Law and Development Review最新文献

{"title":"Ending 1990s Law and Development Ideas, Paradox of Path Dependence In Economic Planning Institutions Under Covid-19: SA’s Response","authors":"T. K. Pooe","doi":"10.1515/ldr-2024-0007","DOIUrl":"https://doi.org/10.1515/ldr-2024-0007","url":null,"abstract":"This paper argues that the COVID-19 pandemic can and should be understood as a form of creative destruction (Schumpeter’s gale), at a hyper level owing to its biological/medical dimension. Therefore, the critical response to such a hyper force is to rethink how institutions administer Public Policy in South Africa (Path Dependency), most importantly economic development planning institutions and Covid-19 responses, in the form of ‘The Economic Reconstruction and Recovery Plan’. It’s the contention of this paper that the reason why Covid-19 continues to impact the South African government’s economic planning ethos is anchored in its developmental orientation, particularly how constitutional legalism has impaired economic development planning. This could impart be due to the unaddressed influences of the initial waves of Law and Development post-1994. The South African experience with the initial waves of Law and Development were muted owing to the problematic nature of the 1994 transition which sought peace at all costs without necessary addressing substantive economic development reform considerations. Therefore, using the policy experiences of Covid-19 and Lee’s, General Theory of Law and Development, particularly the aspects of Development and State Capacity and Political Will, a revision of the South African Constitution will be called on, principally chapter’s 2 and 6 (Bill of Rights) and (Province).","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140056932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Impact of the Pandemic on Reproductive Autonomy and Gender Equality: Perspectives from the Sustainable Development Agenda","authors":"Carole J. Petersen","doi":"10.1515/ldr-2024-0011","DOIUrl":"https://doi.org/10.1515/ldr-2024-0011","url":null,"abstract":"The COVID-19 pandemic had mixed effects on reproductive autonomy. While some governments excluded reproductive health care from the category of “essential” services that could be provided during shutdown orders, the pandemic also gave researchers an opportunity to study the efficacy and safety of telemedicine abortion and self-managed abortion. Feminist organizations around the world have also organized to provide cross-border services and far more women now know how to obtain abortion medications. This can be empowering, not only during a public emergency but also when legal rights are suddenly taken away. Unfortunately, for those women who require surgical abortion care, overly strict laws can still lead to tragic outcomes. This is why it is important that human rights treaty bodies and courts are gradually recognizing a right to reproductive autonomy under regional and international human rights law. Hopefully, even conservative governments can be persuaded to provide compassionate exceptions in their laws regulating abortion. A more compassionate approach to the subject of abortion would promote both maternal health and gender equality, helping governments to achieve the ambitious targets in the Sustainable Development Goals.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140057643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Intellectual Property and Health Technological Innovations at the time of the Pandemic","authors":"Nadia Naim, Hui Yun Chan","doi":"10.1515/ldr-2024-0009","DOIUrl":"https://doi.org/10.1515/ldr-2024-0009","url":null,"abstract":"Technological innovations at the time of the pandemic and post pandemic is the focus of this paper which examines the relationship between intellectual property (IP), artificial intelligence (AI) and the healthcare sector. Research in this area includes the rapidly growing artificial intelligence industries in the healthcare sector and the impact of intellectual property protection on emerging technologies. Taking an interdisciplinary and diverse perspective, this paper enriches the evolving scope of ethical discourse literature by focusing on intellectual property assets that use AI and regulation that shape the healthcare sector. Considering the gap between law and development theory and practice, this paper bridges academic knowledge in unpacking ethical and governance issues in the intellectual property industry, healthcare law and emerging technologies. Unpacking these issues is important in the law and development context as ethical issues that arise from emerging technologies using AI systems and the responses from policymakers in governing their developments create long-term implications to individuals and populations. Governance responses often vary according to the local contexts, and are dependent on the unique socio-cultural structures, institutional organisations and legal frameworks.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140056567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Government Supervision of Oil Palm Plantations in Indonesia: Legal Issues and Proposed Remedies","authors":"Mohamad Nasir, Laurens Bakker, Toon van Meijl","doi":"10.1515/ldr-2024-0014","DOIUrl":"https://doi.org/10.1515/ldr-2024-0014","url":null,"abstract":"Palm oil is a major Indonesian export product, but governmental supervision of plantation corporationsʼ activities on the ground frequently fails, which leads to environmental damage as well as conflict between companies and communities. By employing a socio-legal approach, this study found that the legal framework of the development of oil palm plantations is imprecise, unclear and incomplete and, as a consequence, causes the governmentʼs weakness in supervising oil palm plantation operations. We discovered three main causes of this incompleteness of law in supervising oil palm plantations: the delay in establishing the implementing regulations, the absence of sanctions in case of non-compliance, and the use of imprecise words, and complex terms and language. In addressing such incompleteness, this study suggests drafting more detailed rules to minimize delegation to lower regulations, using more precise terms and concepts, and considering sanctions for officials who do not carry out their obligations. Furthermore, discretion can be an alternative to overcome the existing legal incompleteness in supervising oil palm plantation operations.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140017418","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The COVID Pandemic and the Regulatory Geography of Rule of Law: Putting ‘Rule of Law’ in Its Place","authors":"Michael W. Dowdle","doi":"10.1515/ldr-2024-0013","DOIUrl":"https://doi.org/10.1515/ldr-2024-0013","url":null,"abstract":"The Law and Development Institute’s 2003 Law and Development Conference on “Law and Development Post the Pandemic” inadvertently exposes the limits of ‘rule of law’ as a conceptual device for linking law and development. As will be explored, the developmental implications of that crisis highlighted geographic aspects of law and development that more conventional foci on economic development obscure. This is because these more conventional foci overlook spatial and geographical aspects of both rule of law and ‘development’ that are much more salient when focusing on the developmental import of the pandemic. This article will explore what those aspects are.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139967755","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Law and Development: A Comparative Law Aspect","authors":"Yong-Shik Lee, Andrew Harding","doi":"10.1515/ldr-2024-0003","DOIUrl":"https://doi.org/10.1515/ldr-2024-0003","url":null,"abstract":"This article discusses the constituent elements of law and development, discusses its history, introduces relevant theories, and explores how law and development approaches may contribute to development efforts throughout the world. In the course of addressing these issues, we emphasize those aspects of the subject that bring into focus the traditional concerns of comparative law. We also introduce a General Theory of Law and Development that seeks to capture the different aspects of a subject that has, in general, lacked theoretical articulation. This Theory attempts to define the conceptual parameters of “law” and “development” and sets forth the mechanisms by which law affects development. We also examine the discipline’s relationship with comparative law and explore the path forward.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139952614","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Regulating Shared Employment in Post-Pandemic China","authors":"Yi Lu","doi":"10.1515/ldr-2024-0012","DOIUrl":"https://doi.org/10.1515/ldr-2024-0012","url":null,"abstract":"\u0000 During the pandemic, shared employment emerged as a market solution to balance the sudden imbalance in labor supply and demand. However, China’s current labor law system lacks clear and strong protection for shared employees, resulting in a mismatch with recent socioeconomic development. This paper highlights a fundamental issue in China’s labor law – the current regulatory system only recognizes the unitary employment relationship. This orientation deprives shared employees of full labor law protection under the protective principle. The paper analyzes two aspects of shared employment in China. First, it examines the evolution of the existing problematic labor law framework and why it fails to match China’s development. Second, this paper proposes basic principles for restructuring China’s labor law system to match its development. The paper concludes with three proposals, including theoretical and political repositioning towards the dual/multiple labor relations path, combining mandatory and autonomous norms to ensure worker protection, and safeguarding compensation for third parties.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140445346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Draft International Covenant on the Right to Development and Its Implications for Cooperation in Global Health Crises","authors":"Sara Katharina Wissmann","doi":"10.1515/ldr-2024-0004","DOIUrl":"https://doi.org/10.1515/ldr-2024-0004","url":null,"abstract":"During the COVID-19 pandemic, global cooperation arrived at an impasse, illustrated by the resistance of industrialized States to allow vaccines-related knowledge transfer to their economically less advantaged partners. One pertinent example is the EU, withholding its waiver of the TRIPS Agreement for vaccines and related medicines and thereby impeding knowledge transfer to States in need – an act that has also been referred to as ‘vaccine apartheid’. In the meantime, a new legal instrument intending to address in broader terms the faltering international cooperation emerged on the horizon: the Draft International Covenant on the Right to Development (DICRTD). Concerning health, the DICRTD’s preamble already recalls Arts. 1 (3), 55, and 56 UN Charter to take joint and separate action in cooperation with the UN to promote solutions of, inter alia, health problems. Reflecting on lessons learned from the COVID-19 pandemic, the preamble also points out health emergencies and health crises as serious obstacles to the realization of the right to development. This contribution seeks to critically assess the potential of the future DICRTD to address global health crises through cooperation. Against this backdrop, it analyses the current legal status of the duty to cooperate, the potential transformative impact of the DICRTD on this legal status, and the effectiveness of the DICRTD’s implementation mechanism.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139772742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Technological Innovations in India’s Legal Sector for Access to Justice During and Post Pandemic","authors":"Priti Saxena","doi":"10.1515/ldr-2024-0010","DOIUrl":"https://doi.org/10.1515/ldr-2024-0010","url":null,"abstract":"The COVID-19 pandemic has had a significant impact on the legal landscape in India, particularly in the context of technological innovations during pandemic. The pandemic has accelerated the adoption of digital technologies in various sectors, including the legal sector. The Indian government and the judiciary have introduced several measures to promote digitalisation and technology, including the introduction of online courts and the development of digital infrastructure for the legal system. The measures to promote the use of digital technologies and improve access to justice were the key developments. The introduction of e-courts and virtual hearings using video conferencing technology in the Supreme Court and several High Courts in India were the landmark steps towards justice delivery system during pandemic. Even subordinate courts have also introduced e-filing in which the litigants were required to file their documents electronically, and the court clerk reviews the documents and verifies them. Once the documents were verified, they were uploaded to the court’s electronic case management system. With the use of technology, the virtual hearing conducted using video conferencing and the litigants participated from their homes or offices. During the hearing, the judge, lawyers and litigants saw and heard each other through their respective screens. After the hearing for record-keeping, the courts prepare a transcript of the proceedings and save it in the electronic case management system. The litigants could access the transcript and other documents related to the case through the online portal. Further, the government has introduced several measures to improve the digital infrastructure and platforms for the legal sector. National Judicial Data Grid, a database of orders, judgements and case details of 18,735 District & Subordinate Courts and High Courts created as an online platform under the e-Courts Project. The government has also launched several legal information portals that provide access to legal resources and information, such as case law, legal databases and law journals. The adoption of digital technologies is likely to continue to play an important role in improving access to justice in India in the post-pandemic era that has several advantages in saving time and costs associated with physical travel to the court. It also reduces the backlog of cases and improves access to justice for litigants who live in remote areas. Additionally, virtual hearings provide greater flexibility to litigants and lawyers, who can participate in court proceedings from anywhere in the world. The pandemic has highlighted the potential of online dispute resolution (ODR) to provide an efficient and cost-effective alternative to traditional dispute resolution mechanisms. The Indian government has introduced a draft policy on ODR to promote the use of technology in dispute resolution. So in this background, how these courts worked during pandemic tim","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139758761","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Changes in South-American Fiscal Rules in a Post-Pandemic Scenario: A Case-By-Case Analysis","authors":"Gabriel Loretto Lochagin","doi":"10.1515/ldr-2024-0005","DOIUrl":"https://doi.org/10.1515/ldr-2024-0005","url":null,"abstract":"Public finances have been extensively affected by the effects of the COVID-19 pandemic and the measures enacted to mitigate them. In South America, have these effects been permanent, or were fiscal rules solid enough to allow for flexibility and a later return to normality? The hypothesis in this paper is that Covid had a significant impact on the fiscal institutions of countries with previous difficulties in using norms as stabilization tools for public finance, but had only temporary effects for countries with a stronger tradition of implementing fiscal rules more effectively. The text is structured as follows: in the first part, a general panorama of the creation of fiscal rules in South America is presented to offer comparison patterns with their post-pandemic evolution. Secondly, a description of the possible structures of fiscal rules is analyzed, and these categories will be applied to the South American case. In the third and last part, the types of fiscal rules are classified according to each country, as well as the transformations observed after the COVID-19 pandemic. As a result, the paper will offer a consolidated approach to changes in fiscal rules in the region.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139758999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}