Transnational Law and State Transformation

Transnational Law and State Transformation PDF Author: Jennifer Lander
Publisher: Routledge
ISBN: 0429664133
Category : Business & Economics
Languages : en
Pages : 200

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Book Description
This book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets. The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia’s recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia’s mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically. The book will be of interest to scholars of international law, global governance and the political economy of development.

Transnational Law and State Transformation

Transnational Law and State Transformation PDF Author: Jennifer Lander
Publisher: Routledge
ISBN: 0429664133
Category : Business & Economics
Languages : en
Pages : 200

Get Book

Book Description
This book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets. The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia’s recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia’s mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically. The book will be of interest to scholars of international law, global governance and the political economy of development.

The Limits of Law and Development

The Limits of Law and Development PDF Author: Sam Adelman
Publisher: Routledge
ISBN: 1351403788
Category : Law
Languages : en
Pages : 235

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Book Description
The book examines the well-established field of ‘law and development’ and asks whether the concept of development and discourses on law and development have outlived their usefulness. The contributors ask whether instead of these amorphous and contested concepts we should focus upon social injustices such as patriarchy, impoverishment, human rights violations, the exploitation of indigenous peoples, and global heating? If we abandoned the idea of development, would we end up adopting another, equally problematic term to replace a concept which, for all its flaws, serves as a commonly understood shorthand? The contributors analyse the links between conventional academic approaches to law and development, neoliberal governance and activism through historical and contemporary case studies. The book will be of interest to students and scholars of development, international law, international economic law, governance and politics and international relations.

The Impact of Mining Lifecycles in Mongolia and Kyrgyzstan

The Impact of Mining Lifecycles in Mongolia and Kyrgyzstan PDF Author: Troy Sternberg
Publisher: Routledge
ISBN: 1000461092
Category : Business & Economics
Languages : en
Pages : 217

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Book Description
This volume investigates how mining affects societies and communities in Mongolia and Kyrgyzstan. As ex-Soviet states, Mongolia and Kyrgyzstan share history, culture and transitions to democracy. Most importantly, both are mineral-rich countries on China’s frontier and epi-centres of resource extraction. This volume examines challenges communities in these countries encounter on the long journey through resource exploration, extraction and mine closure. The book is organised into three related sections that travel from mine licensing and instigation to early anticipation of benefit through the realisation of social and environmental impacts to finite issues such as jobs, monitoring, dispute resolution and reclamation. Most originally, each chapter will include a final section entitled "Notes from the field" that presents the voice of in-country researchers and stakeholders. These sections will provide local contextual knowledge on the chapter’s theme by practitioners from Mongolia and Central Asia. The volume thereby offers a distinctively grounded perspective on the tensions and benefits of mining in this dynamic region. Using Mongolia and Kyrgyzstan as case studies, the volume reflects on the evolving challenges communities and societies encounter with resource extraction worldwide. The book will be of great interest to students and scholars of mining and natural resource extraction, corporate social responsibility and sustainable development.

Mongolia's Economic Prospects

Mongolia's Economic Prospects PDF Author: Matthias Helble
Publisher: Asian Development Bank
ISBN: 9292622498
Category : Business & Economics
Languages : en
Pages : 293

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Book Description
This publication examines Mongolia’s recent economic development and outlines reforms that would help the country take advantage of its many opportunities. Mongolia is rich in natural resources and, although landlocked, is well-placed to boost trade with its two giant neighbors. The country needs to diversify its economy beyond mining, enhance economic stability, and increase employment. To maximize Mongolia’s potential the government can improve macroeconomic management, enhance the skill base, and provide hard and soft infrastructure to promote trade and efficient logistics. Governance and institutional reforms are also crucial. The government will need to continue to drive reforms so that they are well implemented and deliver the intended change.

OECD Guidelines for Multinational Enterprises, 2011 Edition

OECD Guidelines for Multinational Enterprises, 2011 Edition PDF Author: OECD
Publisher: OECD Publishing
ISBN: 9264115412
Category :
Languages : en
Pages : 95

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Book Description
The OECD Guidelines for Multinational Enterprises are the world’s foremost, government-backed instrument for responsible business conduct. This 2011 edition includes new recommendations on human rights abuse and company responsibility for their supply chains.

Subjective Lives and Economic Transformations in Mongolia

Subjective Lives and Economic Transformations in Mongolia PDF Author: Rebecca M. Empson
Publisher: UCL Press
ISBN: 1787351467
Category : Social Science
Languages : en
Pages : 178

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Book Description
Almost 10 years ago the mineral-rich country of Mongolia experienced very rapid economic growth, fuelled by China’s need for coal and copper. New subjects, buildings, and businesses flourished, and future dreams were imagined and hoped for. This period of growth is, however, now over. Mongolia is instead facing high levels of public and private debt, conflicts over land and sovereignty, and a changed political climate that threatens its fragile democratic institutions. Subjective Lives and Economic Transformations in Mongolia details this complex story through the intimate lives of five women. Building on long-term friendships, which span over 20 years, Rebecca documents their personal journeys in an ever-shifting landscape. She reveals how these women use experiences of living a ‘life in the gap’ to survive the hard reality between desired outcomes and their actual daily lives. In doing so, she offers a completely different picture from that presented by economists and statisticians of what it is like to live in this fluctuating extractive economy.

World on Fire

World on Fire PDF Author: Amy Chua
Publisher: Anchor
ISBN: 1400076374
Category : Political Science
Languages : en
Pages : 370

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Book Description
The reigning consensus holds that the combination of free markets and democracy would transform the third world and sweep away the ethnic hatred and religious zealotry associated with underdevelopment. In this revelatory investigation of the true impact of globalization, Yale Law School professor Amy Chua explains why many developing countries are in fact consumed by ethnic violence after adopting free market democracy. Chua shows how in non-Western countries around the globe, free markets have concentrated starkly disproportionate wealth in the hands of a resented ethnic minority. These “market-dominant minorities” – Chinese in Southeast Asia, Croatians in the former Yugoslavia, whites in Latin America and South Africa, Indians in East Africa, Lebanese in West Africa, Jews in post-communist Russia – become objects of violent hatred. At the same time, democracy empowers the impoverished majority, unleashing ethnic demagoguery, confiscation, and sometimes genocidal revenge. She also argues that the United States has become the world’s most visible market-dominant minority, a fact that helps explain the rising tide of anti-Americanism around the world. Chua is a friend of globalization, but she urges us to find ways to spread its benefits and curb its most destructive aspects.

Challenges, Policy Options, and the Way Forward

Challenges, Policy Options, and the Way Forward PDF Author: United Nations Conference on Trade and Development (UNCTAD)
Publisher: United Nations
ISBN: 9210049454
Category : Political Science
Languages : en
Pages : 110

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Book Description
The study examines the trade and development challenges facing Asian Landlocked Developing Countries and their prospects for export diversification. It offers recommendations based on the case studies of the selected countries. The report argues that, despite complex trade and development challenges, the countries studied have significant potential to diversify their economies into the production and export of higher-value-added products in several sectors. These include agriculture (including agro-processing), light manufacturing (such as textiles, leather, and leather products), information and communications technology, tourism, and the construction sectors. Using the product-space approach, the report also identifies specific products that hold potential for export expansion and diversification in each country. For instance, agriculture and, to a lesser extent, manufacturing, are promising sectors for diversification, including niche products such as mandarin oranges (Bhutan), cashmere (Mongolia), silk (Turkmenistan), and cereal (Kazakhstan). The rich cultural heritage and varied geography of these countries are also conducive to tourism. In addition, there can be synergies between tourism and improvements in the quality of some local food and manufacturing products. However, a number of improvements in micro- and macro-economic policies and institutions are necessary to realize this potential.

World Development Report 2017

World Development Report 2017 PDF Author: World Bank Group
Publisher: World Bank Publications
ISBN: 1464809518
Category : Business & Economics
Languages : en
Pages : 304

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Book Description
Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.

Multinational Corporations and Global Justice

Multinational Corporations and Global Justice PDF Author: Florian Wettstein
Publisher: Stanford University Press
ISBN: 0804772606
Category : Business & Economics
Languages : en
Pages : 424

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Book Description
Multinational Corporations and Global Justice: Human Rights Obligations of a Quasi-Governmental Institution addresses the changing role and responsibilities of large multinational companies in the global political economy. This cross- and inter-disciplinary work makes innovative connections between current debates and streams of thought, bringing together global justice, human rights, and corporate responsibility. Conceiving of corporate social responsibility (CSR) from this unique perspective, author Florian Wettstein takes readers well beyond the limitations of conventional notions, which tend to focus on either beneficence or pure charity. While the call for multinationals' involvement in the solution of global problems has become stronger in recent times, few specifics have been laid down regarding how to hold those institutions accountable in the global arena. This text attempts to work out the normative basis underlying the responsibilities of multinational corporations—thereby filling a crucial void in the literature and marking a milestone in the CSR debate.