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Institutional bypass is a reform strategy that creates alternative institutional regimes to give citizens a choice of service provider and create a form of competition between the dominant institution and the institutional bypass. While novel in the academic literature, the concept captures practices already being used in developing countries. In this illuminating book, Mariana Mota Prado and Michael J. Trebilcock explore the strengths and limits of this strategy with detailed case studies, showing how citizen preferences provide a benchmark against which future reform initiatives can be evaluated, and in this way change the dynamics of the reform process. While not a 'silver bullet' to the challenge of institutional reform, institutional bypasses add to the portfolio of strategies to promote development. This work should be read by development researchers, scholars, policymakers, and anyone else seeking options on how to promote change and implement reforms in developing countries around the world.
Analyzes institutional bypasses, a strategy to promote change and implement reforms in developing countries.
This book offers a comprehensive introduction to law and policy responses to contemporary problems in Latin America, such as human rights violations, regulatory dilemmas, economic inequality, and access to knowledge and medicine. It includes 19 chapters written by sociologists, lawyers, and political scientists on the transformations of courts, institutions and rights protection in Latin America, all of which stem from presentations at conferences in Oxford and UCL organised by the editors. The contributors present original analyses based on rigorous research, innovative case-studies, and interdisciplinary perspectives, all written in an accessible style. Topics include the Inter-American Court of Human Rights, institutional design, financial regulation, competition, discrimination, gender quotas, police violence, orphan works, healthcare, and environmental protection, among others. The book will be of interest to students and scholars interested in policymaking, public law, and development.
The book examines the theory and practice of law and development. It reviews the evolution of law and development studies and presents a general theory of law and development. The general theory sets the conceptual parameters of "law" and "development" and explains the mechanisms by which law impacts development. In the second part, the book applies the general theory to analyze the development cases of South Korea and South Africa from legal and institutional perspectives. The book also adopts, for the first time, the law and development approaches to analyze the economic issues of the United States. It discusses why it is critical to develop the Analytical Law and Development Model or "ADM."
'Law and development is a difficult field. It is at once multi-disciplinary and comparative; historical and policy driven; theoretical and empirical; positive and normative. Here at long last is a book that provides a masterful overview and critical analysis that will make this field accessible to students and teachers alike.' Katharina Pistor, Columbia Law School, US This important book focuses on the idea that institutions matter for development, asking what lessons we have learned from past reform efforts, and what role lawyers can play in this field. What Makes Poor Countries Poor? provides a critical overview of different conceptions and theories of development, situating institutional theories within the larger academic debate on development. The book also discusses why, whether, and how institutions matter in different fields of development. In the domestic sphere, the authors answer these questions by analyzing institutional reforms in the public (rule of law, political regimes and bureaucracy) and the private sectors (contracts, property rights, and privatization). In the international sphere, they discuss the importance of institutions for trade, foreign direct investment, and foreign aid. This book will be essential reading for those interested in a concise introduction to the academic debates in this field, as well as for students, practitioners, and policymakers in law and development.
Textbook on law and jurisprudence in Latin America, including an interdisciplinary research analysis of the legal aspects of economic development - covers land reform, commercial law responses to inflation, the role of the courts, etc., includes a case study of legal institutional frameworks in the caracas urban area slums in Venezuela, and provides historical background. References.
This book is driven by a quest to re-regulate work to reduce informality and inequality, and promote a living wage for more people across the world. It presents the findings of a multidisciplinary study in four countries of varying wealth and development, exploring why people become trapped in precarious work. The accounts describe the impact of supply chain governance, trade agreements, internal and between-country migration, legal factors, as well as the socio-economic characteristics and outlooks of the workers. In a unique approach, the chapters describe existing labour regulation measures that have succeeded, but which have to date attracted little scholarly attention. Building on these existing innovations, the book proposes a new international labour law which would incrementally increase the wages of the poor and regulate precarious work in global supply chains.
In this thoroughly revised and updated second edition, Mariana Mota Prado and Michael J. Trebilcock offer a succinct and readable introduction to the main concepts and debates in the field of law and development. They examine the role of legal systems and institutions, investigate perceptions around what laws and legal arrangements encourage and facilitate development, and probe the issues arising in both private law and public law as well as in international economic relations. Written with the insight of two top experts in the field, this Advanced Introduction covers the most recent trends in law and development research and highlights areas that remain underexplored.
Approaches contemporary Hindutva as an example of a democratic authoritarianism or an authoritarian populism.
This book unravels the centrality of contestation over international institutions under the shadow of crisis. Andrew Cooper makes a compelling case that concertation represents a fundamental institution as a peer competitor to multilateralism.