Law, Justice, and Development

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The Law, Justice, and Development series is offered by the Legal Vice Presidency of the World Bank to provide insights into aspects of law and justice that are relevant to the development process. Works in the series present new legal and judicial reform activities related to the World Bank’s work, as well as analyses of domestic and international law. The series is intended to be accessible to a broad audience as well as to legal practitioners.

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Now showing 1 - 10 of 16
  • Publication
    The World Bank Legal Review, Volume 5 : Fostering Development through Opportunity, Inclusion, and Equity
    (Washington, DC: World Bank, 2014) Cissé, Hassane; Menon, N. R. Madhava; Cordonier Segger, Marie-Claire; Nmehielle, Vincent O.; Cissé, Hassane; Menon, N. R. Madhava; Cordonier Segger, Marie-Claire; Nmehielle, Vincent O.
    This report speaks to the holistic nature of the development process, a process that should not only encourage all stakeholders to participate in the process but also directly engage them. This volume posits that such participation must be guided by the law and accord with the broader notion of justice for development as a concept to be meaningfully appreciated today. A process that takes place without giving stakeholders an opportunity to participate, or that excludes stakeholders, is not only an unfair and inequitable process but also one that is likely to fall foul of the notion of justice in a society that is governed by the rule of law. Thus, equitable participation necessitates a careful inquiry into the conceptual underpinnings of opportunity, inclusion, and equity as law and justice tools that can be used to secure elements of meaningful development. Opportunity, inclusion, and equity in global development are clearly the foundation stones of the millennium development goals (MDGs), and their importance is growing yet greater in the context of a new post-2015 sustainable development agenda that builds on the gains of implementing the eight MDGs while identifying new development challenges. This volume is made up of 32 chapters organized into five thematic parts. Part one is law and the economy; part two is justice and rule of law reform; part three is environmental and natural resources law; part four is governance and anticorruption; and part five is empowerment and equity for diverse communities. The volume ends with a concluding chapter and an afterword.
  • Publication
    The World Bank Legal Review, Volume 4 : Legal Innovation and Empowerment for Development
    (Washington, DC: World Bank, 2013) Cissé, Hassane; Muller, Sam; Thomas, Chantal; Wang, Chenguang; Cissé, Hassane; Muller, Sam; Thomas, Chantal; Wang, Chenguang
    The World Bank legal review gathers this input from around the world and compiles it into a useful resource for all development practitioners and scholars. The subtitle of this volume, legal innovation and empowerment for development, highlights how the law can respond to the chal-lenges posed to development objectives in a world slowly emerging from an economic crisis. The focus on innovation is a call for new, imaginative strategies and ways of thinking about what the law can do in the development realm. The focus on empowerment is a deliberate attempt to place the law into the hands of the poor; to give them another tool with which to resist poverty. This volume shows some of the ways that the law can make an innovative and empowering difference in development scenarios. Development problems are complex and varied, and the theme of innovation and empowerment naturally has a broad scope. Consequently, this volume reaches far and wide. It considers the nature, promise, and limitations of legal innovation and legal empowerment. It looks at concrete examples in places such as Africa, the Asia-Pacific region, and Latin America. It considers developments in issues with universal application, such as the rights of the disabled and the effectiveness of asset recovery measures. The theme of legal innovation and empowerment for development complements substantive and institutional sensibilities in current development policy. Substantively, development policy discourse seems to have moved away from tacking hard toward statist policy or neoliberal policy. Although this brief introduction cannot do justice to the richness and complexity of these contributions, it does consider each focal point in turn.
  • Publication
    The World Bank Legal Review, Volume 3 : International Financial Institutions and Global Legal Governance
    (World Bank, 2012) Cisse, Hassane; Bradlow, Daniel D.; Kingsbury, Benedict
    The rule of law is not just a set of rules and their judicial application. As the third volume of the World Bank legal review makes clear in its subtitle, International Financial Institutions and Global Legal Governance, the law is also about policy making, institutional frameworks, international politics, development, and ultimately-freedom. The law broadens the scope of the questions that people ask, and so helps policy makers find solutions to complex, multifaceted problems. To do that effectively, however, legal research and legal practitioners must focus on how the law can support innovative and pragmatic responses to development challenges. The law also has a role to play at the micro level of community-driven development. Ethiopia, for example, has used intellectual property tools to renegotiate the distribution and selling arrangements of its coffee production with multinational enterprises. The results have benefited both local farmers and traders.
  • Publication
    A Global View of Business Insolvency Systems
    (Washington, DC: World Bank and Brill, 2010) Westbrook, Lawrence; Booth, Charles D.; Paulus, Christoph G.; Rajak, Harry; Westbrook, Lawrence
    The purpose of this book is to provide a coherent overview of the insolvency systems found around the world. Its intended audience includes academics, judges, lawyers, and policymakers. Its focus is on businesses rather than natural persons. The authors hope to give the reader a sense of some of the principal approaches to managing the general default of a business debtor. The authors will discuss the nature of the costs and benefits arising from the various policy choices legislators have made. In the process, they will emphasize the close interrelationship among various elements of an insolvency regime so that these elements can be viewed as part of an overall system and not just as a series of policy decisions about particular rules, such as the method of initiation of an insolvency case or the balance struck in setting the boundaries of an avoidance power. The organization of the book reflects our view of insolvency laws as complete systems, including not only the 'insolvency' or 'bankruptcy' code of a jurisdiction but also closely related laws and the institutional framework in which those laws are applied. The book takes a systematic approach to a variety of topics related to credit and insolvency regulation. The functional analysis starts with the study of debt enforcement, continues with an examination of general corporate insolvency legislation, corporate rehabilitation proceedings, informal workouts, employee rights, judicial and administrative institutions, and the considerations key to cross-border insolvency proceedings.
  • Publication
    The World Bank Policy for Projects on International Waterways : An Historical and Legal Analysis
    (World Bank, 2009) Salman, Salman M. A.
    This study deals with the evolution and context of the Bank policy for projects on international waterways. It starts with a brief description of how the Bank has faced the challenges stemming from such projects, and the different approaches deliberated by the Bank that led to the issuance of the first policy in 1956. The study then reviews the implementation experience of the policy and analyzes the principles and procedures, as well as the main features of each of the policies issued in 1956, 1965, and 1985 respectively. The principles of international water law prevailing at each stage of the policy issuance are examined and compared with those of the Bank policy. The study also discusses in detail the notification process: its basis, by whom, to whom, its content, different riparian's responses, and the exceptions to the notification requirement. It then analyzes how the Bank handles an objection from one or more of the riparian's to projects proposed for Bank financing. It also examines how the Bank has dealt with transboundary groundwater, as well as the linkages between the policy for projects on international waterways and the policies on disputed areas and environmental impact assessment. The conclusion provides an overview of the main findings of the study, and highlights some of the lessons drawn from the implementation experience of the policy.
  • Publication
    Forest Law and Sustainable Development : Addressing Contemporary Challenges Through Legal Reform
    (Washington, DC : World Bank, 2007) Christy, Lawrence C.; Di Leva, Charles E.; Lindsay, Jonathan M.; Takoukam, Patrice Talla
    This study is intended to be a systematic and practical guide to the basic features of modern forestry legislation. It identifies a range of issues that should be considered in assessing the adequacy of forest laws and presents options for addressing those issues in ways that may improve the effectiveness of law as a foundation for sustainable forest management. Part One locates forestry law within the wider legal framework, exploring its complex interrelations with other sectoral and general laws. Land issues are given special treatment because the relationship between forest access and use and land tenure is so important. Part Two explores in detail the legal treatment of core forest management issues, such as forest classification, planning, concessions, licensing, and private forest management. Part Three focuses on the role of national and sub-national institutions in the sustainable management of forest resources. As decentralization of forestry responsibilities and devolution of powers are growing, local actors are given more prominent roles in forest planning, use, and management, through such means as community-based arrangements. Part Four explores a range of environmental and trade issues. Part Five examines financial and enforcement measures, emphasizing that compliance and enforcement of forest law should be reinforced by financial and administrative sanctions. The study concludes with some reflections on how the effectiveness of forest law can be enhanced by attention to the principles that guide the process of drafting.
  • Publication
    Regulatory Frameworks for Water Resources Management : A Comparative Study
    (Washington, DC: World Bank, 2006) Salman, Salman M. A.; Bradlow, Daniel
    Water is a scarce and finite resource with no substitute, and upon which the very existence of life on earth depends. The challenges facing water resources are daunting. The Millennium Development Goals aim, inter alia, at reducing by half, by 2015, the proportion of people without sustainable access to safe drinking water and sanitation. Although progress thus far is not encouraging, it is hoped that necessary actions will be taken to achieve this goal during the remaining period. Such actions include financial, institutional, and legal measures. Indeed, without the appropriate legal framework, the ability of the state to regulate, control, and allocate its water resources is hampered; its role in ensuring their efficient and proper use is hindered; and its right to protect those resources is challenged. This study of the regulatory frameworks for water resources management examines water legislation in sixteen jurisdictions, and highlights, in a comparative manner, the key elements needed for an effective regulatory framework. Chapter 1 traces the relevance and importance assigned to water legislation by the different international conferences and forums, including the Mar del Plata, Dublin, and Rio, and the guidance provided by those conferences for preparing such legislation. Chapter 2 surveys the regulatory frameworks for water resources management in sixteen jurisdictions, based on certain key elements. Those jurisdictions were selected based on the availability and accessibility of a water law, as well as on the need to represent different regions and legal systems of the world. Chapter 3 presents a comparative analysis of these regulatory frameworks based on the same elements. The analysis examines the main similarities and differences in the approaches adopted by the jurisdictions selected. Chapter 4 highlights essential elements that need to be addressed in any regulatory framework for water resources management, and identifies emerging trends in water legislation. Finally, Chapter 5 underscores the relevance and importance of the regulatory framework, and specifies conditions supporting its utility and efficacy.
  • Publication
    Land Law Reform : Achieving Development Policy Objectives
    (Washington, DC: World Bank, 2006) Bruce, John W.; Giovarelli, Renée; Rolfes, Jr., Leonard; Bledsoe, David; Mitchell, Robert
    This book examines issues at the forefront of the debate on land law reform, pays particular attention to how reform options affect the poor and disadvantaged, and recommends strategies for alleviating poverty more effectively through land law reform. It reviews the role of the World Bank in land law reform, examining issues of process as well as substance. It also identifies key challenges and directions, and stresses the need to design law reforms in ways that suit diverse economic, legal, and institutional environments. This book is a contribution to comparative thinking on reform of the law relating to land. It examines the implications for land law reform in the broadening of development goals beyond growth to include environmental protection, poverty eradication, and achievement of gender equity, and it reviews a broad range of experience in land law reform. After the introductory chapter, chapter 2 examines how land law reform is achieved through World Bank initiatives. It reviews steps the Bank has taken to achieve comprehensive reforms of land law in the context of natural resource management and land reform programs and land administration projects. It also analyzes lessons learned from various land law reform processes. Chapter 3 addresses reform of rules affecting women's access to and rights in land. The topic is one in which broad recommendations are not necessarily easy due to cultural and other norms governing women's rights and freedoms regarding land. Chapter 4 examines how to develop land markets while minimizing adverse effects and enhancing positive impacts on the poor. Chapter 5 discusses the importance of titling and registration of land rights, reviews concepts that are supported by the Bank in many of its land projects, and describes how titling and registration can affect economic growth and the alleviation of poverty. Chapter 7 deals with issues of equity and poverty in the context of conservation and environmental protection of farms and forests. It examines the role of individual property rights, as well as the legal tools that can be used to encourage conservation. The conclusion draws together significant aspects from all the chapters that are needed for effective land law reform.
  • Publication
    The Transit Regime for Landlocked States : International Law and Development Perspectives
    (Washington, DC : World Bank, 2006) Uprety, Kishor
    This study traces the development of the international law related to the free access of landlocked States to and from the sea. Part I is a brief introduction to economic, institutional, and development-related challenges faced by landlocked States. Part II examines doctrines and theories that have influenced the evolution of the legal regime that applies to landlocked States. Part III reviews the progress the international community has achieved over the decades in devising legal mechanisms to address the problems these States face. It discusses enforcement of the right of access, in particular, the administrative, institutional, and technical mechanisms used. The study further analyzes bilateral treaties and agreements dealing with the question of transit in different continents. These agreements aimed at facilitating transit between landlocked States and their transit neighbors provide for regimes that are tailored to the specific geopolitical and socioeconomic needs of the parties. The study also discusses the different international resolutions bearing on cooperation between landlocked States and the role of multilateral institutions. Finally, Part IV concludes the study by highlighting positive achievements of the international community in working toward a regime that is satisfactory to all, and describes a multifaceted approach to solve the problems of access of landlocked States.
  • Publication
    Legal Aspects of Financial Services Regulation and the Concept of a Unified Regulator
    (Washington, DC: World Bank, 2006-01-01) Mwenda, Kenneth Kaoma
    This study addresses the legal and policy issues underpinning the development of, and the strengthening of the regulatory and institutional framework for unified financial services supervision. The study discusses developments in a number of jurisdictions, among them Australia, Canada, Estonia, Germany, Hungary, Ireland, Latvia, Malta, the Scandinavian countries, the United Kingdom, and the United States. Chapter 1 examines conceptual issues to be taken into account in designing a sound regulatory and institutional framework for financial services supervision. The chapter also provides a working definition of "regulation" and delves into the intricacies of designing the appropriate regulatory framework. Chapter 2 analyzes the concept of an independent financial services regulator, arguing that a unified regulator that is both independent and accountable would help promote the development of a sound financial sector. Chapter 3 discusses the concept of a unified regulator, examining the question of whether every country should adopt a model of unified financial services supervision. Chapter 4 provides country studies, addressing the efficacy of the framework for unified financial services supervision in Latvia, the United Kingdom, and the Scandinavian countries. Finally, Chapter 5 defines policy recommendations and possible constitutional, and legal challenges that might be encountered when a country is considering unifying its regulation of financial services.