INTERNATIONAL DEVELOPMENT LAW AND POLICY SYLLABUS
Spring 2008
Associate Professor Maxine Burkett
Office: Room 469
Telephone: 303.492.3720
Email:
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 carry-over 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
- 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
B.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
7.The Global Ideological, Legal And Institutional Framework For Neo-Liberalism And The WashingtonConsensus
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
B.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. 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
B. 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:Meier: Chapter 1, pp. 3-14
2.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
- 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.The Demise of Import Substitution Industrialization
5.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. (CambridgeUniversity Press, 2006) pp. 19-73
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 rent-seeking 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)
RecommendedDM: Meier Leading issues in economic development (2000)(6thEdition), 453-511 (trade and development)
9.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.Disappointments And The Emergence Of Critique: A Consensus Chastened
10.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) 273-284
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
KerryRittich, “Second Generation Reforms and the Incorporation of the Social” inDavid Trubek and Alvaro Santos, The New Law and Economic Development (CambridgeUniversity Press, 2006) pp. 203-252
Recommended: DM:Tina Rosenberg, “The Free Trade Fix” New York Times, August 18, 2002 magazine section, page 28.
12.“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 “MarketState and Social Opportunity” pp. 111-145.
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 163-182 (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 (CambridgeUniversity Press, 2006) pp 1-18
David Kennedy, “The ‘Rule of Law,’ Political Choices, and Development Common Sense” in, The New Law and Economic Development, (CambridgeUniversity Press, 2006) pp. 95-173.