Law and DevelopmentSymposium

Between (Re-)Empowerment and (Hyper-) Conditionality

The Rise of Accountability-Driven Governance in Development Cooperation

Ever since David Trubek and Mark Galanter’s seminal ‘Scholars in Self-Estrangement’, which Philip Dann, during the seminar that gave rise to this post, aptly termed the ‘law and development movement’s defining moment’, there has been intense self-reflection by scholars on the role of law in and for ‘development’ and about the analytical and normative currency of this approach. And in line with the broader ‘turn to history’ in law, this …

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Law and DevelopmentSymposium

Beyond the ‘Moments’ of Law and Development

Law and Development Scholarship in a Globalized Economy

An integral aspect of law and development (L&D) studies have been its intimate relationship with the global economy and the regulatory framework which governs it. A rapidly emerging arena of scholarship on law and development in recent years has been on the intersections between international economic law (IEL) and development. The emergence of this body of scholarship under the broad umbrella of L&D studies has important consequences for law and …

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Law and DevelopmentSymposium

Agenda 2030 -Time to Revisit Rule of Law programming

As the development community re-focuses on how the rule of law agenda enables sustainable development as expected in fulfilment of Agenda 2030, questions will continue to arise concerning the mixed results of rule of law assistance projects. D. Marshall in his treatise “The International Rule of Law Movement: A Crisis of Legitimacy and the Way Forward,” emphasizes that there is a profound knowledge deficit regarding the justice system, its actors, …

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Law and DevelopmentSymposium

Beyond a fourth moment in law and development

A plea for heterodoxy

In the wake of the decolonization wave after World War II, a law and development (L&D) practice and academic strand emerged. So far, scholarship on law and development that self-identifies as L&D has been predominantly economic in orientation. It has never moved beyond a market-friendly or market-centered approach. This tradition has also adopted a fairly naïve instrumentalist approach to law. I submit that scholars who are more concerned with the …

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Law and DevelopmentSymposium

Law and Development: Theory and Practice

The field of Law and Development studies positions itself at a highly interesting, yet academically challenging juncture: What is the relationship between law and social and economic development? For most scholars of Law and Development, this question itself tends to raise more questions than answers: What conceptions of law are we actually talking about? And should the notion of ‘development’ be critically re-appropriated beyond modernized ideals of economic growth? Or …

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