possibility is that theoretical assumptions of donors and scholars about the universal importance of legal institutions are mistaken and that there is a need to adjust conceptual frameworks accordingly. At the broadest level, then, the questions of whether and how law matters for economic growth in Asia are of great importance for both theory and practice. Three recent studies address these questions in different ways. Together, they expand the empirical base for the study of Asian economic law and suggest new directions for policymakers concerned with the role of law in development. …

Role of Law in Development

Role of Law in Development

The Political Economy of the World Bank’s Legal Framework for Economic Development

Over the last two decades there has been a renewed interest in the role of law in development. The major player in the new law and development movement is the World Bank which provides advice on, and funding for, law reform projects. The Bank’s initial foray into law reform issues was through adjustment programmes intended to push back the state from the economy in developing countries in order to liberate markets. Despite the Bank’s claim that adjustment programmes are technical and apolitical, they have a negative impact on the livelihoods of many social groups in the countries implementing them. In the 1990s the Bank has expanded lending for law reform programmes as part of its good governance agenda. It promotes a procedural and institutional version of the rule of law as the most appropriate framework for development. This version emphasizes formal equality and is appropriate for neo-liberal capitalist development. It is unsuitable for other strategies of development which emphasize equity and fairness. The Bank’s legal framework also emphasizes the importance of legal sector institutional reforms. This is based on new institutional economic explanations of the role of law in influencing individual and social behaviour. The relationship between institutions and human conduct is not direct and is complex. As a result of interactions between formal and informal institutions, the impact of formal reforms is difficult to predict.

Public enterprise in Algeria: Law as a bridge between ideology and reality

AbstractIn 1971, the Algerian government promulgated the Charte de l'Organisation Socialiste des Entreprises. By means of this Charte it ostensibly sought to reform Algerian public enterprise law and to correct increasingly disruptive problems in public enterprise management. It also sought to reduce the widening gap between workers and the technocratic elite managing the state‐controlled economy. The Charte and its subsequent implementing legislation have been criticized as being, at best, ambiguous; at worst, insincere. Moreover, implementation of la gestion socialiste, as the reform came to be known, was uneven and slow.This article discusses Algerian public enterprise law before and after the 1971 reform. It does so within the context of comparing the utility of applying a symbolic rather than an instrumental view of the role of law in development. On the basis of analysis of the Algerian experience, the article suggests that the symbolic view of law allows a much deeper understanding of the role of law in development, primarily because it allows, if not requires, consideration of the influence of economic, political and social factors on the role of law in developing countries.

Capital-Market Development in Israel and Brazil: Two Examples of the Role of Law in Development

Capital-Market Development in Israel and Brazil: Two Examples of the Role of Law in Development