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Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.
This book draws on the analytical framework of New Institutional Economics (NIE) to critically examine the role which law and the legal system play in economic development. Analytical concepts from NIE are used to assess policies which have been supported by multilateral development organisations including securing private property rights, reform of the legal system and financial development. The importance of culture in shaping the legal environment, which in turn influences financial sector development, is also assessed using Oliver Williamson’s ‘levels of social analysis’ framework.
This book is a collection of essays that identify and analyze a new phase in thinking about the role of law in economic development and in the practices of development agencies that support law reform. The authors trace the history of theory and doctrine in this field, relating it to changing ideas about development and its institutional practices. The essays describe a new phase in thinking about the relation between law and economic development and analyze how this rising consensus differs from previous efforts to use law as an instrument to achieve social and economic progress. In analyzing the current phase, these essays also identify tensions and contradictions in current practice. This work is a comprehensive treatment of this emerging paradigm, situating it within the intellectual and historical framework of the most influential development models since World War II.
Law, Culture, and Economic Development brings together some of the leading legal scholars, policymakers, and practitioners in the international economic development area - with the emphasis on Latin America - to address key issues of legal reform facing developing countries in their effort to achieve accessible, equitable, and sustainable economic development. Issues of cultural impediments are stressed. This collection includes contributions from many experts in the field, including current and former officials from the World Bank. Topics considered from a developmental perspective include human rights, legal institutions, judicial reform, investment treaties, investment disputes, corruption, financial sector reform, accounting systems, linkage to the WTO, administrative legality, intellectual property, corruption, taxation, and legal education reform. The chapters in this festschrift are derived from presentations made at the 2006 Paul Carrington Memorial Lecture at Southern Methodist University Dedman School of Law in Dallas, Texas, honoring the distinguished career and 75th birthday of the Hon. Roberto MacLean - a law dean, judge, central banker, ambassador, legal scholar, and judicial reform expert.
The book examines the correlation between Intellectual Property Law – notably copyright – on the one hand and social and economic development on the other. The main focus of the initial overview is on historical, legal, economic and cultural aspects. Building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the Word Intellectual Property Organization (WIPO).
Grounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences between the common and civil law concepts of the rule of law, and details how they developed out of two different cultural views of the relationships between law, individuals, and government. The author shows how those differences lead to differences in economic development, entrepreneurship, and corporate governance.
A comparative study of economic development policy, and its relationship with local power structures and cultural and social relations, in two Maryland towns that have rejected development.
Community economic development is conventionally explained using one of two models: a market model that assumes individuals always attempt to maximize their wealth, or a growth model that assumes land use is controlled by real estate developers who invariably pursue outside investment as a way of increasing land values and creating jobs and opportunities. In the first edition of Community, Culture, and Economic Development, Meredith Ramsay's close study of two small towns on Maryland's Lower Shore demonstrated that neither model can explain why these communities, alike in so many ways, responded so differently to economic decline or why archaic hierarchies of race, class, and gender remain deeply embedded and poverty seems nearly intractable. Ramsay showed how the lack of economic progress in Somerset, Maryland's poorest county, can best be explained by factoring history, culture, and social relations into the investigator's research. In this second edition she discusses changes that have taken place in the county since the early 1990s, including the dramatic legal victory of the "Somerset Six" and the Maryland ACLU, which ultimately paved the way for the election of an African American to a top county position for the first time in history.
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