and Development-- POEC 6366
Dallas, Spring 2017
last updated 24 Apr 2017
Office Tel: 2732
Classroom: CB 1.219
Skype name: murray2508
Time: T 7-9:45
Office Hours: by
appointment. I can also stay after class.
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 sixth time
I have offered this course and the world situation is changing very rapidly, it
is still under development. I also 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 cannot be created simply by the transfer of funds (no one but
economists ever believed this anyway.) It cannot be created simply by
introducing new technologies. 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.
I will try to remember to record
our meetings. Recordings are .mp3 files. To download them, right click here. 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.
Books to Buy
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.)
For Unit 7:
Murrell, Peter B. 2000. Assessing the Value of Law in Transition Economies.
Ann Arbor: The U of Michigan Press. This
appears to be available from Barnes and Noble used for $31.88 and for others
for as little as $1.98. It is an excellent set of studies, although of course
events have moved on. We will select chapters in class.
Dates are not included because the time for the
section is uncertain.
To prepare for our
first meeting, look over the websites in unit 5 below, and also the selections
in Morris, The Great Legal Philosophers. We will discuss them and see if
we can agree on a set of priorities for the semester, based on what you
already know and what seems most interesting to the group.
Thomas. 1998. “The
Rule of Law Revival.” JSTOR (13 p.)
2. Legal Philosophy
This unit will take three or four
weeks, depending in part on class interest and understanding. It 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. But look at
everything. If something else strikes you, we can add it.
Morris compresses the writing by
cutting out what seems to be purely legal digressions, or unnecessary
reflections. He does an excellent job of cutting to the main points.
Sometimes, however, this makes the argument a bit too condensed for readers who
don't know the historical or philosophical background. Dip into a
few. If we need to use them, in many cases the original texts are now
also available on the web.
3. General Idea of Rule of Law
Good overview of what “rule of
law’ involves: The Rule of Law Revival. Corruthers. JSTOR
REPORT OF COMMITTEE ON INTERNATIONAL
UNIFICATION OF PRIVATE LAW. ABA. 1963. JSTOR
Corruption and Development: A Review of Issues Author(s): Pranab Bardhan.
The Long War against Corruption
Author(s): Heineman and Heimann. 2006 JSTOR
B. Black and A
Tarassova. 2003. Institutional Reform in Transition: A Case Study of
Russia. Supreme Court Economic Review. JSTOR.
Creating a Legal Framework for Economic Development.
R. Posner 1998. JSTOR
Rule of Law and Lawyers in Latin
Struggling for the Rule of Law:
The Pakistani Lawyers' Movement
4. Establishing Sustainable
The US readings for this topic
were Cardozo, Dewey, and Pound, in the previous section. Other relevant
readings are Montesquieu and Ehrlich
The constitution establishes the
general system of government. Implicitly or explicitly, it also
establishes the relationship between the government in a strict sense and the
courts, and the government's role in law making and law-finding. This is
I assume you have read the US
constitution, but in case you have not here is a good online text in a site
with lots of background information: http://www.usconstitution.net/const.html#Preamble
Japan after WWII:
The Japanese Parliament’s account
of the development of the present constitution of Japan: http://www.ndl.go.jp/constitution/e/
According to Justice Ginsberg and
others, one of the best constitutions available to today is that of South
Africa. Two relevant documents, in
SA Freedom Charter.docx
The Constitution of South Africa
A good example of a country
struggling to end civil war and find constitution for the future is Libya. They
have established a constitutional commmittee, but the fighting continues. Three
documents in Box.com:
CONSIDERATIONS FOR A CONSTITUTION
OF LIBYA MJL.docx
Jazeera article on Libyan constitutional committee.
UN article on creating democratic
constitutions, in Box.com: UNArticleoonConstitutions.pdf
Also a template: TheConstitutionTemplate
- nationsof1 - Template for The Constitution of a Nation of 1. The
For another contrast look at the
Constitution of India. You won’t be able to read the whole thing or understand
it. Nobody can. 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
For a consitution that did not establish
democracy or rule of law, here is the 1939 constitution of the Soviet Union: http://www.departments.bucknell.edu/russian/const/1936toc.html
USAID STRATEGY on Democracy and
Human Rights. This is the USAID
view; it is very different from the WB: USAID DRG_ final final 6-24 3 (1).pdf. Box.com; should also be googleable.
5. Law and economic systems
Schmitthoff 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
Laski article in JSTOR http://www.jstor.org.libproxy.utdallas.edu/stable/pdfplus/1326990.pdf
link to the McInerny article on the IDLO website: http://www.idlo.org/Publications/26.pdf
Letter from J. M. Keynes to
Franklin Delano Roosevelt on economic policies of the New Deal, in Box.com.
This is not really about constitutions but about economic regulation in a
pluralistic democracy, which has had many important implications for
6. Critiques of WB,
World Bank, Governance Reforms and
Democracy in Argentina. Tuozzo. 2004. JSTOR
Neoliberal Law: Unintended Consequences
of Market-Friendly Law Reforms. Glinavos
World Bank on Governance: A Critique.
Democratizing the World Bank
Author(s): Joseph E. Stiglitz and Kenta Tsuda
7. Transitions from Authoritarian to
Joireman, Sandra. Inherited
Legal Systems and Effective Rule of Law: Africa and the Colonial Legacy. In
Bohannan, Laura. 1952. A
Genealogical Charter. Africa. JSTOR.
After the Big Bang? Obstacles to the Emergence
of the Rule of Law in Post-Communist Societies. Hoff and Steiglitz JSTOR
Wikipedia article on Economic
History of the Russian Federation looks good.
We will (you will) select chapters
from: Assessing the Value of Law in
1 (Wuang), 5 (Vepa), 8 (Aaron)
Can Indigenous Justice Survive? : Legal Pluralism
and the Rule of Law. DAVID PIMENTEL
Grant, E. 2006. Human Rights, Cultural Diversity, and
Customary Law in South Africa . JSTOR.
8. Land Reform
Swinnen, J and Scott Rozelle. 2004. Success
and Failure of Reform: Insights from the transition of Agriculture. Journal of
Economic Literature. JSTOR.
Ruben, R. and Z
Lerhman. 2005. Why Nicaraguan Peasants Stay in Agricultural Production
Cooperatives. Revista Europea.... JSTOR.
Leaf, M. 1983 “The
Green Revolution and Cultural Change in a Panjab Village, 1965 ‑ 1978.” Economic Development and Cultural Change.
31:2:227‑270. (This includes a discussion of the relation between land reform
and technological change.) JSTOR
Logic, Agrarian Policy, Land Mobility, and Land Markets in Mexico,"
by Roberto Diego Quintana, Luciano Concheiro Bórquez, and Ricardo Pérez
Aviles. PDF but it cannot be copied or
saved without a password. Recommended
but not assigned.
This is a related but more recent article in JSTOR: Twenty-Seven: A Case Study in Ejido
Privatization in Mexico
Author(s): David Yetman and Alberto Búrquez. Stable
URL: http://www.jstor.org/stable/3631677 .
Evaluating Mexican Land
Author(s): R. S. Weckstein.1970. JSTOR.
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:
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
(Wisconsin Land Tenure Center land
reform in Mexico review: http://www.ies.wisc.edu/ltc/wp21.html ) This is “Peasant Logic, Agarian Policy etc. listed
above. It no longer can be found at this
link, but you can get it by googling the entire entry. Unfortunately, however,
I cannot find a way to save or copy it.
9. Human Rights and Access to
Law for the Poor (and others)
Article on Human Rights for the
Poor: And Justice
for All: Enforcing Human Rights for the World's Poor. Haugen and Boutros. JSTOR
A major World Bank scandal
revolves around the Narmada project, in northern India. This cost-benefit ratio
was 1 to 1, and it displaced thousands of people. There are
several good videos on YouTube.
Here is an Article on making one
of the documentaries on it: Dam/Age. Aradhana Set. Icarus films. There is also
a YouTube video of the same title..
Article in The Hindu on the
dam. This is a major Indian paper.
Another case study: Chentikheda,
Madhya Pradesh, India
YouTube documentary on
displacement of villages for building a dam in in Sherpur Dist, Madhya Pradesh,
on the Kwari River. Kwari flows into the
Chambal which flows into the Jamuna: https://www.youtube.com/watch?v=lYY8VROan-w&feature=youtu.be
This is a summary of the project
plan for the project the video is talking about, in Box.com: ChentiKhedaDamMP.pdf
Google Earth Coordinates for the
project site: 25o 58' 3.5" N and 77o 17' 2.15"
E At this point, there is a slight
narrowing of the valley. The dam sounds like it will cross from hills to hills,
so everyone in the valley will be displaced.
Website for International Network
on Displacement and Resettlement that is concerned with this kind of problem: http://www.forcedmigration.org/organisations/international-network-on-displacement-and
And this is a report from a volunteer
group concerned with the plight of people like the adivasis of the the
Chentikheda region in general, also in Box.com and on the web: ChentiKedaetcReport.pdf
10. Enforcement in the
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.
on why the Security Council is constructed as it is and has the powers it does.
International court of
Preparation: Milosovic in the
Hague. Foreign Affairs.
Gary Bass JSTOR
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.
GPF is an NGO recognized by the
UN, both watchdog and supporter. Wuang?
Kosovo: Reading provided by Erbil.
Example 1 South Africa: 1)
Nelson Mandela International Day, July 18 For freedom, justice and democracy
2) US Dept. of State The end of
Apartheid. 3) Cole and McMorran South Africa: United States Economic Sanctions
and the Impact on Apartheid . (Dennis)
Example 2 Syria: 1) UN NEWS CENTRE:
As US responds militarily to chemical attack, UN urges restraint to
avoid escalation. 2) Russia blocks
Security Council action on reported use of chemical weapons in Syriaís Khan
Reflections on the Sanctions
Decade and Beyond. Margaret Doxey. International
The Relative Universility of Human
Rights. Jack Donnelly. Human Rights Quarterly. JSTOR
Other information of interest:
UN Security Council Resolutions on
Iraq (archive of anti-sanctions group). http://www.casi.org.uk/info/scriraq.html
Chronology of sanctions on Libya:
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
Interpol. This is the
offical website. The Wikipedia article
on interpol is good.
11. WTO (not covered)
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
WTO & Human Rights: Examining
Linkages and Suggesting Convergence. Zagel. IDLO paper in Box.com
12. Taxation (not covered)
looks good: http://www.ids.ac.uk/project/international-centre-for-tax-and-development
Also this: http://faculty.law.wayne.edu/tad/index.html
13. Assistance to develop rule of law and human rights: (not covered)
USAID’s Democracy, Human Rights
and Good Governance (DRG) strategy: http://www.usaid.gov/what-we-do/democracy-human-rights-and-governance
—assess the program from the
point of view of what we have considered in the course.
World Justice Project interactive page with results of their survey of
rule of law by country: http://data.worldjusticeproject.org
Yale Human Rights and Development
Other sources on the web:
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:
Google the International
Development Law Association. Look at the self-description and look at its
training programs. The url is: http://www.idlo.int/ENGLISH/WHOWEARE/Pages/Home.aspx
Center for International
Sustainable Development http://www.cisdl.org
Look at the research topics.
International Law Institute. http://www.ili.org/ Look at logo and the centers of expertise.
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/
In our library website, look at
Westlaw. Use the search facility, and look for topics in international law and
development law, such as human rights or war crimes. Note that it includes European law reviews.
U of Cal Berkely Law School
international law page. http://www.law.berkeley.edu/admissions/courses/international.html
Note the topics.
Google: International Institute of
Humanitarian Law. Click on Protection of Human Beings…Read the Welcome Message.
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