I have previously offered this course only at the graduate level. It should
be within reach of an upper-level undergraduate as well. We will start, and if
the material is too difficult we can make adjustments.
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 the world situation is changing very rapidly, so can
the readings. I also expect to adjust the topics 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 course will be conducted seminar style. Each
student will give presentations on the readings. The presentations should be
professional analyses, in the sense that you should not just repeat what is
there but analyze it as a factual argument and criticize it. The
point of view for criticism should first of all be whether it is (or seems to
be) factually correct, and then whether it is liable to be beneficial.
Why or why not?
Grading will depend on reports in class (30%) and a term
paper. The paper should be at least 20 pages (70%). If so many people
enroll that each person can only do one or two presentations, the grading basis
will switch to 20% for the presentations, 30% for an in-class exam late
in the term, and 50% for the paper. I will not do this without class
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.
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
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.)
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
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. 2012. JSTOR
Rule of Law and Lawyers in Latin America
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 Box.com, are:
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 committee, but the fighting continues. Three
documents in Box.com:
CONSIDERATIONS FOR A CONSTITUTION OF
Al Jazeera article on Libyan
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 Schedule. http://lawmin.nic.in/coi.htm
For a constitution that did not
establish democracy or rule of law, here is the 1939 constitution of the Soviet
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 governmental
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
7. Transitions from
Authoritarian to Pluralist Regimes
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
Wikipedia article on Economic
History of the Russian Federation looks good.
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
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
"Peasant 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
Author(s): David Yetman and Alberto Búrquez. Stable URL:
Mexican Land Reform
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:
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
(Wisconsin Land Tenure Center land
reform in Mexico review: http://www.ies.wisc.edu/ltc/wp21.html
) This is “Peasant Logic, Agrarian 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)
on Human Rights for the Poor: And
Justice for All: Enforcing Human Rights for the World's Poor. Haugen and
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
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. Arundhati Roy is a writer who has exposed the
issues and argued against the dam. She was convicted of contempt of court by
the Supreme Court of India. Here is a link to a you-tube video on her story. The
word “adivasi” means people outside the caste system. Indigenous people who usually
live in remote areas. They are also called “tribals.” https://www.youtube.com/watch?v=qlyZofTmUO4
DAM/AGE: A Film with Arundhati Roy
Here is a video indicated the situation
of those displaced, and supposedly given land by the government: https://www.videovolunteers.org/displaced-tribals-from-sardar-sarovar-dam-get-land/
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
International court of justice
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.
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 .
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 Shaykhun
Reflections on the Sanctions Decade
and Beyond. Margaret Doxey. International Journal. JSTOR
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.
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
Human Rights: Examining Linkages and Suggesting Convergence. Zagel. IDLO paper
Taxation (not covered)
This looks good: http://www.ids.ac.uk/project/international-centre-for-tax-and-development
Also this: http://faculty.law.wayne.edu/tad/index.html
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
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.
Course & Instructor Policies
Since the exams will be take home, I
cannot think of any possible reason to fail to hand them in on time.
There are no “extra credit”
arrangements or make-ups.
No Field Trips
Standard UTD policies are procedures for all classes are on the U T Dallas
website at: http://coursebook.utdallas.edu/syllabus-policies/.
These descriptions and timelines are
subject to change at the discretion of the Professor.