Law and International Development*

LW616/LAWS6160

2020-21

MODULE GUIDE

This module guide contains all the information you need for success in this module. It is essential that you familiarise yourself with its content at the start of the course. This guide should be used in collaboration with the guidance on the Law Student Guide.

* This syllabus was designed based on courses on Law and Development previously developed by Kate Bedford

at Kent Law School, and Luis Eslava and Sundhya Pahuja at Melbourne Law School. I am extremely grateful with Kate and Sundhya for allowing me to use their courses as inputs for this syllabus.

Module convenor Dr Luis Eslava Reader in International Law Room N4.N1, Eliot College L.Eslava@kent.ac.uk

Number of credits 15

Teaching delivery 2 hours lecture/seminar (Zoom)

Timetable Group 1: Tuesday, 14.00-16.00 Group 2: Wed., 9.00-11.00

Module hours Weeks 2, 4, 8, 10: Wed., 11.00-12.00 (Zoom) Optional Q&A session open to all students

Expected student study hours for the module including taught and private study

150

Contents

1. Introduction 3

2. Teaching Staff 3

3. Learning Outcomes 3

4. Reading 4

5. Teaching Arrangements 5

6. Teaching Schedule 6

7. Assessment Methods and Schedule 7

8. Module Overview 10

WEEK 1 10

Introduction and Administration 10

WEEK 2 11

Development as an Idea 11

WEEK 3 11

Development and the Political Economy of the World 11

WEEK 4 12

‘Law and Development’ as a Field: Old and New 12

WEEK 5 13

RESEARCH AND ASSESSMENT WEEK (No Class) 13

WEEK 6 13

The Developmental State: Old and New 13

WEEK 7 13

Human Rights and Development 13

WEEK 8 15

Decentralization and Local Development 15

WEEK 9 16

Sustainability and Development 16

WEEK 10 17

Legal Empowerment of the Poor 17

Week 11 18

Security and Development 18

WEEK 12 19

RESEARCH AND ASSESSMENT WEEK (No Class) 19

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1. Introduction Law has always been central to debates about international development but this is becoming increasingly and markedly the case. In this course we will critically explore what development means, its history, its key role in the international political, social and economic order, and the many ways in which law is entangled in this central and controversial concept. The first half of the module (Weeks 1-6) will provide students with detailed knowledge and understanding of the idea of development; the international development project; the main international development institutions; the national effects of the development project; and the movement of Law and Development. The second half of the module (Weeks 7-11) will examine contemporary topics in law and international development, including human rights and development; decentralization and local development; sustainability and development; legal empowerment of the poor; and the intersection between security and developmental concerns and discourses.

2. Teaching Staff

Dr Luis Eslava Reader in International Law Email: L.Eslava@kent.ac.uk Office: Room N4.N1, Eliot College Contact hours: Tuesday 11.30-13.30 (by appointment)

3. Learning Outcomes

This module builds on critical approaches to law introduced in LW313 (A Critical Introduction to Law) and material in LW588 (Public Law 1). It provides an opportunity to develop key themes about the nature of state sovereignty introduced in LW588 (Public Law 1) and LW592 (Public Law 2). It also explores key contemporary themes in the field of International Law e.g. the relevance of international law to global injustices; the possibilities and limitations of law in international affairs; and the relationship between international law and social and economic realities.

Intended subject specific learning outcomes Students who successfully complete the module will have the ability to:

1. critically understand the theoretical debates and academic controversies surrounding the relationship between law and the international development project;

2. critically understand the historical and ideological underpinnings of Western legal thought and international policy in the field of Law and Development;

3. identify and critically analyse the major doctrines, policies and norms directing current international institutions in their efforts to build rule of law, good governance, economic proficiency, environmental sustainability and related aspirations in developing countries;

4. place and critically assess issues of law and development in their proper political, economic, social and jurisdictional contexts.

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Intended generic learning outcomes Students who successfully complete the module will be able to demonstrate the following abilities:

1. read carefully and efficiently both legal and non-legal texts; 2. demonstrate argumentation skills relating to legal and non-legal texts; 3. understand and apply interdisciplinary approaches to the study of law and international

development; 4. construct well-reasoned and well-structured arguments about theoretical and practical

issues in law and international development; 5. demonstrate an awareness of the economic, political and/or social implications of various

approaches to law and international development.

4. Reading All the readings allocated for the sessions are Required Texts and they are available on the Moodle page of the course. Readings Questions are provided for each session. Use these questions to guide your exploration of the materials and to prepare yourself for the discussions in class.

IMPORTANT!

To ensure that you have time to complete all the required readings assigned in this course, the number of readings has been kept to a minimum. Please take this opportunity to properly prepare the readings before class. This will help you to process the materials discussed in class and take active part of the discussions during the course.

Please bring the relevant readings with you to class!

If you want to gain some basic knowledge of the development project, the following textbooks are a good starting point. These texts will also help you with your final essay, in terms of giving you further insights into the broader issues surrounding the idea of development and the practices and institutions associated to it.

• Carol Lancaster and Nicolas van de Walle, The Oxford Handbook of the Politics of Development (OUP, 2018)

• Cheryl McEwan, Postcolonialism and Development (Routledge Development Series) (Routledge, 2008)

• Glyn Williams, Paula Meth and Katie Willis, Geographies of Developing Areas: The Global South in a Changing World (Routledge, 2nd ed, 2014)

• Haslam, Paul A., Jessica Schafer and Pierre Beaudet, Introduction to International Development (OUP, 3rd ed, 2017)

• Jo Beall and Sean Fox, Cities and Development (Routledge Development Series) (Routledge, 2009)

• Katie Willis, Theories and Practices of Development (Routledge Development Series) (Routledge, 2011)

• Philip McMichael, Development and Social Change: A Global Perspective (sage Publications, 6th ed, 2016)

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• Richard Peet and Elaine Hartwick, Theories of Development: Contentions, Arguments, Alternatives (Guilford Press, 3rd ed, 2015)

• Vandana Desai and Robert Potter, The Companion to Development Studies (Routledge, 3rd ed, 2014)

Further Readings have been listed for Weeks 7-1. These texts can help you as additional resources when you are preparing your group presentations.

5. Teaching Arrangements The module will run for twelve weeks, including two Research and Assessment Weeks (Week 5 and 12). Lecture/seminar The module consists of 150 learning hours overall. Teaching will consist of one 2-hour online lecture/seminar per week throughout the term (exc. Research and Assessment Weeks), comprising 20 hours of contact time. The remaining 130 learning hours will be devoted to private study. In the first half of the module the combined lectures/seminars (Weeks 1-6) will serve to explain key concepts. In the second half of the course (Weeks 7-11), the combined lecture/seminars will offer a more detailed discussion of readings; debate about the core questions raised in that week’s private study, and student presentations. Module hour In addition to the lecture/seminars, ‘module hours’ have been timetabled for Weeks 2, 4, 8 and 10. These will 1-hour online sessions hosted by the convenor and opened to all students enrolled in the course. These sessions will be used to resolved any question student may have in relation to the course content and assessments. Student participation is voluntary. Zoom Links Lecture/seminar and module hours will be conducted via Zoom: Group 1 Lecture-Seminar: Tuesday, 14.00-16.00 (no class on Weeks 5 & 12)

• https://zoom.us/j/99178219227?pwd=OXFjZ1dYejN2eW1NdEFTV1FyRno1dz09

• Passcode: 344246

Group 2 Lecture-Seminar: Wednesday, 9.00-11.00 (no class on Weeks 5 &12)

• https://zoom.us/j/98873546413?pwd=OGo3eXBUOGFkVEdaOVh5T2hDbVJ4dz09 • Passcode: 956885

Module Hour: Wednesday, 11.00-12.00 (only weeks 2, 4, 8, 10). Non-compulsory Q&A session open to all students.

• https://zoom.us/j/91310902897?pwd=cW5JR3k2R2NnUWI0azBmTUJMa3ZTUT09 • Passcode: 029507

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6. Teaching Schedule

Week Seminar/lectures

Module hours Topic

1 29/30 Sep. Introduction and Administration

2 6/7 Oct. Development as an Idea

7 Oct Module Hour – Optional

3 13/14 Oct. Development and the Political Economy of the World

4 20/21 Oct. ‘Law and Development’ as a Field: Old and New

21 Oct. Module Hour – Optional

5 27/28 Oct. Research and Assessment Week

6 3/4 Nov. The Developmental State: Old and New

7 10/11 Nov. Human Rights and Development

8 17/18 Nov. Decentralization and Local Development

18 Nov. Module Hour – Optional

9 24/25 Nov. Sustainability and Development

10 1/2 Dec. Legal Empowerment of the Poor

2 Dec. Module Hour – Optional

11 8/9 Dec. Security and Development

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Research and Assessment Week

The Final Essay is due by 2pm on Friday, 18 December 2020.

Total word count for this assignment: 2,500 words max. (including footnotes)

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7. Assessment Methods and Schedule

This module will be assessed by 100% coursework using 3 methods.

Assessment Format Questions

Released Submission

Mark & Feedback

Release %

1 Participation N/A Across the term 22 Jan. 21 10

2 Presentation N/A See below 22 Jan. 21 40

3 Essay 24/25 Nov. 20 18 Dec. 21 22 Jan. 21 50

The three methods of assessment for this course are: I. Class participation (10%) Students will be required to carry out (at least 1 assignment per class) such as answering the reading questions allocated for each session, summarizing the weeks’ readings, connecting a video watched during class to the ideas being discussed, etc. In addition, each week of the course, students are invited to submit a self-reflection based on an image used during the lecture/seminar that week. Reflections should be NO LONGER than 200 words and MUST refer to one reading allocated for that week. Submissions will be used as further evidence of your participation and will contribute to your participation mark (5%).

IMPORTANT!

Your (i) preparation for class, and your (ii) ability to translate that preparation into a meaningful exchange in the classroom, will be tested using this method. The three specific criteria that will be used to assed your participation across the term are:

(i) Active Participation (ii) Reference to Assigned Readings (iii) Quality of Analysis

II. Class presentation (40%) In the second week of the course, students will be placed in small groups to present on the topic assigned for Weeks 7-11:

Week Date Topic

7 10/11 Nov. Human Rights and Development

8 17/18 Nov. Decentralization and Local Development

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9 24/25 Nov. Sustainability and Development

10 1/2 Dec. Legal Empowerment of the Poor

11 8/9 Dec. Security and Development

The number of students per group will depend on the size of the class. Presentation instructions:

• Groups will need to pre-record their presentations.

• Presentations should be NO LONGER than 25 minutes.

• Presentations MUST be submitted as an .mp4 format to the module convenor (L.Eslava@kent.ac.uk), via a Google Drive or Dropbox link, NO LATER than 2pm on the Monday before the group’s presentation.

• Presentations will be watched collectively during the first part of the allocated lecture/seminars, and the group will then respond to questions from peers and the convenors for 30min.

Groups will be rewarded for (i) independent and critical thinking about the readings allocated for the corresponding week (avoid summarizing the readings!) and other sources; and (ii) innovative presentation techniques (e.g. using songs, footage from news, questionnaires, case studies, hypotheticals, etc). Groups will need to think critically about what styles of teaching and presentation work for them, and what approach to pedagogy they might use if they had to instruct others. Further Readings have been listed for Weeks 7-1. These texts can help you as additional resources when you are preparing your group presentations. In order to avoid freeriding, marks will be individual and based on the contribution made by each member to the overall performance of the group. The template of the Marking & Feedback Sheet for this oral assessment is available on the Moodle page of the course (under Participation / Oral Assessment Marking Sheet).

IMPORTANT!

Remember… presentation groups will be rewarded for (i) independent and critical thinking and (ii) innovative presentation techniques. In previous years presentation groups have experimented with a whole array of exciting techniques, new ideas and interactive forms of presentation and they have had lots of fun doing it… which means that if they have been able to do it, you can do it too! : - )

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III. Final Essay (50%) The last method of assessment of this course is a final essay (50%) of 2,500 words (including footnotes) based on Guiding Topics suggested by the instructor. This assignment requires you to show evidence of independent legal research and analysis. This means that you need to (i) go beyond assigned readings while still using some of the materials and ideas discussed in class, and (ii) critically engage with your sources and your object of study. The Guiding Topics for the final essay will be distributed in class on 24/25 November 2020. The final essay is due by 2pm on Friday, 18 December 2020.

IMPORTANT!

Keep in mind the following key points about your Final Essay: Length: 2,500 words max. (including footnotes). Worth 50% of the course final mark! Topics: The convenor will provide you with Guiding Topics (see below), which means you should use them to direct your individual research and to help you select your actual topic. As their name indicates… the are ‘guiding’ topics! Essay Title: You should give to your essay a title that reflects your actual topic and argument. When you are deciding which title to give to your essay, think about it in terms of the titles that scholars give to their academic articles (something short and concise that tells readers about the content of the article and the main argument presented). Requirements: This assignment requires you to show evidence of independent legal research and analysis. The scope of your reading and critical engagement must include the materials discussed in class but also go beyond the assigned readings in order to satisfy this criteria.

Sample Essays A selection of sample essays submitted to this module in the past is available for your inspection in the Moodle page of course. These essays obtained high marks and they are excellent examples of well-defined research topics, explored through an easy to identify and interesting central argument. These essays are also good examples of:

1. critical and systematic engagement with materials and ideas discussed during the course; 2. careful use of concepts; 3. good essay structure; 4. consistent referencing and citation style; 5. clear writing and good attention to grammar; 6. consistent attention to formatting.

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Submissions Requirements Your essay must be submitted electronically via Turnitin ensuring that you use the ‘Essay submission sheet’ available via the module Moodle page assessment section. Undergraduate Assessment Guide The Undergraduate Assessment Guide is a handy guide to the KLS UG Assessment process including e.g. marking criteria, expected citation style, academic good practice and the word count policy. Additional help with your work Kent Law School offers a Skills Hub as a physical and online space for Law students designed to support you with you studies. For information please visit the Skills Hub Moodle Page. You are welcome to discuss your understanding of the module content with seminar leaders during their contact hours. However, seminar leaders will not read/correct any draft work or plans. The Student Learning Advisory Service also offers workshops, online study guides, and one-to-one appointments to help with study skills, including essay writing and referencing: http://www.kent.ac.uk/uelt/about/slas.html

8. Module Overview

WEEK 1 Introduction and Administration

IMPORTANT!

Before our first lecture-seminar you need to do complete following exercise.

1. Read the World Bank’s document ‘Law and Development Movement’ provided on Moodle. 2. Read the press released of the World Bank’s World Development Report 2017: Governance

and Development, available at https://www.worldbank.org/en/news/press-release/2017/01/30/improving-governance-is-key-to-ensuring-equitable-growth-in-developing-countries

3. Write down a list of keywords (at least 10) that you find on these pages. 4. What are some of the recurrent words or concepts employed to define “development”? 5. Why is development often connected to the economy? What are the assumptions and

implications of this understanding? 6. Development today attempts to operate beyond the strict realm of the economic discipline

and socio-economic life. What are the new spheres of life that development programmes attempt to take into account? What are the assumptions and implications of these new approaches to development?

7. How does the World Bank understand the connection between law and development?

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WEEK 2 Development as an Idea

IMPORTANT!

The readings allocated for this week (in particular Esteva and Rist) are crucial for your understanding of this course! They will help you to gain a critical understanding of the concept of development and they will give you a firm ground to approach all the other readings that we will be discussing in the course. Please take the time to read them carefully. For those who feel that they need a quick refresher about the larger history of imperialism and colonialism that is referred to in the readings below, you can also read the following chapter (also available on the Moodle page for this week of the course):

Eric Allina, ‘Imperialism and the Colonial Experience’ in Paul A. Haslam, Jessica Schafer and Pierre Beaudet, Introduction to International Development (OUP, 3rd ed, 2017), 24-42.

Required Texts:

1. Gustavo Esteva. ‘Development’ in Wolfgang Sachs (ed), The Development Dictionary: A Guide to Knowledge as Power (Zed Books, 2nd ed, 2010), pp 1-23. Available at: http://shifter-magazine.com/wp-content/uploads/2015/09/wolfgang-sachs-the-development-dictionary-n-a-guide-to-knowledge-as-power-2nd-ed-2010-1.pdf

2. Gilbert Rist. ‘The Making of a World System' and 'The Invention of Development’ in The History of Development: From Western Origins to Global Faith (Zed Books, 1997) pp 47-68 and 69-79.

3. Visit the United Nations’ site for the Sustainable Development Goals and read the section on ‘about’ the Sustainable Development Agenda and the FAQ: http://www.un.org/sustainabledevelopment/development-agenda/

4. Jason Hickel, ‘Forget 'developing' poor countries, it's time to 'de-develop' rich countries’ (The Guardian, 25 September 2015). Available at: http://www.theguardian.com/global-development-professionals-network/2015/sep/23/developing-poor-countries-de-develop-rich-countries-sdgs?CMP=share_btn_fb

Reading Questions:

1. According to Esteva, when did the idea of development emerge in the international order? 2. What examples does Rist provide of continuities between colonial policies and development

policies (p 56-8). 3. According to Esteva and Rist, what was entailed by the invention of “development” and

‘underdevelopment’ as a way to talk about the world, in particular, a post-imperial world? Make a list.

4. How has the idea of ‘sustainable development’ been used by international institutions and other actors to challenge standard interpretations and uses of development?

5. According to Hickel, what are the problems associated to the idea of sustainable development as expressed in the UN Sustainable Development Goals?

WEEK 3

Development and the Political Economy of the World

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Required Texts:

1. Harry Truman, Inaugural Address January 20, 1949. Available at: https://www.trumanlibrary.org/whistlestop/50yr_archive/inagural20jan1949.htm

2. Timothy Mitchell, ‘America’s Egypt: Discourse of the Development Industry’ (1991) 169 Middle East Report 18.

3. Jason Hickel, ‘Aid in reverse: how poor countries develop rich countries’ (The Guardian, 14 January 2017). Available at: https://www.theguardian.com/global-development-professionals-network/2017/jan/14/aid-in-reverse-how-poor-countries-develop-rich-countries

4. Kate Aronoff, ‘The World Order Is Broken. The Coronavirus Proves It.’ (The New Republic, 22 April 2020): https://newrepublic.com/article/157328/world-order-broken-coronavirus-proves-it

Reading Questions:

1. How did Truman define the task of development? 2. According to Mitchell, what is the impact of typical/common views and approaches to the

Third World on the actual application of development policies? 3. According to Hickel, who has benefited from the structural adjustment policies implemented

in Third World countries – and beyond – since the 1980s? 4. Why, according to Aronoff, the Covid-19 pandemic has come to prove that the world order is

broken?

WEEK 4 ‘Law and Development’ as a Field: Old and New

IMPORTANT!

When you are preparing the readings for this week you should approach Trubek’s piece as a general overview of the field known as ‘Law and Development’; Bhansali, SDG 16 and the World Bank Report are recent official accounts of why law is important for development; and Krever is a powerful critique of the ongoing use of law, in particular ‘the rule of law’, in the development project. Trubek and Krever are really important and useful texts for this course, so try to do them before class!

Required Texts:

1. David M. Trubek, 'Law and Development', in Neil J. Smelser and Paul B. Baltes (eds), International Encyclopedia of the Social & Behavioral Sciences (Elsevier, 2001), pp 8443-8446.

2. Lisa Bhansali, ‘Defining our path to the Rule of Law’ (World Bank, 2012). Available at: http://blogs.worldbank.org/governance/defining-our-path-to-the-rule-of-law.

3. Read the policy brief for Sustainable Development Goal (SDG) 16: Peace, Justice and Strong Institutions: https://www.un.org/sustainabledevelopment/wp-content/uploads/2017/01/16-00055p_Why_it_Matters_Goal16_Peace_new_text_Oct26.pdf

4. Visit the introductory page for the World Bank’s World Development Report 2017 on “Governance and the Law” and read the description of the report and some of the other information, available at: http://www.worldbank.org/en/publication/wdr2017

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5. Tor Krever, ‘The Legal Turn in Late Development Theory: The Rule of Law and the World Bank’s Development Model’ (2011) 52(1) Harvard International Law Journal 288.

Reading Questions:

1. How did the first Law and Development movement understand the relationship between national and international law and the idea of development?

2. Why did the first Law and Development movement seem to die so quickly? 3. What are the areas of action within the ‘New’ Law and Development movement? 4. What are the historical reasons for the renewal of interest in the field of Law and

Development, and in particular the idea of the Rule of Law? 5. How do you think the Sustainable Development Goals (Goal 17) and the work of the World

Bank on the ‘rule of law’ are shaping the ‘New’ Law and Development movement and broader understandings of the link between law and development?

6. What is the main argument advanced by Trever in his article?

WEEK 5 RESEARCH AND ASSESSMENT WEEK (No Class)

WEEK 6 The Developmental State: Old and New

Required Texts:

1. Luis Eslava and Sundhya Pahuja, ‘The State and International Law: A Reading from the Global South’ (2020) Humanity 118.

Reading Questions:

1. From your reading of Eslava and Pahuja (2020), what do you think were the main effects of choosing nation-states and their national laws and governments as the main vehicles to promote development in the ‘developing world’ after WWII?

2. According to Eslava and Pahuja, what were the main features of the ‘old’ developmental state?

3. What is new, according to Eslava and Pahuja, about the ‘new’ developmental state?

WEEK 7 Human Rights and Development

Required Texts:

1. Andrea Cornwall and Celestine Nyamu-Musembi, ‘Putting the 'Rights-Based Approach' to Development into Perspective’ (2004) 25(8) Third World Quarterly 1415.

2. Siobhán McInerney-Lankford. ‘International Human Rights Law Symposium: Human Rights and Development Regimes – Reflections on Convergence and Influence’ (EJIL: Talk!, 10 February 2016). Available at: http://www.ejiltalk.org/esil-international-human-rights-law-symposium-human-rights-and-development-regimes-reflections-on-convergence-and-influence/

3. Samuel Moyn, ‘Human Rights in History’ in Human Rights and the Uses of History (Verso, 2014), 69-86.

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Reading Questions:

1. Based on Cornwall and Nyamu-Musembi and McInerney-Lankford’s analysis, list the potential differences and the possible relations that exist between human rights and development.

2. According to Moyn, what is the value of understanding human rights as a recent invention – an invention that emerged, according to his analysis, only in the last few decades and as result of the collapse of many other (past) political utopias?

3. Why does Moyn call ‘human rights’ our last utopia? Further Readings: Samuel Moyn, Human Rights and the Uses of History (Verso, 2014), Chapter 5: ‘Human Rights in

History’, 69. Costas Douzinas, The End of Human Rights: Critical Legal Thought at the Turn of the Century (Hart,

2000), Chapter 6: ‘The Triumph of Humanity: From 1789-1989 and from Natural to Human Rights’, 109.

Paul O'Connell, 'The Death of Socio-Economic Rights' (2011) 74 Modern Law Review 532. Susan Marks, 'Human Rights and the Bottom Billion' (2009) (1) European Human Rights Law Review

37. Malcolm Langford, ‘Rights, Development and Critical Modernity’ (2015) 46 Development and Change

777. Alex Jeffrey, ‘The Politics of “Democratization”: Lessons from Bosnia and Iraq’ (2007) 14 Review of

International Political Economy 444. Amartya Sen, Development as Freedom (Oxford University Press, 1999), Chapter 1: ‘The Perspective

of Freedom’, 13. Amartya Sen, The Idea of Justice (Harvard University Press, 2009). Andrea Cornwall and Celestine Nyamu-Musembi, ‘Putting the “Rights-Based Approach” to

Development into Perspective’ (2004) 25 Third World Quarterly 1415. Anne Orford, ‘Beyond Harmonization: Trade, Human Rights and the Economy of Sacrifice’ (2005) 18

Leiden Journal of International Law 179. Aram Ziai, ‘The Millennium Development Goals: Back to the Future?’ (2011) 32 Third World Quarterly

27. Bernhard G Gunter, ‘Achieving the MDGs and Ensuring Debt Sustainability’ (2011) 32 Third World

Quarterly 45. Bhupinder Chimni, ‘The Sen Conception of Development and Contemporary International Law

Discourse: Some Parallels’ (2008) 1 Law and Development Review 3. Brigitte I Hamm, ‘A Human Rights Approach to Development’ (2001) 23 Human Rights Quarterly 1005. Jan Vandemoortele, ‘If Not the Millennium Development Goals, Then What?’ (2011) 32 Third World

Quarterly 9. John Keane, Violence and Democracy (Cambridge University Press, 2004). José-Manuel Barreto, ‘Decolonial Strategies and Dialogue in the Human Rights Field: A Manifesto’

(2012) 3 Transnational Legal Theory 1. Kerry Rittich, ‘The Future of Law and Development: Second Generation Reforms and the Incorporation

of the Social’ (2004) 26 Michigan Journal of International Law 199. Laure-Hélène Piron and Tammie O’Neil, Integrating Human Rights into Development: A Synthesis of

Donor Approaches and Experiences (Paper prepared for the OECD Network on Governance (GOVNET), Overseas Development Institute, September 2005) <www.odi.org.uk/rights/Publications/humanrights_into_development_execsumm.pdf>.

Martti Koskenniemi, ‘Human Rights Mainstreaming as a Strategy for Institutional Power’ (2010) 1(1) Humanity 47.

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Maxwell O Chibundu, ‘Law in Development: On Tapping, Gourding and Serving Palm-Wine’ (1997) 29 Case Western Journal of International Law 167.

Nicolas Guilhot, The Democracy Makers: Human Rights and the Politics of Global Order (Columbia University Press, 2005), Chapter 6: ‘Financing the Construction of “Market Democracies’, 188.

Philip Alston and Mary Robinson (eds), Human Rights and Development: Towards Mutual Reinforcement (Oxford University Press, 2005).

Philip Alston, ‘Ships Passing in the Night: The Current State of the Human Rights and Development Debate Seen through the Lens of the Millennium Development Goals’ (2005) 27 Human Rights Quarterly 755.

Roland Y Rich, ‘The Right to Development as an Emerging Human Right’ (1983) 23 Virginia Journal of international Law 287.

Ruth E Gordon and Jon H Sylvester, ‘Deconstructing Development’ (2004) 22 Wisconsin International Law Journal 1.

Sundhya Pahuja, ‘Rights as Regulation: The Integration of Human Rights and Development’ in Bronwen Morgan (ed), The Intersection of Rights and Regulation (Ashgate, 2007) 167.

Thomas M Franck, ‘The Emerging Right to Democratic Governance’ (1992) 86 American Journal of International Law 46.

WEEK 8

Decentralization and Local Development

Required Texts:

1. Read the policy brief for Sustainable Development Goal 11: Sustainable Cities and Communities: https://www.un.org/sustainabledevelopment/wp-content/uploads/2016/08/16-00055K_Why-it-Matters_Goal-11_Cities_2p.pdf

2. Branwen Gruffydd Jones, ‘‘Cities Without Slums’? Global architectures of power and the African city’ in Karel A. Bakker (ed), Proceedings of African Perspectives 2009. The African Inner City: [Re]sourced (University of Pretoria, 2009). Available at: https://www.up.ac.za/media/shared/Legacy/sitefiles/file/44/1068/3229/9086/africanperspectives/pdf/papers/gruffydjones.pdf

3. Gautam Bhan, ‘“This is no Longer the City I Once Knew": Evictions, the Urban Poor and the Right to the City in Millennial Delhi’ (2009) 21 Environment and Urbanization 127.

Reading Questions:

1. How do the Sustainable Development Goals define the importance of cities for development today and what kind of cities do they seek to promote?

2. How does Jones explain the contemporary interest in cities in developmental discussions? 3. Why is the role of law in the current emergence of cities in the international order? 4. Gautam Bhan demonstrates in his article how in the Global South there is a paradoxical

confluence between elite interests, the idea of good governance and the use of law and legal mechanisms in order to evict the urban poor from their Settlements. Can you explain how this confluence of forces takes place in the events described by Bhan in Mumbai?

Further Readings: Ambreena Manji, ‘Eliminating Poverty? ‘Financial Inclusion’, Access to Land, and Gender Equality in

International Development’ (2010) 73 Modern Law Review 985.

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Ileana Porras, ‘The City and International Law: In Pursuit of Sustainable Development’ (2009) 36 Fordham Urban Law Journal 537.

Luis Eslava, 'Decentralization of Development and Nation-Building Today: Reconstructing Colombia from the Margins of Bogotá' (2009) 2 Law and Development Review 283.

Maria Clara Dias and Luis Eslava, ‘Horizons of Inclusion: Life Between Laws and Developments in Rio de Janeiro’ (2013) 44(5) Inter-American Law Review 177.

Luis Eslava, Local Space, Global Life: The Everyday Operation of International Law and Development (Cambridge University Press, 2015).

WEEK 9

Sustainability and Development

Required Texts:

1. Wolfgang Sachs, ‘Preface to the New Edition’ in Wolfgang Sachs (ed), The Development Dictionary: A Guide to Knowledge as Power (Zed, 2nd ed, 2010), vi-xiv. Available at: http://www.citizens-international.org/ci2012/http:/www.citizens-international.org/ci2012/wp-content/uploads/2012/12/Development-Dictionary.pdf

2. John Robinson, ‘Squaring the circle? Some thoughts on the idea of sustainable development’ (2004) 48(4) Ecological Economics 369.

3. Zoe Williams, ‘Poverty goals? No, it’s extreme wealth we should be targeting’ (The Guardian, 19 October 2015). Available at: http://www.theguardian.com/commentisfree/2015/oct/19/un-poor-wealth-sustainable-development-goals

Reading Questions:

1. Make a list of the possible connections that exist between traditional approaches to the idea of development (and the use of law in the development project) and the contemporary state of environmental degradation of the planet.

2. How do you think the idea of ‘sustainable’ development aims to solve the problem of environmental degradation?

3. Do you think law is a useful tool to achieve a greener planet? 4. According to Williams, how does global social inequality relate to broader concerns in terms

of sustainability and mainstream discussions about development? Further Readings: Bill Hopwood, Mary Mellor and Geoff O’Brien, ‘Sustainable Development: Mapping Different

Approaches’ (2005) 13 Sustainable Development 38. Gilbert Rist, The History of Development: From Western Origins to Global Faith (Zed Books, 4th ed,

2014), Chapter 10: ‘The Environment, or the New Nature of Development’, 171. Luis A Camacho, ‘Consumption as a Topic for the North-South Dialogue’ in David A Crocker and Toby

Linden (eds), Ethics of Consumption: The Good Life, Justice and Global Stewardship (Rowman & Littlefield, 1998) 552.

Peter Brand, ‘Green Subjection: The Politics of Neoliberal Urban Environmental Management’ (2007) 31 International Journal of Urban and Regional Research 616.

Samuel Alexander, ‘Property beyond Growth: Toward a Politics of Voluntary Simplicity’ in David Grinlinton and Prue Taylor (eds), Property Rights and Sustainability: The Evolution of Property Rights to Meet Ecological Challenges (Brill, 2011).

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‘Towards a Green Economy: Pathways to Sustainable Development and Poverty Eradication’ (Paper, UNEP, 2011): https://web.unep.org/greeneconomy/sites/unep.org.greeneconomy/files/field/image/green_economyreport_final_dec2011.pdf

‘Human Development Report 2007/2008: Fighting Climate Change: Human Solidarity in a Divided World’ (Report, UNDP, 2007): http://hdr.undp.org/sites/default/files/reports/268/hdr_20072008_en_complete.pdf

‘World Development Report 2010: Development and Climate Change’ (Report, World Bank, 2010): https://openknowledge.worldbank.org/handle/10986/4387

WEEK 10

Legal Empowerment of the Poor

Required Texts:

1. Hernando de Soto, ‘The Hidden Architecture of Capital’ (2001). Available at: http://www.ild.org.pe/publications/articles/863-the-hidden-architecture-of-capital

2. Secretary-General report on Legal Empowerment and Poverty Eradication (A/64/133, 2009). Available at http://content.undp.org/go/cms-service/download/publication/?version=live&id=2099151

3. Christina Hackmann, ‘Legal empowerment of the poor and its relation to pro-poor growth’ in Poverty Reduction and Pro-Poor Growth: The Role of Empowerment (OECD, 2012). Available at: https://www.oecd-ilibrary.org/development/poverty-reduction-and-pro-poor-growth/legal-empowerment-of-the-poor-and-its-relation-to-pro-poor-growth_9789264168350-10-en

4. Willem Assies, ‘Legal empowerment of the poor: with a little help from their friends?’ (2009) 36(4) The Journal of Peasant Studies 909.

Reading Questions:

1. Why does Hernando de Soto say that the capital of the poor is somehow hidden? 2. What are the different areas of work targeted by the Commission of the Legal Empowerment

of the Poor? 3. Do you think the Legal Empowerment of the Poor has been able to overcome the limitations

associated with previews uses of law in the enterprise of development? 4. What is the main argument advanced by Assies in his article?

Further Readings: Fernando Cantuarias and Miguel Delgado, ‘Peru’s Urban Land Titling Program’ (Case Study’, World

Bank, 2004) http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2004/12/22/000090341_20041222105227/Rendered/PDF/308120PE0Land0Titling01see0also0307591.pdf

Report of the Commission on Legal Empowerment of the Poor (UNDP, 2008) http://www.undp.org/legalempowerment/library.shtml

Ruth Buchanan, Helen Kijo-Bisimba and Kerry Rittich, ‘The Evictions at Nyamuma: Structural Constraints and Alternative Pathways in the Struggles over Land’ in Lucie E White and Jeremy Perelman (eds), Stones of Hope: How African Activists Reclaim Human Rights to Challenge Global Poverty (Stanford University Press, 2011) 91.

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Report of the Secretary-General on Legal Empowerment of the Poor and Eradication of Poverty, UN GAOR, 64th sess, Agenda Item 58, UN Doc A/64/133 (13 July 2009): http://content.undp.org/go/cms-service/download/publication/?version=live&id=2099151

Timothy Mitchell, ‘The Work of Economics: How a Discipline Makes Its World’ (2005) 46 European Journal of Sociology 297.

Resolution on Legal Empowerment for the Poor and Eradication of Poverty, UN GAOR, 64th sess, 2nd Comm, Agenda Item 57, UN Doc A/C.2/64/L.4/Rev.2 (3 December 2009) https://documents-dds-ny.un.org/doc/UNDOC/LTD/N09/635/10/PDF/N0963510.pdf?OpenElement

Week 11

Security and Development

Required Texts:

1. Charles T Call, ‘The Fallacy of ‘Failed State’ (2008) 29(8) Third World Quarterly 1491. 2. Vijay Kumar Nagaraj, ‘Beltway Bandits’ and ‘Poverty Barons’: For-Profit International

Development Contracting and the Military-Development Assemblage’ (2015) 46(4) Development and Change 585.

3. Vice News, ‘Fortress Europe: The Billion Dollar Machine That Keeps Migrants at Bay’ (18 June 2015). Read the following article and watch the two-parts news series included in this link: https://news.vice.com/article/fortress-europe-the-billion-dollar-machine-that-keeps-migrants-at-bay

Reading Questions:

1. Charles T Call argues that the idea of ‘Failed State’ is a fallacy. What are the reasons outline by Call in his article to affirm this?

2. Based on Nagaraj’s article, explain some of the ways in which the development project has recently intermingled with military and security interests and rationales.

3. In the Vice News included as part of the readings for this week, it is possible to see how a security/military response has closely accompanied the current migration crises. How do you think the history of development, and the history of the connection between law and development, relates to this dialectical relationship between migration and securitization?

Further Readings: David Chandler, 2007. ‘The Security–Development Nexus and the Rise of “Anti-Foreign Policy”’ 10(4)

Journal of International Relations and Development 362. David Chandler, 2015. “Rethinking the Conflict-Poverty Nexus: From Securitising Intervention to

Resilience.” 4 (1) Stability: International Journal of Security & Development 1. Joao Pontes Nogueira, “From Failed States to Fragile Cities: Redefining Spaces of Humanitarian

Practice” (2017) 38 (7) Third World Quarterly 1437. Klaus Decker, ‘World Bank Rule-of-Law Assistance in Fragile States: Developments and Perspectives’

in Amanda Perry-Kessaris (ed), Law in the Pursuit of Development (Routledge, 2010), pp 224-253. Laura Chioda, Stop the Violence in Latin America: A Look at Prevention from Cradle to Adulthood

(2017). Mark Neocleous, War Power, Police Power (Edinburgh: Edinburgh University Press, 2014). World Bank, Citizen Insecurity in Latin America: Exchanging Experiences in Search of Solutions (2013) http://www.worldbank.org/en/news/feature/2013/06/26/inseguridad-america-latina-

conferencia-cali World Bank, How Firms Cope with Crime and Violence (2014)

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World Bank, ‘Violence in the City. Understanding and Supporting Community Response to Urban Violence’ (Social Development Department; Conflict, Crime and Violence Team, 2011). https://www.unicef.org/protection/Violence_in_the_City.pdf

World Bank, World Development Report: Conflict, Security and Development (2011).

WEEK 12 RESEARCH AND ASSESSMENT WEEK (No Class)