Download international development law and policy syllabus

INTERNATIONAL DEVELOPMENT LAW AND POLICY SYLLABUS
Spring 2008
Associate Professor Maxine Burkett
Office: Room 469
Telephone: 303.492.3720
Email: [email protected]
Office Hours: TBA
Readings: Required readings marked “DM” are in the distributed materials available at
the Faculty Assistant’s office, except when they come from one of the following texts:
James Cypher and James Dietz, The Process of Economic Development, 2nd
Edition (Routledge, 2004).
Gerald M. Meier, Biography of a Subject: An Evolution of Development
Economics (Oxford Press: 2005).
David Trubek and Alvaro Santos, The New Law and Economic Development
(Cambridge University Press, forthcoming, October 2006).
Raphael Kaplinsky, Globalization, Poverty and Inequality (Polity Press 2005).
Seminar Requirements & Grading: The final grade will be based upon a final paper
(70%), one seminar short-piece (20%), class participation and attendance (10%).
Short-Pieces & Discussion Leadership: Each week one student will prepare a
short 5-7 page paper identifying a contemporary issue that engages the subject matter of
the class session. That student will also be the “discussion leader,” responsible for
integrating the issue identified into the discussion of the assigned materials. The paper
will be handed in to me by noon on the prior Tuesday and distributed to the class on
Wednesday morning.
Final paper: This 20-30 page paper will be on a topic of your choosing related to
law and development. I must approve all topics. I will carefully review drafts and each
student will schedule individual meetings with me to discuss the draft. After discussion
of each paper and a thorough edit, students will submit a final version at the conclusion
of the semester.
Class participation and attendance: I will add points to the final paper of those
who participate consistently and thoughtfully in class discussion.
Seminar Content: This seminar will deal with past and present debates over the role of
the legal order in economic development. We will explore the relationships among legal
ideas, development policies, and the pursuit of broader social and environmental
objectives at the national and international level in successive historical periods.
Following an introduction and overview of the institutions and rules governing
international economic relations, the seminar will focus on legal and theoretical conflicts
that have arisen as the rules promoting economic liberalization have collided with efforts
aimed at protecting the environment, alleviating hunger and disease, and creating
employment. Questions to be considered include the following: What are the important
legal issues surrounding foreign trade, international finance and direct foreign
investment? How do legal structures assist or impede growth and improved standards of
living for broader population groups? Students will learn some basic economic concepts
but are not expected to have any prior economic training.
Assignments: Below is the schedule of topics and assignments we will cover during the
semester. Unless told otherwise, please be prepared to discuss the next assignment for
the next class. Please realize, however, that there will be several occasions on which we
spend more than one day on a single assignment. And there will be some partial carryover as well. Any supplementary materials will be made available in hard copy and/or on
TWEN. (If for some reason you are unable to access TWEN, please email me).
SEMESTER OUTLINE
Part I: Introduction: What is “Development?”
1.
MEASURING NATIONAL ECONOMIC DEVELOPMENT
2.
THE WORLD HISTORY OF DEVELOPMENT AS SOCIAL
TRANSFORMATION, “COLONIALISM” AND THE “WORLD SYSTEM”
Part II: Economic Theories and National Development Policies 1950-1980: The Rise and
Fall of Import Substitution Industrialization
A.
B.
Economic Theories of Development After 1945
3.
NEO CLASSICAL AND KEYNESIAN THEORIES OF DEVELOPMENT
4.
HETERODOX ECONOMIC THEORIES OF DEVELOPMENT: THE LEFT,
WORLD SYSTEMS, DEPENDENCY AND SELF RELIANCE
The Demise of Import Substitution Industrialization
5.
THE LEGAL ELEMENT IN IMPORT SUBSTITUTION
INDUSTRIALIZATION
6.
DISAPPOINTMENTS, PROBLEMS OF IMPLEMENTATION, UNINTENDED
CONSEQUENCES AND THE RISE OF CRITIQUE: PUBLIC CHOICE AND
RENT-SEEKING ANALYTICS
PART III: ECONOMIC THEORIES AND DEVELOPMENT: 1980-2000: THE RISE AND THE
CHASTENING OF THE WASHINGTON CONSENSUS
A. Neo-Liberalism: The Context and the Policy Program
B.
7.
THE GLOBAL IDEOLOGICAL, LEGAL AND INSTITUTIONAL
FRAMEWORK FOR NEO-LIBERALISM AND THE WASHINGTON
CONSENSUS
8.
THE NATIONAL POLICY PROGRAM: EFFICIENCY, GETTING PRICES
RIGHT AND INTEGRATION INTO THE WORLD ECONOMY
9.
THE LEGAL ELEMENT IN NATIONAL NEOLIBERAL POLICY MAKING:
FORMALIZATION, STANDARDIZATION, PRIVATIZATION AND
TRANSPARENCY
Disappointments And The Emergence Of Critique: A Consensus
Chastened
10.
SECOND THOUGHTS ABOUT MARKET SHOCK AND STRUCTURAL
ADJUSTMENT: THE EMERGENCE OF CRITIQUE
PART IV: IDEAS ABOUT DEVELOPMENT AND GLOBAL POVERTY AFTER 1990.
A.
B.
National Policy
11.
THE “NEW DEVELOPMENT ECONOMICS:” MARKET FAILURES, PATH
DEPENDENCE AND INSTITUTIONS
12.
“SOCIAL DEVELOPMENT,” HUMAN RIGHTS AND DEMOCRACY AS
STRATEGIES OF DEVELOPMENT
13.
THE LEGAL ELEMENT IN THE NEW PROGRAM
&
Global Perspectives
POVERTY IN THE GLOBAL ECONOMY: THE STRATEGIES OF LOCAL
ENTREPRENEURS, MANAGERS AND POLICY MAKERS
14.
WHAT HAPPENED TO TRADE AND AID?
15.
LOCAL OR NATIONAL ALTERNATIVES TO THE LEFT OF STIGLITZ
AND SEN?
&
PUTTING THE STORY TOGETHER
Part I: Introduction: What is “Development?”
1.
MEASURING NATIONAL ECONOMIC DEVELOPMENT
Required:
CYPHER AND DIETZ , Chapter 2 “Measuring Economic
Growth and Development,”, pp. 28-65.
DM: DAVID KENNEDY, “What is ‘Development?’ Issues
that Have Divided the Profession”
Recommended:
2.
MEIER: Chapter 1, pp. 3-14
THE WORLD HISTORY OF DEVELOPMENT AS SOCIAL TRANSFORMATION,
“COLONIALISM” AND THE “WORLD SYSTEM”
Required:
CYPHER AND DIETZ, Chapter 3 “Development in Historical
Perspective” pp. 66-99
DM: KARL POLANYI, “Satanic Mill” in The Great
Transformation (1944) (Chapter 4, 5, and 6, pp. 43-76;
“Societies and Economic Systems,” “Evolution of the
Market Pattern” and “The Self-Regulating Market”)
DM: ERIC WOLFF, Europe and the Peoples Without
History, (1982) Chapter 11, pp. 310-53, “The Movement of
Commodities”
DM: J. S. FURNIVAL, Progress and Welfare in Southeast
Asia: A Comparison of Colonial Policy and Practice (1941)
(contents and pp. 3-84)
DM: VICTOR BULMER-THOMAS, The Economic History of
Latin America Since Independence (Cambridge Press,
2003) Chapter 5, “Export-led Growth and the Nonexport
Economy” 117-151.
Part II: Economic Theories and National Development Policies 1950-1980: The Rise
and Fall of Import Substitution Industrialization
B. Economic Theories of Development After 1945
3.
NEO CLASSICAL AND KEYNESIAN THEORIES OF DEVELOPMENT
Required:
CYPHER AND DIETZ, Chapter 4 “Classical and Neoclassical
Theories” and Chapter 5, “Developmentalist Theories of
Economic Development” pp. 103-157
DM: DAVID KENNEDY, “Modest Interventionism: Key
People and Key Concepts”
DM: ALBERT HIRSCHMAN, “Preliminary Explanations” in
The Strategy of Economic Development (1958), pp. 1-28.
DM: MEIER, Leading Issues in Economic Development
(2000) pp. 297-299 (Lewis on “Economic Development
with Unlimited Supplies of Labor”)
4.
HETERODOX ECONOMIC THEORIES OF DEVELOPMENT: THE LEFT, WORLD
SYSTEMS, DEPENDENCY AND SELF RELIANCE
Required:
CYPHER AND DIETZ, Chapter 6 “Heterodox Theories of
Economic Development,” pp. 158-188
DM: GUNNAR MYRDAL, “The Drift Toward Regional
Economic Inequalities in a Country,” in Economic Theory
and Underdeveloped Regions (1957) pp. 23-38
DM: HARRY PEARSON, “The Economy Has No Surplus: A
Critique of a Theory of Development” in Trade and Market
in the Early Empires: Economies in History and Theory
(1957) pp. 320-341
DM: ARTURO ESCOBAR, “Economics and the Space of
Development: Tales of Growth and Capital” in
Encountering Development: The Making and Unmaking of
the Third World (1995) pp. 55-101.
B.
5.
The Demise of Import Substitution Industrialization
THE LEGAL ELEMENT IN IMPORT SUBSTITUTION INDUSTRIALIZATION
Required:
DUNCAN KENNEDY, “Three Globalizations of Law and
Legal Thought 1850-2000,” in The New Law and
Economic Development, DAVID TRUBEK and ALVARO
SANTOS, eds. (Cambridge University Press, 2006) pp. 1973
DM: DAVID TRUBEK AND MARK GALANTER, “Scholars In
Self-Estrangement: Some Reflections on the Crisis in Law
and Development Studies in the United States” 4 Wisc.
Law Rev. 1062 (1974)
6.
DISAPPOINTMENTS, PROBLEMS OF IMPLEMENTATION, UNINTENDED
CONSEQUENCES AND THE RISE OF CRITIQUE: PUBLIC CHOICE AND RENTSEEKING ANALYTICS
Required:
MEIER: Chapter 6, pp. 81-94
DM: ANNE KRUEGER, Political Economy of Policy Reform
in Developing Countries (1993), Chapter 2 “Economic
Policies in Developing Countries” pp 11- 35, & Chapter 4
“Models of Government” pp. 53-73
DM: DEEPAK LAL, “The Dirigiste Dogma,” 5-16, in The
Poverty of Development Economics (1985)
DM: KARL POLANYI, “Satanic Mill” in The Great
Transformation (1944) (Chapter 7 “Speenhamland 1795”
pp 77-85, Chapter 8 “Antecedents and Consequences” pp
86-102, Chapter 9 “Pauperism and Utopia” pp 103-110 &
Chapter 10 “Political Economy and the Discovery of
Society” pp 111-129.
Part III: Economic Theories and Development: 1980-2000: The Rise and the
Chastening of the Washington Consensus
A. Neo-Liberalism: The Context and the Policy Program
7.
THE GLOBAL IDEOLOGICAL, LEGAL, AND INSTITUTIONAL FRAMEWORK FOR
NEO-LIBERALISM AND THE WASHINGTON CONSENSUS
Required:
DM: WILHELM RÖPKE, Economic Order and International
Law, 86 Recueil des Cours 203-71 (1954) (excerpts)
DM: ANTONY ANGHIE, Imperialism, Sovereignty, and the
Making of International Law (Cambridge Press, 2005),
Chapter 2, “Finding the Peripheries: Colonialism in
Nineteenth Century Law” pp. 32-114.
DM: DAVID KENNEDY, “Turning to Market Democracy: A
Tale of Two Architectures” 32 Harvard International Law
Journal 373 (1991)
CYPHER AND DIETZ, Chapter 17, “International Institutional
Linkages: The IMF, the World Bank and Foreign Aid” pp.
496-532
8.
THE NATIONAL POLICY PROGRAM: EFFICIENCY, GETTING PRICES RIGHT AND
INTEGRATION INTO THE WORLD ECONOMY
Required:
CYPHER AND DIETZ, Chapter 7, “The State as a Potential
Agent of Transformation: From Neo-liberalism to
Embedded Autonomy” pp 191-222
DM: TOM HEWITT, HAZEL JOHNSON AND DAVE WELD,
“Neo Liberal Theory” Industrialization and Development
(1992)
Recommended
9.
DM: MEIER LEADING ISSUES IN ECONOMIC DEVELOPMENT
(2000)(6TH Edition), 453-511 (trade and development)
THE LEGAL ELEMENT IN NATIONAL NEOLIBERAL POLICY MAKING:
FORMALIZATION, STANDARDIZATION, PRIVATIZATION AND TRANSPARENCY
Required:
DM: HERNANDO DE SOTO, The Mystery of Capital: Why
Capitalism Triumphs in the West and Fails Everywhere
Else, (London, Bantam Books, 2000) Chapters 3 “The
Missing Lessons of US History” and Chapter 6, “The
Mystery of Legal Failure”
ALVARO SANTOS, “World Bank’s Uses of the ‘Rule of
Law’ Promise in Economic Development” in The New
Law and Economic Development, (Cambridge University
Press, 2006), pp. 253-300
B.
10.
Disappointments And The Emergence Of Critique: A Consensus
Chastened
SECOND THOUGHTS ABOUT MARKET SHOCK AND STRUCTURAL ADJUSTMENT:
THE EMERGENCE OF CRITIQUE
Required:
DM: JOSEPH STIGLITZ, “Whither Reform? Ten Years of
Transition” (World Bank Annual Bank Conference on
Development Economics: Keynote Address, April 28-30,
1999) (Stiglitz was Chief Economist for the Bank in the
late 1990s)
DM: KERRY RITTICH, Recharacterizing Restructuring –
Law, Distribution and Gender in Market Reform (Kluwer
Law International, 2002), Chapter 5 “Recharacterizing
Restructuring” pp. 153-169 and Chapter 6 “The Gender of
Restructuring” pp. 173-234.
DM: CARLOS HEREDIA AND MARY PURCELL, “Structural
Adjustment and the Polarization of Mexican Society” in
Mander and Goldsmith, eds. The Case Against the Global
Economy and For a Turn Toward the Local (1996) 273284
DM: WALDEN BELLO, “Structural Adjustment Programs:
Success for Whom?” in Mander and Goldsmith, eds. The
Case Against the Global Economy and For a Turn Toward
the Local (1996) 285-293
Recommended:
DM: LINDA LIM, “Women’s Work in Export Factories: The
Politics of a Cause,” in Persistent Inequalities, Irene Tinker,
ed. (1990) pp 101-119
DM: RUTH PEARSON, “Nimble Fingers Revisited:
Reflections on Women and Third World Industrialization
in the late Twentieth Century,” in Feminist Visions of
Development, Gender Analysis and Policy, edited by
Cecile Jackson and Ruth Pearson, (1998) pp 171-186
Part IV: Ideas About Development and Global Poverty after 1990.
A. National Policy
11.
THE “NEW DEVELOPMENT ECONOMICS:” MARKET FAILURES, PATH
DEPENDENCE AND INSTITUTIONS
Required:
MEIER: Chapter 8, “The New Development Economics”
pp 118-128
DM: DANI RODRIK, “Rethinking Growth Policies in the
Developing World” (MANUSCRIPT 2004)
DM: JOSEPH STIGLITZ, “THE POST WASHINGTON
CONSENSUS CONSENSUS” 2004
KERRY RITTICH, “Second Generation Reforms and the
Incorporation of the Social” in DAVID TRUBEK and
ALVARO SANTOS, The New Law and Economic
Development (Cambridge University Press, 2006) pp.
203-252
Recommended:
12.
DM: TINA ROSENBERG, “The Free Trade Fix” New York
Times, August 18, 2002 magazine section, page 28.
“SOCIAL DEVELOPMENT,” HUMAN RIGHTS AND DEMOCRACY AS STRATEGIES
OF DEVELOPMENT
Required:
CYPHER AND DIETZ, Chapter 12, “Population, Education
and Human Capital” pp. 351-376 and pp. 522-587 (foreign
aid)
DM: AMARTYA SEN, Development as Freedom (1999),
Chapter 1 “The Perspective of Freedom” pp. 13-34 &
Chapter 5 “Market State and Social Opportunity” pp. 111145.
MEIER, Chapter 9, “Culture, Social Capital, Institutions”
pp. 129 – 143
DM: JOSEPH STIGLITZ, “Participation and Development:
Perspectives from The Comprehensive Development
Paradigm,” 6:2 Review of Development Economics 163182 (2002) (“investigating the relationship between
economic and social development”)
DM: The Arab Human Development Report 2002, Creating
Opportunities for Future Generations, (Sponsored by the
Regional Bureau for Arab States, UNDP) Chapter 1
“Human Development: Definition, Concept and Larger
Context” pp.15-23, Chapter 2 “The State of Human
Development in the Arab Region” pp 25-33, Chapter 6
“Using Human Capabilities: Recapturing Economic
Growth and Reducing Human Poverty” pp 85-103 &
Chapter 7 “Liberating Human Capabilities: Governance,
Human Development and the Arab World” pp 105-120.
13.
THE LEGAL ELEMENT IN THE NEW PROGRAM
Required:
DM: DAVID KENNEDY, “Laws and Developments” in Law
and Development: Facing Complexity in the 21st Century,
(Cavendish Publishing, 2003) pp. 17-26.
DM: KARL POLANYI, “Satanic Mill” in The Great
Transformation (1944) Chapter 3 “Habitation versus
Improvement”, pages 33-42.
B. Global Perspectives
POVERTY IN THE GLOBAL ECONOMY: THE STRATEGIES OF LOCAL
ENTREPRENEURS, MANAGERS AND POLICY MAKERS
Required:
RAPHAEL KAPLINSKY, Globalization, Poverty and
Inequality (Polity Press 2005) Chapter 3, pp.53-85 and
Chapter 4, pp. 86-121
MEIER: Chapter 10, “The Impact of Globalization” pp.
144-160
14.
WHAT HAPPENED TO TRADE AND AID?
Required:
DM: NANCY BIRDSALL, DANI RODRIK, AND ARVIND
SUBRAMANIAN, “How to Help Poor Countries” 84 Foreign
Affairs 4, 136-152 (2005)
MEIER, Chapter 11, “Global Trade Issues” pp. 161-179
DM: JOSEPH STIGLITZ AND ANDREW CHARLTON, Fair
Trade for All: How Trade Can Promote Development
(Oxford Press, 2005) Chappter 7 “Priorities for a
Development Round” pp. 107 – 114.
DM: DANI RODRIK, “How to Make the Trade Regime
Work for Development” Manuscript, February 2004
RAPHAEL KAPLINSKY, Globalization, Poverty and
Inequality (Polity Press 2005).Chapter 6, “How Does It All
Add Up? Caught Between a Rock and a Hard Place” pp.
163-195
DM: JOSEPH STIGLITZ, Globalization and its Discontents,
(2002), Chapter 9, “The Way Ahead,” pp 214-252
DM: JOSEPH STIGLITZ, “Dealing with Debt: How to
Reform the Global Financial System” 25 Harvard
International Review 54 (2003)
15.
LOCAL OR NATIONAL ALTERNATIVES TO THE LEFT OF STIGLITZ AND SEN?
Required:
RAPHAEL KAPLINSKY, Globalization, Poverty and
Inequality (Polity Press 2005) pages 239-257
DM: ROBERTO UNGER, What Should The Left Propose?
(2005) pp. 64 – 82 (“The Developing Countries: Growth
with Inclusion”) and pp. 133-148 (“Globalization and What
To Do About It”)
DM: ARTURO ESCOBAR, Chapter 6 “Conclusion: Imagining
a Post Development Era” in Encountering Development:
The Making and Unmaking of the Third World, 212-226
DM: GUSTAVO ESTEVA, “Regenerating People’s Space”
1987 Alternatives XII, 125-152
PUTTING THE STORY TOGETHER
Required:
ALVARO SANTOS AND DAVID TRUBEK, “An Introduction:
The Third Moment in Law and Development Theory and
the Emergence of a New Critical Practice ” in The New
Law and Economic Development (Cambridge University
Press, 2006) pp 1-18
DAVID KENNEDY, “The ‘Rule of Law,’ Political Choices,
and Development Common Sense” in, The New Law and
Economic Development, (Cambridge University Press,
2006) pp. 95-173.