Law and development : Bridge week

2005·0.28 MB·English

LAW AND DEVELOPMENT
BRIDGE WEEK
Organizing Committee:
Dean Ronald Daniels
Professor Michael Trebilcock
February 2005
Faculty of Law
* diversity of Toronto
These materials are intended for the sole educational use of students at the
University of Toronto’s Faculty of Law
FEB - 8 2005
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LAW AND DEVELOPMENT
BRIDGE WEEK
Organizing Committee:
Dean Ronald Daniels
Professor Michael Trebilcock
February 2005
Faculty of Law
University of Toronto
These materials are intended for the sole educational use of students at the
University of Toronto’s Faculty of Law
I
Digitized by the Internet Archive
in 2018 with funding from
University of Toronto
https://archive.org/details/lawdevelopmentbrOOunse
TABLE OF CONTENTS
Law and Development Bridge Week
February 7-11, 2005
Ronald Daniels and Michael Trebilcock
February 7
TAB 1: The Challenges Confronting the Developing World, the Rule of Law, and the
Role for Law and Legal Institutions in Promoting Development
Davis, Kevin and Trebilcock, Michael, “The Recent Intellectual History of Law and
Development”, (chapter of draft manuscript, January 18, 2005)
Davis, Kevin and Trebilcock, Michael, “Law and Conceptions of Development”, (chapter
of draft manuscript, January 18, 2005)
Shklar, Judith, “Political Theory and the Rule of Law”, in Hutchinson, Allan and
Monahan, Patrick, eds., The Rule of Law: Ideal or Ideology (Toronto: Carswell,
1987), pp. 1-16
Todaro, Michael and Smith, Stephen, Economic Development (Boston: Addison Wesley,
8th Edition), pp. 33-75
Trebilcock, Michael, “What Makes Poor Countries Poor?: The Role of Institutional
Capital in Economic Development”, in Buscaglia, E. et al. eds. The Law and
Economics of Development (Connecticut: JAI Press, 1997), pp. 15-52
February 8
TAB 2: First Application: Formal Constitution Building in Developing and Transitional
Societies
Elazar, Daniel, “Constitution-making: The Pre-eminently Political Act”, in Bainting,
Keith and Simeon, Richard, eds., Redesigning the State: The Politics of
Constitutional Change (Toronto: University of Toronto Press, 1985), pp. 232-248
Heath, Joseph, “Why have a constitution at all?”, 42 Options Politiques (October 2003)
Nussbaum, Martha “In Defense of Universal Values” in Women and Human
Development: The Capabilities Approach, (Cambridge: Cambridge University
Press, 2000), pp. 34-110
Kothari, Rajni, “Human Rights - A Movement in Search of a Theory”, in Kothari,
Smitu and Sethi, Harsh, eds., Rethinking Human Rights: Challenges for Theory
and Action, (New York: New Horizons Press, 1989), pp. 19-29
Simeon, Richard, et al., “Constitutional Design, Executive Summary”, (prepared for
heads of state and government conference, Madrid, October 26 and 27, 2001), at
http://www.clubmadrid.org/cmadridyphprint.php
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TAB 3: Second Application: Judicial Reform: Creating Accountable and Independent
Judges
Daniels, Ronald and Trebilcock, Michael, “The Political Economy of Rule of Law
Reform in Developing Countries”, Michigan Journal of International Law
(forthcoming, 2005)
February 9
TAB 4: Third Application: Women, the Rule of Law and Development
Rethinking Human Rights: Challenges for Theory and Action
Kothari, Smitu and Sethi, Harsh, “Introduction: On Categories and Interventions”, in
Kothari, Smitu and Sethi, Harsh, eds., Rethinking Human Rights: Challenges for
Theory and Action, (New York: New Horizons Press, 1989), pp. 19-29
Nyamu, Celestine, “How Should Human Rights and Development Respond to Cultural
Legitimization of Gender Hierarchy in Developing Countries?”, 41 Harvard
International Law Journal 381 (2000)
Nussbaum, Martha “Introduction: Feminism and International Development” in Women
and Human Development: The Capabilities Approach, (Cambridge: Cambridge
University Press, 2000), pp. 1-33
TAB 5: Fourth Application: Africa, HIV and the Rule of Law
Cameron, Edwin J., “The Deafening Silence of AIDS”, 5 Canadian HIV/AIDS Policy &
Law Review (2000)
United Nations, “HIV/AIDS and Human Rights: International Guidelines, Revised
Guideline 6”, (New York and Geneva: United Nations, 2003)
Yamin, Alicia Ely, “Not Just a Tragedy: Access to Medications as a Right under
International Law”, 21 Boston University International law Journal 101
(2003)(excerpts)
February 10
TAB 6:
Building the Rule of Law: A Comparative Perspective
Daniels, Ronald and Trebilcock, Michael, “The Political Economy of Rule of Law
Reform in Developing Countries”, Michigan Journal of International Law
(forthcoming, 2005)
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TAB 7:
Canada, the Third World and the Rule of Law
Daniels, Ronald, “Defecting on Development: Bilateral Investment Treaties and the
Subversion of the Rule of Law in the Developing World”, (draft, November 19,
2004)
Helleiner, Gerry, “Markets, Politics and Globalization: Can the Global Economy be
Civilized?”, 2 Journal of Human Development (2001)
Gagnon, Georgette et. al, “Deconstructing Engagement: Corporate Self-Regulation in
Conflict Zones - Implications for Human Rights and Canadian Public Policy”,
Relationships in Transition, January 2003
Goldfarb, Danielle, “Who Gets CIDA Grants: Recipient Corruption and the Effectiveness
of Development Aid”, Backgrounder (C.D. Howe Institute, November 29, 2001),
pp. 14-78
United Nations Economic and Social Council, “Economic, Social and Cultural Rights”
(policy adopted August 13, 2003)
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