IDEAS home Printed from https://ideas.repec.org/a/bpj/lawdev/v12y2019i2p285-321n4.html
   My bibliography  Save this article

Beyond the ‘Moments’ of Law and Development: Critical Reflections on Law and Development Scholarship in a Globalized Economy

Author

Listed:
  • Tan Celine

    (Department of Law, Warwick University, Coventry, UK)

Abstract

This paper aims to review and assess the contributions and limitations of law and development (L&D) as a field of legal scholarship in relation to the constitution of the international economy and global economic governance. It seeks to reflect on the theoretical and methodological contributions of L&D theory and practice on the development of international legal scholarship, particularly in the rapidly evolving field of international economic law. The intersections of economic theory, jurisprudence and legal theory and the institutional practice of development agencies and international economic organizations which are the focus of L&D scholarship provide a useful interdisciplinary prism through which developments in the regulatory framework of the global economy can be studied. Mapping the ways in which what Trubek and Santos call the three overlapping spheres of L&D – economic theory, legal theory and institutional practices – enables us to chart, understand and, where necessary, contest, the shifts in development theory and policy and institutional practice that influence and shape legal reform and scholarship.

Suggested Citation

  • Tan Celine, 2019. "Beyond the ‘Moments’ of Law and Development: Critical Reflections on Law and Development Scholarship in a Globalized Economy," The Law and Development Review, De Gruyter, vol. 12(2), pages 285-321, June.
    • Handle: RePEc:bpj:lawdev:v:12:y:2019:i:2:p:285-321:n:4
    DOI: 10.1515/ldr-2019-0014
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/ldr-2019-0014
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.
    File URL: https://libkey.io/10.1515/ldr-2019-0014?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. de Moerloose Stéphanie, 2015. "The World Bank’s Sustainable Development Approach and the Need for a Unified Field of Law and Development Studies in Argentina," The Law and Development Review, De Gruyter, vol. 8(2), pages 361-388, December.
    2. Lee,Yong-Shik, 2016. "Reclaiming Development in the World Trading System," Cambridge Books, Cambridge University Press, number 9781107098930.
    3. Milhaupt, Curtis J. & Pistor, Katharina, 2008. "Law & Capitalism," University of Chicago Press Economics Books, University of Chicago Press, number 9780226525273, October.
    4. Clair Gammage, 2017. "North-South Regional Trade Agreements as Legal Regimes," Books, Edward Elgar Publishing, number 16626.
    5. Ginsburg, Tom, 2005. "International Substitutes for Domestic Institutions: Bilateral Investment Treaties and Governance," International Review of Law and Economics, Elsevier, vol. 25(1), pages 107-123, March.
    6. Dann,Philipp, 2013. "The Law of Development Cooperation," Cambridge Books, Cambridge University Press, number 9781107020290.
    7. Brummer,Chris, 2015. "Soft Law and the Global Financial System," Cambridge Books, Cambridge University Press, number 9781107569447.
    8. Choudhury,Barnali, 2012. "Public Services and International Trade Liberalization," Cambridge Books, Cambridge University Press, number 9781107026568.
    9. Brummer,Chris, 2015. "Soft Law and the Global Financial System," Cambridge Books, Cambridge University Press, number 9781107128637.
    10. Segger, Marie-Claire Cordonier & Khalfan, Ashfaq, 2004. "Sustainable Development Law: Principles, Practices, and Prospects," OUP Catalogue, Oxford University Press, number 9780199276714, Decembrie.
    11. Mansell Wade & Openshaw Karen, 2009. "Suturing the Open Veins of Ecuador: Debt, Default and Democracy," The Law and Development Review, De Gruyter, vol. 2(1), pages 151-191, September.
    12. Mbengue Makane Moïse & de Moerloose Stéphanie, 2017. "Multilateral Development Banks and Sustainable Development: On Emulation, Fragmentation and a Common Law of Sustainable Development," The Law and Development Review, De Gruyter, vol. 10(2), pages 389-424, October.
    13. Braithwaite,John & Drahos,Peter, 2000. "Global Business Regulation," Cambridge Books, Cambridge University Press, number 9780521784993.
    14. Fakhri,Michael, 2014. "Sugar and the Making of International Trade Law," Cambridge Books, Cambridge University Press, number 9781107040526.
    15. Ordor Ada, 2015. "Tracking the Law and Development Continuum through Multiple Intersections," The Law and Development Review, De Gruyter, vol. 8(2), pages 333-360, December.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Jorge Alberto Padilla Sánchez, 2019. "Crowdfunding. Análisis del marco regulatorio de la financiación colaborativa en Colombia," Books, Universidad Externado de Colombia, Facultad de Derecho, number 1112, October.
    2. Mbengue Makane Moïse & de Moerloose Stéphanie, 2017. "Multilateral Development Banks and Sustainable Development: On Emulation, Fragmentation and a Common Law of Sustainable Development," The Law and Development Review, De Gruyter, vol. 10(2), pages 389-424, October.
    3. Coban, Mehmet Kerem, 2019. "Compliance forces, domestic policy process, and international regulatory standards: Compliance with Basel III," OSF Preprints x32nw, Center for Open Science.
    4. Lee Yong-Shik, 2019. "A Comment on “Law and Development: Forty Years after ‘Scholars in Self-Estrangement’” by David Trubek," The Law and Development Review, De Gruyter, vol. 12(2), pages 627-635, June.
    5. Thierry Kirat & Frédéric Marty, 2015. "The regulatory practice of the French financial regulator, 2006-2011. From substantive to procedural financial regulation?," Post-Print hal-01276504, HAL.
    6. Michael Fakhri, 2021. "A Trade Agenda for the Right to Food," Development, Palgrave Macmillan;Society for International Deveopment, vol. 64(3), pages 212-219, December.
    7. Lucia Quaglia & Aneta Spendzharova, 2022. "Regime complexity and managing financial data streams: The orchestration of trade reporting for derivatives," Regulation & Governance, John Wiley & Sons, vol. 16(2), pages 588-602, April.
    8. Thorstensen, Vera Helena & Ratton, Michelle & Coelho, Alexandre Ramos, 2019. "O quadro regulatório do sistema financeiro internacional," Textos para discussão 518, FGV EESP - Escola de Economia de São Paulo, Fundação Getulio Vargas (Brazil).
    9. Bronwen Morgan, 2006. "The North–South politics of necessity: regulating for basic rights between national and international levels," Journal of Consumer Policy, Springer, vol. 29(4), pages 465-487, December.
    10. Barry Eichengreen, 2019. "The international financial implications of Brexit," International Economics and Economic Policy, Springer, vol. 16(1), pages 37-50, March.
    11. Mina, Wasseem, 2009. "External commitment mechanisms, institutions, and FDI in GCC countries," Journal of International Financial Markets, Institutions and Money, Elsevier, vol. 19(2), pages 371-386, April.
    12. Yong‐Shik Lee, 2020. "New general theory of economic development: Innovative growth and distribution," Review of Development Economics, Wiley Blackwell, vol. 24(2), pages 402-423, May.
    13. Nicholas A. Phelps & Andrew Wood, 2018. "Promoting the global economy: The uneven development of the location consulting industry," Environment and Planning A, , vol. 50(6), pages 1336-1354, September.
    14. Ruth Mayne & Duncan Green & Irene Guijt & Martin Walsh & Richard English & Paul Cairney, 2018. "Using evidence to influence policy: Oxfam’s experience," Palgrave Communications, Palgrave Macmillan, vol. 4(1), pages 1-10, December.
    15. Amendolagine, Vito & Prota, Francesco, 2021. "Bilateral investment treaties and backward linkages in Sub-Saharan Africa," International Economics, Elsevier, vol. 165(C), pages 172-185.
    16. Aguilera, Ruth V. & Desender, Kurt A. & Kabbach de Castro, Luiz Ricardo, 2011. "A Configurational Approach to Comparative Corporate Governance," Working Papers 11-0103, University of Illinois at Urbana-Champaign, College of Business.
    17. David Monciardini & Guido Conaldi, 2019. "The European regulation of corporate social responsibility: The role of beneficiaries' intermediaries," Regulation & Governance, John Wiley & Sons, vol. 13(2), pages 240-259, June.
    18. Daniel Fitzpatrick & Rebecca Monson, 2022. "Property rights and climate migration: Adaptive governance in the South Pacific," Regulation & Governance, John Wiley & Sons, vol. 16(2), pages 519-535, April.
    19. Gani Aldashev, 2009. "Legal institutions, political economy, and development," Oxford Review of Economic Policy, Oxford University Press and Oxford Review of Economic Policy Limited, vol. 25(2), pages 257-270, Summer.
    20. Andreas Panagopoulos, 2004. "When Does Patent Protection Stimulate Innovation?," Bristol Economics Discussion Papers 04/565, School of Economics, University of Bristol, UK.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:lawdev:v:12:y:2019:i:2:p:285-321:n:4. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyter.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.