LLM/MA Intensive Programmes

Introduction to International Economic Law, Justice and Development

LALA127S7

Module Guide2015/16

GENERAL INTRODUCTION TO THE COURSE

Welcome to Introduction to International Economic Law, Justice and Development. This is the first core module for both the LLM in International Economic Law, Justice and Development and the LLM in International Economic and Finance Law. The module aims to give an overview of the central issues affecting the relationship between international economic law, justice and development.

There is set reading for each seminar, which is divided into essential and further reading. Students are expected to have studied the essential reading for each seminar and to be prepared to discuss that material in the light of the discussion questions for each seminar.

LECTURER DETAILS

Professor Fiona Macmillan

f.macmillan@bbk.ac.uk

Room 201, 16 Gower Street

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IMPORTANT DATES

Seminars start: Wednesday 9th March 2016

Seminars end: Tuesday 15th March 2016

Coursework Submission Date: Monday 13th June 2016, 11.30am

USE OF MOODLE

Please check regularly for updates, information and materials. Where possible the lecturers will draw your attention to new materials being placed on the sites, but it is considered to be your responsibility to stay informed and check regularly. If for any good reason you are unable to use Moodle and require assistance with obtaining the materials for the course please contact a member of the Administration Team at the Main Law School Office.

Essential reading for each seminar and assessment information will be placed on Moodle.

AIMS AND LEARNING OUTCOMES

This module aims to introduce students to the critical examination of the law, institutions and practice that constitute global and local economies. The key supporting objectives are to offer a balance of:

theory and practice

geographical coverage

general and specific subject matter

movements/ideas and counter-movements/ideas.

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ASSESSMENT

The course will be assessed by a 4000 word research essay. Students may either (a) choose a question from the list of sample research essay questions that appears below, or (b) develop their own essay question in consultation with me.

Where students elect to develop their own essay question in consultation with me, the question must be finalized by 9th May 2016. By this date, students must get my approval for a question that is not on the list of sample essay questions. Essays on questions other than those set out in the list of sample research essay questions may not be marked if students have not consulted with me as required in this paragraph.

For the purpose of writing this essay, students are expected to consult a range of primary and secondary materials.

The essay must be footnoted and all sources must be properly cited. Failure to observe this obligation may result in the loss of marks. Students are reminded that the failure to acknowledge sources relied upon may amount to academic misconduct. Proven academic misconduct carries potential penalties of greater severity than the loss of marks.

A case list and bibliography must be submitted with the essay showing all sources consulted. The remarks above in relation to academic misconduct are also pertinent to the obligation in this paragraph.

The word limit for the essay is 4000 words. This word limit includes discursive footnotes, but not footnotes that only contain a citation to source. The case list and bibliography are not subject to the word limit. Where an essay exceeds the word length by more than 500 words then I retain the discretion to reduce the overall mark in proportion to the amount by which the word limit is exceeded.

Where the ability of a student to comply with the assessment requirements is compromised by illness or other adverse personal circumstance the matter should be brought to my attention or to the attention of the relevant course director as soon as the student is aware of it.

Sample Research Essay Topics

1. Critically assess the relationship between “development” and “justice”.

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2. How does the operation of the legal institutions of international economic law affect the relationship between “development” and “justice”? You may answer this question in relation to all or any of the World Bank, the International Monetary Fund, or the World Trade Organization.

3. To what extent does the implantation of Western legal regimes in developing countries favourably affect the process of development?

4. Can the so-called “fair trade project” ever realise its goals? If so, under what circumstances?

5. Does the World Trade Organization system serve the interests of developing countries?

6. “The problem with the international legal system is that it is fundamentally fragmented so that no meaningful relationship exists between the system of public international law established by the Dumbarton Oaks Agreements and the system of international economic law that was brought into existence at Bretton Woods.” Critically assess this statement with respect to the question of the relationship between development and justice.

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SUMMARY OF SEMINAR TOPICS

Wednesday Thursday Friday Monday Tuesday

09.30-11.15 Seminar 1:

Introduction

Seminar 3:

“Development” as “Justice”

Seminar 5:

Actors II: States and International Economic Institutions

Seminar 7:

Actors III: Non state actors

Seminar 9:

Actors IV: Relations between international economic institutions

Tea Break

11.45-13.30 Seminar 2:

Institutions and Actors

Seminar 4:

Actors I: Internal Governance of International Economic Institutions

Seminar 6:

Case Study I: The “doing business” project

Seminar 8:

Case Study II: The fair trade project

Seminar 10:

Now what?

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SEMINAR TOPICS AND READING GUIDES

. 1 . Introduction

Discussion

1. You will be asked to introduce yourselves and tell the rest of the class why you have chosen to do the LL M in International Economic Law Justice and Development. You should also be prepared to tell the class about a book, film or documented event that has made a significant impact on your awareness of issues relating to international economic law and development.

2. Introduction to the main themes of the course:

a. Fragmentation of the international law system;

b. function of the international economic law system in the post-colonial period;

c. the contested concept of development;

d. the central actors and institutions in international economic law and their relationship to each other;

e. the “doing business” project and the fair trade project as case studies.

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. 2 . Institutions and actors

Objectives

To identify the actors and factors that set the scene for our exploration of the law, institutions and practice that constitute global and local economies.

Essential sources

F. Macmillan (2004) ‘International Economic Law and Public International Law: Strangers in the Night’, International Trade Law and Regulation 6, pp.115-124

C Tan (2011) Governance Through Development: Poverty Reduction Strategies, International Law and the Disciplining of Third World States London: Routledge, Chapter 1

B. Rajagopal (2003) From resistance to renewal: Bretton Woods institutions and the emergence of the “new” development agenda’ in International Law From Below: Development, Social Movements, and Third World Resistance Cambridge: CUP, Chapter 5.http://ipac.lib.bbk.ac.uk/hipres/info/permalink.html?403321

Further sources

P. Collier (2007) The Bottom Billion: why the poorest countries are failing and what can be done about it OUP USA.http://ipac.lib.bbk.ac.uk/hipres/info/permalink.html?402456

P. Collier (with Russ Roberts) ‘Collier on the bottom billion’ Econtalk podcast, Library of Economics and Liberty, January 28, 2008, Online. http://www.econtalk.org/archives/2008/01/collier_on_the.html.

W. Easterly (2006) ‘Planners and Gangsters’ in The White Man’s Burden: Why the West’s efforts to aid the rest have done so much ill and so little good’ Oxford: OUP, Chapter 4.

D. Held and A. McGrew (2003) ‘Global economy?’ in Globalization/Anti-globalisation, Oxford: Polity, Chapter 4.

F. Macmillan (2010) ‘The World Trade Organization and the turbulent legacy of international economic law-making in the long twentieth century’ in J. Faundez and F. Macmillan (2012) ‘The World Trade Organization and Fitzpatrick’s “new constitutionalism” in R. Buchanan, S. Motha and S. Pahuja eds Reading Modern Law: Critical Methodologies and Sovereign Formations Oxford/New York: Routledge

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P. Malanczuk (1997) ‘Economy’ in Akehurst’s Modern Introduction to International Law London: Routledge, Chapter 15.

A Perry-Kessaris (2012) ed Socio-legal Approaches to International Economic Law: Text, context, subtext London: Routledge

C.B. Picker, I. D. Bunn and D. W. Arner eds. (2008) International economic law : the state and future of the discipline Oxford: Hart.

C. Tan eds International Economic Law, Globalization and Developing Countries Cheltenham: Edward Elgar

Discussion

1. What are the key institutions traditionally regarded as central to the study of International Economic Law and which are left out?

2. Who are the key actors traditionally regarded as central to the study of International Economic Law and who is left out?

3. What are traditionally regarded as the sources of international economic law and what are left out?

4. Why are we so attracted to international economic institutions, and why are they so unsuccessful in delivering justice and development?

‘[T]he West spent $2.3 trillion on foreign aid over the last five decades and still ha[s] not managed to get twelve-cent medicines to children to prevent half of all malaria deaths…[Yet i]n a single day…American and British economies delivered nine million copies of the sixth volume of Harry Potter children’s books to eager fans…

Let’s call the advocates of the traditional approach the Planners, while we call the agents for change in the alternative approach the Searchers. The short answer on why dying poor children don’t get twelve-cent medicines, while healthy rich children do get Harry Potter, is that twelve-cent medicines are supplied by Planners while Harry Potter is supplied by Searchers...

Planners announce good intentions but don’t motivate anyone to carry them out[,]…raise expectations but take no responsibility for meeting them [,]…determine what to supply [not what is in demand,]…lack knowledge of the bottom…[and] think [they] already know the answers…

The Planners versus Searchers divide is not equal to Left versus Right. The Big Plans show remarkable bipartisan support. The Left likes the idea of a big state-led effort to fight global poverty. The Right likes the idea of benevolent imperialism to spread Western capitalism and subdue opposition to the West…The right-wing dissident says that hope for the poor will come mainly from homegrown markets and

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democracy. The left-wing dissident doesn’t like the Western imperialists trying to remake the poor in the West’s image.’

W. Easterly (2006) The White Man’s Burden: why the West’s efforts to aid the rest have done so much ill and so little good’ Oxford: OUP, pp. 4-5 and 15-6.

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. 3 . ‘Development’ as ‘justice’?

Objectives

To explore the deeply contested, constantly evolving, notion of ‘development’, its relationship to the concept of ‘justice’, and to international economic law.

Essential sources

D. Alessandrini (2010) Developing Countries and the Multilateral Trade Regime Oxford/Portland: Hart Publishing, pp.41-55

G. Esteva (1992) ‘Development’ in W. Sachs ed. The Development Dictionary: a guide to knowledge as power London: Zed Books, pp. 6-25.

J. Faundez (2010) ‘International Economic Law and Development: Before and After Neo-Liberalism’ in J. Faundez and C. Tan eds International Economic Law, Globalization and Developing Countries Cheltenham: Edward Elgar, pp.10-33

J. Osterhammel (2002) ‘Colonialist ideology’ in Colonialism: a theoretical overview Marcus Reiner/ Ian Randle, Chapter IX, pp. 105-12.

Further sources

‘People First: the Human Development Reports’ a film explaining the origins of the Human Development Reportshttp://undp.edgeboss.net/wmedia/undp/hdro/hd/peoplefirst/stream/people_first_medium.wvx

Gateway to the UN System’s work on the Millennium Development Goalshttp://www.un.org/millenniumgoals/

L Eslava (2015) Local Space, Global Life: The Everyday Operation of International Law and Development Cambridge: CUP

C. B. Macpherson (1987) The Rise and Fall of Economic Justice and Other Essays Oxford: OUP.

A. Perry-Kessaris (2008) Global Business, Local Law: the Indian legal system as a communal resource in foreign investment relations Aldershot: Ashgate, pp. 1-6 and 9-19.

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L Pradella & T Marois (eds) (2015) Polarising Development: Alternatives to Neoliberalism and the Crisis London: Pluto

Shanin, T. (2002) ‘The idea of progress’ in L. Frank (1997) ‘The development game’ in M. Rahnema and V. Bawtree The Post-development Reader Zed Books, Chapter 6.

Discussion

1. Under what circumstances might the goals of ‘justice’ and ‘development’ become incompatible? How might the resulting tensions be resolved?

2. Consider the continuity of the colonial experience--the ‘west’ still knowing ‘best’, and law still treated as technology:

‘The notion that non-Europeans differ utterly and essentially from Europeans was a cornerstone of colonialist thought…The axiom of difference dictates that those who are dependent or immature by nature are in need of guidance…The Europeans believed that they had uncovered “chaos” onto which they had to impose order.’

‘A key to the success of the great European [colonial] proconsuls was their tendency “to depoliticise politics and reduce all human affairs to questions of proper administration” ’

‘The colonial state did not hesitate to intercede even if the mother country held to a doctrine of minimal state intervention. It exercised comprehensive control over the colonial society in matters of legislation, legal judgments, law enforcement, and numerous other areas…Even if the colonial state… did not always require the manpower of the farmers or confiscate their land, it still entangles them in the delicate net of its supervision. Where habits, traditions and loose arrangements had once sufficed, land registers, demarcations of open fields, tax assessments, property titles, and countless regulations now took over.’

J. Osterhammel (2002) Colonialism: a theoretical overview Marcus Reiner/Ian Randle pp. 60-1, 75 and 108-11.

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. 4 . Actors I: internal governance of international economic institutions

Objectives

To explore the potential impact of the rules and norms that govern the internal workings of international economic institutions upon ‘justice’ and ‘development’, using the example of the World Bank.

Essential sources

L. Frank (1997) ‘The development game’ in M. Rahnema and V. Bawtree The Post-development Reader Zed Books, Chapter 26.

D. Kapur (2002) ‘The changing anatomy of governance of the World Bank’ in J. Pincus and J. A. Winters eds. Reinventing the World Bank London: Cornell University Press, Chapter 3.

A. Santos (2006) ‘The World Bank uses of the “rule of law” promise in economic development’ in A. Santos and D. Trubek The New Law and Economic Development: A critical appraisal Cambridge: CUP, Chapter 7.

Further sources

L. Hammergren (2009) ‘With friends like these: can multilateral development banks promote institutional development to strengthen the rule of law?’ in A. Perry-Kessaris (2009) Law in Pursuit of Development: Principles into practice? London: Routledge-Cavendish, Chapter 12.

A. Perry-Kessaris (2010) ‘Enriching the World Bank’s Vision of National Legal Systems and Foreign Direct Investment’ in P. Bergling, J. Ederlof and V. Taylor eds Rule of Law Promotion: Global Perspectives, Local Applications Uppsala: Iustus Forlag

G. Sarfaty (2005) ‘The World Bank and the internalization of indigenous rights norms’ The Yale Law Journal114:7, pp 1791-1818.

C. Tan (2008) ‘Mandating Rights and Limiting Mission Creep: Holding the World Bank and the International Monetary Fund Accountable for Human Rights Violations’ Human Rights and International Legal Discourse 2, pp 79-116.

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Discussion

1. How has the internal governance of the World Bank changed over time and in response to what factors?

2. What factors have influenced the policy of the World Bank on the “developmental” role of the rule of law?

3. What reforms, if any, would you make to the internal rules of the World Bank in order to prevent the kinds of scenes described by Frank?

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. 5 . Actors II: states and international economic institutions

Objectives

To examine the interactions between international economic institutions and states, and the effects on ‘justice’ and ‘development’, using the example of the International Monetary Fund (IMF).

Essential sources

M. Chossudovsky (1993) ‘India under IMF Rule’ Economic and Political Weekly, Vol. 28, No. 10 (Mar. 6, 1993), pp. 385-7.http://ezproxy.lib.bbk.ac.uk:2048/login?url=http://www.jstor.org/stable/4399453

A. Lowenfeld (2002) ‘The International Monetary Fund as amended’ in International Economic Law Oxford: OUP, Chapter 17.

J. D. Sachs (2004) ‘How to run the International Monetary Fund’ Foreign Policy, No. 143 pp. 60-4http://ezproxy.lib.bbk.ac.uk:2048/login?url=http://www.jstor.org/stable/4152912

Further sources

W. Easterly (2006) ‘Bailing out the poor’ in The White Man’s Burden: Why the West’s efforts to aid the rest have done so much ill and so little good’ Oxford: OUP, Chapter 6.

IMF (2008) ‘Poverty Reduction Strategy Papers (PRSPs)’. Factsheet.http://www.imf.org/external/np/exr/facts/prsp.htm

IMF ‘What the IMF does’. Website.http://www.imf.org/external/work.htm

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Discussion

1. What are the core functions of the IMF and how can they be reconciled with the principle of national sovereignty?

2. How do relations between the IMF and states vary from state to state?

3. Consider Easterly’s assessment of the attempts by the World Bank to allow governments to ‘participate’ in planning their development strategies:

‘Cornell political scientist Nicolas Van de Walle describes the PRSP process as one of “ventriloquism” by the IMF and World Bank. The IMF and World Bank have allegedly given up on telling governments what to do. So, instead, they want a government to tell them what it will do in order to get a loan. Of course, the IMF will approve only acceptable actions in return for infusions of cash. So the poor country governments, instead of being told what to do, are now trying to guess what the international agencies will approve their doing. The [Poverty Reduction Strategy Paper] plans are similar to the long lists of conditions that the IMF and the World Bank impose on the poor countries. If the government doesn’t guess the right answer the first time, the IMF and World Bank prepare a “joint staff assessment” of each PRSP.’

W. Easterly (2006) The White Man’s Burden: Why the West’s efforts to aid the rest have done so much ill and so little good’ Oxford: OUP, p. 129.

‘Right now foreign aid is caught up in a nightmarish in-between world in which donors (1) take up much of the time of the government with attempts to impose “good behaviour”; (2) insist that the government freely choose to behave; and (3) sometimes bypass the government anyway to do donor projects.’

W. Easterly (2006) The White Man’s Burden: Why the West’s efforts to aid the rest have done so much ill and so little good’ Oxford: OUP, p. 137.

‘Rich-country politicians control the foreign aid agencies...Think of the rich-country politician as the principal and the aid bureaucrat as the agent. The big problem already is that the principal is the rich-country politician and to the real customers, the poor in poor countries’

W. Easterly (2006) The White Man’s Burden: Why the West’s efforts to aid the rest have done so much ill and so little good’ Oxford: OUP, p. 148.

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. 6 . Case study I: the ‘doing business’ project

Objectives

To trace the evolution of one type of international economic law, the meta-regulation of so called ‘investment climates’, from its roots in fighting terrorism in Peru to its present position as perhaps the most influential discourse in the World Bank; with a view to identifying its potential impact upon ‘justice’ and ‘development’.

Essential sources

Doing Business websitehttp://www.doingbusiness.org

H. De Soto (1989) The Other Path: The economic answer to terrorism Basic Books, pp. 131-151.

A. Perry-Kessaris (2011) ‘Prepare your indicators: economics imperialism on the shares of law and development’ International Journal of Law in Context 7:4 pp. 401-421

Further sources

J. Faundez (2009) ‘Rule of law or Washington Consensus: the evolution of the World Bank’s approach to legal and judicial reform’ in A. Perry-Kessaris (2009) Law in Pursuit of Development: Principles into practice? London: Routledge-Cavendish, Chapter 11.

A. Perry-Kessaris (2003) ‘Finding and facing facts about legal systems and foreign direct investment in South Asia’ Legal Studies 23:4 pp. 649-89.

___ (2008) ‘Recycle, reduce and reflect: information overload and knowledge deficit in the field of foreign investment and the law’ Journal of Law and Society, Special Issue on Law's Reality: Case Studies in Empirical Research on Law.

A. Perry-Kessaris (2008) Global Business, Local Law: the Indian legal system as a communal resource in foreign investment relations Aldershot: Ashgate, pp. 19-31 and Chapter 6 (Spaces for Coordination).

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Discussion

1. Why has Hernando de Soto’s work been so appealing outside of Peru? Do you imagine that it is popular in Peru itself? With whom?

2. To what extent does de Soto’s work, or developments based on it, reflect Perry-Kessaris’ account of “economics imperialism”?

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. 7 . Actors III: non-state actors

Objectives

To consider non-state actors both as international institutions, and as actors with whom traditional international economic institutions increasingly interact using the examples of the:

efforts of the World Economic Forum to monitor international progress in implementing the Millennium Development Goals;

the dialogue between the World Bank and Oxfam over health reform; and

World Social Forum as a political and legal site.

Essential sources

Oxfam (2009) Blind Optimism: challenging the myths about private health care in poor countries. Website. Read Summary Paper and Responses to the Paper. http://www.oxfam.org/policy/bp125-blind-optimism

B. de Sousa Santos (2005) ‘Beyond neoliberal governance: the World Social Forum as subaltern cosmopolitan politics and legality’ in B. de Sousa Santos and C. A. Rodriguez-Garavito eds. Law and Globalization from Below: Towards a Cosmopolitan Legality Cambridge: CUP, pp. 29-63.

World Social Forum (2001) Charter of Principleshttp://www.wsfindia.org/?q=node/3

World Economic Forum (2006) ‘Executive Summary’ and ‘Poverty and Hunger’ in Global Governance Initiative Annual Report pp. v-viii and 9 to 15.http://www.weforum.org/pdf/Initiatives/GGI_Report06.pdf

Further sources

P. J. Spiro (1996) ‘New Global Potentates: NGOs and the “Unregulated” Marketplace’ Cardozo Law Review 18, p.957

World Economic Forum (2005) ‘The World Economic Forum: Entrepreneurship in the public interest’ (Institutional brochure)http://www.weforum.org/pdf/InstitutionalBrochure2005.pdf

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World Economic Forum ‘How is the World Economic Forum governed’ in FAQshttp://www.weforum.org/en/about/FAQs/index.htm

F. F. Clairmont (2000) ‘Havana and Davos: an unfinished war’ Economic and Political Weekly, Vol. 35, No. 10 (Mar. 4-10, 2000), p. 770.

Discussion

1. What forms do non-state actors take?

2. Using the example of the World Economic Forum, consider: If, as William Easterly suggests (see above), rich country government are the principals and international economic institutions are the agents, what is the role of non-state actors? And of individual members of society?

3. Where is Oxfam located in De Sousa Santos’ taxonomy of civil society organizations?

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. 8 . Case study II: Free trade versus fair trade

Objectives

To consider the impact of the international trade regime on ‘justice’ and ‘development’ and to explore the motivations for and effects of the ‘fair’ trade movement.

Essential sources

L.T. Raynolds and M. A. Long (2007) ‘Fair/Alternative Trade: historical and empirical dimensions’, in Fair Trade: The Challenges of Transforming Globalization London: Routledge, Chapter 2.

S.A. Aaronson and J. M. Zimmerman (2006), ‘Fair Trade?: how Oxfam presented a systemic approach to poverty, development, human rights, and trade’ Human Rights Quarterly 28:4 p.998.http://ezproxy.lib.bbk.ac.uk:2048/login?url=http://muse.jhu.edu/journals/human_rights_quarterly/v028/28.4aaronson.html

K. Watkins and P. Fowler (2002) ‘Rigged rules and double standards: trade, globalisation and the fight against poverty’ Make Trade Fair Reports. Oxford: OXFAM, Executive summary ONLY.http://www.cbnrm.net/pdf/oxfam_001_tradesummary.pdf

R. Bhala, (2014) ‘Trans-Pacific Partnership or Trampling Poor Partners? A Tentative Critical Review’ Manchester Journal of International Economic Law 11 pp.2-59

Further sources

D. Arnold and L. Hartman (2006,) ‘Worker rights and low wage industrialization: how to avoid sweatshops’ Human Rights Quarterly 28.3 (2006): 676-700.http://ezproxy.lib.bbk.ac.uk:2048/login?url=http://muse.jhu.edu/journals/human_rights_quarterly/v028/28.3arnold.html

Department for International Development (UK) ‘Making trade fair for everyone, including the world’s poorest’http://www.dfid.gov.uk/Global-Issues/How-we-fight-Poverty/Trade/

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Fairness UKhttp://fairnessuk.ning.com/

Fairtrade Foundationhttp://www.fairtrade.org.uk/

G. Dunkley (2001) The Free Trade Adventure: The WTO, the Uruguay Round and Globalism – A Critique London: Zed Books

G Dunkley (2004) Free Trade: Myths, Realities and Alternatives London/New York: Zed Books

M. B. Oliviero and A .Simmons (2001) 'Who's minding the store? Global civil society and corporate responsibility’ in H. Anheier, M. Glasius, and M. Kaldor eds. Global Civil Society Oxford: OUP, Chapter 4.

B. Powell (2006), ‘In reply to sweatshop sophistries’ Human Rights Quarterly 28:4 pp.1031-42

L.T. Raynolds, D. Murray, and J. Wilkinson eds.(2007) Fair Trade: The Challenges of Transforming Globalization London:Routledge

M. Sidwell (2008), ‘Unfair trade’ London: Adam Smith Institute.http://www.adamsmith.org/images/pdf/unfair_trade.pdf

Alasdair Smith (2008), ‘A Response to the Adam Smith Report’. Online. http://www.brass.cf.ac.uk.

J. Stiglitz and A. Charlton (2005) ‘Trade can be good for development’ in J. Stiglitz and A. Charlton Fair Trade for All Oxford: OUP, Chapter 2.

T. Voon, ed (2013), Trade Liberalisation and International Co-operation: A Legal Analysis of the Trans-Pacific Partnership Agreement Cheltenham: Edward Elgar.

Discussion

1. Is there an international obligation to trade fairly? What regulatory limits apply to trade?

2. What are the advantages and disadvantages of using international trade as a vehicle for ‘justice’ and ‘development’?

3. Who benefits from the fair trade movements? And what is their impact more generally on IEL actors obligations towards ‘justice’ and ‘development’?

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. 9 . Actors IV: relations between international economic institutions

Objectives

To consider how relations between international economic organisations might impact upon ‘justice’ and ‘development’, drawing on the examples of compliance with the Paris Declaration on Aid Effectiveness (2005) by donors in Afghanistan; and on relations between the WTO and UNCTAD.

Essential sources

R. Roberts (2009) Reflections on the Paris Declaration and Aid Effectiveness in Afghanistan Kabul: Afghanistan Research and Evaluation Unit.http://www.areu.org.af/index.php?option=com_docman&Itemid=&task=doc_download&gid=640

Aid Harmonisation and Alignment: Overviewhttp://www.aidharmonization.org/ah-overview/secondary-pages/editable?key=104

The WTO and the United Nations Conference on Trade and Developmenthttp://www.wto.org/english/thewto_e/coher_e/wto_unctad_e.htm

WTO & World Bank Services Trade Database: http://www.wto.org/english/news_e/news13_e/serv_05aug13_e.htm

Further sources

P. McAuslan (2009) ‘Land and power in Afghanistan: in pursuit of law and justice?’ in A. Perry-Kessaris Law in pursuit of development: principles into practice? London: Routledge-Cavendish, Chapter 15.

African Union-European Union Partnershiphttp://africa-eu-partnership.org

OECD-ADB Anti-Corruption Initiative for Asia and the Pacifichttp://www.oecd.org/corruption/asiapacific

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Discussion

1. How does the co-operation between the WTO and UNCTAD, and between the WTO and the World Bank, compare with that between the World Bank and the IMF (see seminars 3 and 4)?

2. What are the main obstacles to aid effectiveness in Afghanistan? How can they be removed?

3. Consider the experiences of Patrick McAuslan in Afghanistan:

‘If the international community is now so aware of the importance of a just system of land administration as a major contribution to stabilizing a post-conflict society, then, given its overwhelming role in policy-making and prioritising governmental actions in Afghanistan, why has it not made more effort to push grappling with land up the Government’s agenda and why has it not put more resources into the sector? Why so many reports on the problems and so little follow-up action?... [One answer] is the sheer muddle, confusion, competition and non-co-operation that exists between and amongst agencies operating in Afghanistan. Too much of their energies are devoted to inter- and intra-bureaucratic squabbling so that the objectives which they are allegedly there to pursue get set aside or forgotten about. I have worked for two agencies - UN-Habitat and the World Bank - on three projects - urban land and municipal government for UN-Habitat and land acquisition for the World Bank. But even with that limited involvement I observed and found myself caught up with rivalries between agencies and projects’

P. McAuslan (2009) ‘Land and power in Afghanistan: in pursuit of law and justice?’ in A. Perry-Kessaris Law in pursuit of development: principles into practice? London: Routledge-Cavendish, Chapter 15.

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. 10 . Now what?

Objectives

To consider some proposals for theoretical and practical progress in the field.

Essential sources

W. Easterly (2006) ‘The future of western assistance’ in The White Man’s Burden: Why the West’s efforts to aid the rest have done so much ill and so little good’ Oxford: OUP, Chapter 11.

J. N. Pieterse (1998) ‘My paradigm or yours: alternative development, post-development, reflexive development’ Development and Change 29:343.

L Pradella & T Marois (eds) (2015) Polarising Development: Alternatives to Neoliberalism and the Crisis London: Pluto, Chapter 1

P. Collier (2007) ‘Laws and charters’ in The Bottom Billion: why the poorest countries are failing and what can be done about it Oxford: OUP, Chapter 9.http://ipac.lib.bbk.ac.uk/hipres/info/permalink.html?402456

Further sources

W. Easterly (with Russ Roberts) ‘Easterly on growth, poverty, and aid’, Econtalk podcast, Library of Economics and Liberty, February 11, 2008, Online. http://www.econtalk.org/archives/2008/02/easterly_on_gro.html

L. Padella and T. Marois eds (2014) Polarizing Development: Alternatives to Neoliberalism and the Crisis London: Pluto

C.B. Picker, I. D. Bunn and D. W. Arner eds. (2008) International economic law : the state and future of the discipline Oxford: Hart.

M. Rahnema (2002) ‘Towards Post Development: searching for signposts, a new language and new paradigms’ in M. Rahnema and V. Bawtree The Post-development Reader Zed Books, Afterword.

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K. Rittich (2006) ‘The future of law and development: secondd generation reforms and the incorporation of the social’ in A. Santos and D. Trubek The New Law and Economic Development: A critical appraisal Cambridge: CUP, Chapter 6.

Discussion

1. Where to for theory?

‘The problem is that there is no clear line of demarcation between mainstream and alternative — alternatives are co-opted and yesterday's alternatives are today's institutions. The difference between mainstream and alternative, then, is a conjunctural difference, not a difference in principle, although it tends to be presented as such. In itself, `alternative' has no more meaning than ‘new’ in advertising. We might term this the problem of the `standardization of dissent' (Nandy, 1989). As such, alternative development replicates `the value of the new', which is a pathos intrinsic to modernity (Vattimo, 1988); alternative development partakes of the momentum of modernity and the everlasting hope that the future will redeem the present.’

J. N. Pieterse (1998) ‘My paradigm or yours: alternative development, post-development, reflexive development’ Development and Change 29:343, p. 349.

2. Where to for practice?

‘I have a little boy who is six. I do not want him to grow up in a world with a vast running sore—a billion people stuck in desperate conditions alongside unprecedented prosperity. And stuck they will be. Clearly there are brave people within these societies who are struggling to achieve change. It is important to us that these people win their struggle, but the odds are currently stacked against them. We have been through the traps: conflict, natural resources, being landlocked, bad governance. They have kept these countries stagnant for forty years, and I do not see much reason for the next couple of decades to be very different. Will globalization improve the situation? We have been through what it is likely to do for the countries at the bottom. Trade is more likely to lock them into natural resource dependence than to open new opportunities, and the international mobility of capital and skilled workers is more likely to bleed them of their scanty capital and talent than to provide an engine of growth.’

P. Collier (2007) The Bottom Billion: why the poorest countries are failing and what can be done about it Oxford: OUP, p. 175-6.

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‘When you are in a hole, the top priority is to stop digging, Discard your patronizing confidence that you know how to solve other people’s problems better than they do. Don’t try to fix governments or societies. Don’t invade other countries, or send arms to one of the brutal armies in a civil war. End conditionality. Stop wasting our time with summits and frameworks. Give up on sweeping and naïve institutional reform schemes. The aim should be to make individuals better off, not to transform governments or societies…Remember, aid cannot achieve the end of poverty. Only homegrown development based on the dynamism of individuals and firms in free markets can do that.’

W. Easterly (2006) The White Man’s Burden Oxford: OUP, p. 322.

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