Law and Development-- POEC 6379
Class # 1265
Murray J Leaf
UTDallas, Spring 2010
Syllabus last updated 12 Apr 2010
Office: GR 3.128 Office Tel: 2732 Hm: 972 964-0094
Classroom: CBW 1.101
Time: Th 7-9:45
Office Hours: by appointment.
Scholars, politicians, administrators, and the educated public in general increasingly recognize that long-term societal development must come from within a country or region. It must be "organic." Organic growth, in turn, depends on establishing an effective, responsible, government, rule of law, and effective economic regulation. Moreover, this legal regime cannot be merely national; it must be international. This course reviews the experiences that lie behind this realization, the issues and organizations it involves, and the steps being taken to implement it at international and national levels.
Since this is only the second time I have offered this course, it is still under development. I expect to adjust it to reflect the interests and backgrounds of those who register.
It is now widely recognized in professional development circles that development is not primarily an economic matter, and cannot be brought about simply by economic policies and actions. It is primarily a matter of institution building, and institution building both involves law and requires law. But law is a large and complex subject, so we have to ask what law, in what order, and by what means? These questions are the concern of this course. The recordings are from the last time the course was offered. I will leave them up for reference until we come to that topic, then replace them. Grading will depend on reports in class (30%) and a substantial paper, at least 20 pages (70%). Since a main purpose of the course is to let students explore whether they want to pursue research in this area, the most likely format for the paper is as a research proposal.
The listing below is not week by week but topic by topic; we will move at whatever pace we can without getting swamped by the material. We may not cover all the topics; and we might add topics in place of those listed. I will update the syllabus to reflect changes we agree on as we proceed.
Recordings are .mp3 files. To download them, right click. You should then see an option to "download linked file". Click on it. When the file is downloaded, add the .mp3 (dot m p 3) to the end of the name. It should then play automatically with a media player like Windows Media Player if you click to open it.
1. International Development Law Organization (IDLO)
Look over IDLO website, and readings from IDLO to see what is of interest to you. We will discuss your interests in class. The following papers are from the IDLO website. They may not be accessible on the website because it is being somewhat remodeled. Browse them and we will talk about them.
International Development Law Organizations; WTO and Human Rights, Development Jurists; Soutwick, Srebrenica as Genocide; McInerny, Emerging Regulatory Framework for Human Rights; McKinernyUSBriberyLaw; AntiCorruptionManagementSystem.
2. Legal Philosophy
This unit is fundamental legal theory--the most important views of what law is and what law does. The readings are in C. Morris. The Great Legal Philosophers. We will probably read the selections from Grotius, Montesquieu, Savigny, Ihering; Austin, Ehrlich, Cardozo, and Pound
Recording of Cardozo, Pound, and First of IDLO from Spr 2006.
Links to presentations for 19 Feb:
3. Corporations and Law of Corporations in Development
We are adding a unit on corporations and relevant law for Thursday March 4. I have forgotten who is doing what. Please email me.
Laski article in JSTOR http://www.jstor.org.libproxy.utdallas.edu/stable/pdfplus/1326990.pdf Steve
Shmitthof article: The Origin of the Joint-Stock Company Author(s): M. Schmitthoff Source: The University of Toronto Law Journal, Vol. 3, No. 1 (1939), pp. 74-96 Published by: University of Toronto Press Stable URL: http://www.jstor.org/stable/824598 Adrianna
The link to the McInerny article suggested by Jawad should be on the IDLO website: http://www.idlo.org/Publications/26.pdf Jawad.
4. International Law Organizations--we will skip this unit and go to the next for 9 March. But look at these and see if you want to come back to them.
IDLO (self-description and look at its training programs; http://www.idlo.org/
Center for International Sustainable Development Law http://www.cisdl.org/language.html
International Law Institute. http://www.ili.org/
The United Nations and the development of international law (this site focuses on international civil and criminal law, but it has a pull down menu for other UN law websites). http://www.un.org/law/1990-1999/
International law links page at the University of Kent. Excellent resouces. http://library.kent.ac.uk/library/lawlinks/international.htm
SOSIG international law links and guide page. http://www.sosig.ac.uk/roads/subject-listing/World-cat/intlaw.html
U of Cal Berkeley Law School international law page. http://www.law.berkeley.edu/admissions/courses/international.html
International Institute of Humanitarian Law.
4. Constitutional Law/ Rule of Law. This meeting will be in my office, GR 3.128. March 12.
I assume you have read the US constitution, but in case not here is a good online text in a site with lots of background information: http://www.usconstitution.net/const.html#Preamble
By Contrast, here is the 1939 constitution of the Soviet Union: http://www.departments.bucknell.edu/russian/const/1936toc.html
And for another contrast look at the Constitution of India. You wont be able to read the whole thing or understand it, but get a sense of why. Look especially at the treatment of the powers of the President to invoke President’s Rule, Fundamental Rights in Part III, paying special attention to Article 31, the powers of the Parliament to amend the constitution, and the Ninth Schedule. http://lawmin.nic.in/coi.htm
The Japanese Parliament’s account of the development of the present constitution of Japan: http://www.ndl.go.jp/constitution/e/
The Helsinki Accords:
The Helsinki Final Act.
Also, Steve wants to add the paper from Hyack: http://www.jstor.org/stable/1809376
The title is The Use of Knowledge in Society. AER. 1947.
Amsden, Alice; Kochanowicz, Lance Taylor: The Market Meets it s Match: Restructuring of the Economies of Eastern Europe. Harvard University Press.
Murrell, Peter. Assessing the Value of Law in Transition Economies. Ann Arbor: University of Michigan Press, 2001.
Wikipedia article on
post-soviet transition looks good: http://www.answers.com/main/ntquery;jsessionid=3qinqqhn3bg0h?dsid=2222&dekey=Economy+of+Russia&sbid=lc07a&linktext=Economy%20of%20post-Soviet%20Russia
6. Legislative Drafting--since we have spent more time on legal theory, we will probably skip this
US legislative drafting office for House of Reps with links to states:
Texas Manual: http://www.tlc.state.tx.us/legal/dm/contents.htm
Also for Texas: http://www.capitol.state.tx.us/capitol/legproc/summary.htm
Indian Bureau of Parliamentary Studies and Training (for comparison):
Project Dial (Development of the Internet for Asian Law)
International Law Institute list of online legislative drafting materials:
7. Land Reform/Development assistance/Water
Radical views: http://www.progress.org/land/
Short ODI paper on land reform: http://www.odi.org.uk/NRP/nrp6.html
Council on Foreign Relations website on land reform:
I have a review of land reform in the different Indian states in Pragmatism and Development.
Manchester University Peasant transformation site (with a lot of information on Mexico):
American website (Arizona law firm) on Mexican land law (looks good):
FAO review of contemporary land reform measures.
Wisconsin Land Tenure Center land reform in Mexico review: http://www.ies.wisc.edu/ltc/wp21.html
Good looking paper on land titling for ejidos:
International Water Law Project
One possible film on the Narbada project is Dam/Age. Aradhana Set. Icarus films.
Article in The Hindu on the dam. This is a major paper.
Two possible films are Drowned Out (Spanner Films, 75 minutes) and Narmada a Valley Rises about a protest march against the dam.
8. Enforcement in the international context--for the week of April 16.
The Charter of the UN. Chapter III defines the Organs, which include the Security Council. Chapter V describes the Security Council. Chapters VI and VII, dealing with disputes and breaches of peace, describe its powers.
http://www.un.org/aboutun/charter/ Jesse. Focus on why the security council?
This appears to be a report of the Carnegie Commission on Preventing Deadly Conflict, reviewing the sanctioning powers of the UN and especially the SC: http://wwics.si.edu/subsites/ccpdc/pubs/sum/ex.htm Jonathan
International court of justice http://www.icj-cij.org/ Adrianna
UN Security Council Resolutions on Iraq (archive of anti-sanctions group). http://www.casi.org.uk/info/scriraq.html
Chronology of sanctions on Libya:
http://www.iie.com/research/topics/sanctions/libya.cfm In class we assigned this to Steve, but he is overloaded and wants to do what he had been unable to present last week. Here is a link to his paper. Read it in advance so we can discuss it. Here is a link to the book at Amazon: http://tinyurl.com/y42fn9p
The Adverse Consequences of Economic Sanctions on the Enjoyment of Human Rights. This is a review of sanctions with three case studies by the Global Policy Forum.
It is probably too much for us to read, but looks good. GPF is an NGO recognized by the UN, both watchdog and supporter.
Rubia is going to describe Interpol. This is the offiical website. The Wikipedia article on interpol looks good.
BONUS This is the link to the speech on economic rights that Jawad was asking about. It says quite a lot about the mutual relation between democracy and prosperity.
WTO website: http://www.wto.org/
Public Citizen.org. Opposition to WTO (one of many)
US Government site on WTO
U of ChicagoLibrary site on WTO
No recording from 8 April 2010
I am not finding what I thought I remembered as a taxation institute at Syracuse. I’ll look some more, but meanwhile the above is enough.
Morris, Clarence. The Great Legal Philosophers. Pittsburg: U of Pittsburg Press.
Lauren, Paul Gordon. 2003. The Evolution of International Human Rights. Philadelphia: U. of Pennsylvania Press. (This is a truly excellent treatment of the topic.)
Vago, Steve. 2006. Law and Society. Eighth edition. Upper Saddle River, NJ: Pearson Prentice Hall.
Other sources on the web:
Yale Human Rights and Development Law Journal.
American Society of International law, including online resource guide.
International Water Law Project
World Bank Law Resource Center
Land related publications of WB at Law Resource Center:
You should be able to play the class recordings back with the Windows Media Player. If you cannot, this is a site that lets you download the Sony plugin for it: http://www.sony.jp/products/overseas/contents/support/download/dl-ic128-01.html
The following material is added in response to SACS accreditation requirements. While slightly inappropriate in an advanced course of this type, it does no harm.
The weighting of the assignments in the final grade is 30% for the class discussion assignments (you will do analytic reports and lead the discussion) and 70% for the paper.
Course & Instructor Policies
Since the exams will be takehome, I cannot think of any possible reason to fail to hand it in on time. There are no “extra credit” or make-ups.
No Field Trips
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