Category Archives: Law and Development
Jacob and Orset, ‘Innovation, information, lobby and tort law under uncertainty’
ABSTRACT Recent environmental policies favour the ’pollutant-payer’ Principle. This principle points out the pollutant financial liability for potential incidents induced by its activities. Investing in technological innovations generates uncertainty on the future returns, as well as on the damages that such innovations could involve and on the cost to reimburse in the event that of […]
Cai, Murtazashvili and Murtazashvili, ‘The Politics of Land Property Rights’
ABSTRACT Legal reforms that improve the security of private property rights to land have characteristics of a public good with dispersed benefits. However, nothing ensures that the state will provide property protection as a public good. Some states provide property protection selectively to powerful groups. Others are unable to provide property protection. In this paper, […]
Dari‐Mattiacci and Fabbri, ‘The Virtuous Cycle of Property’
ABSTRACT We show that formalizing private property rights has a positive effect on the propensity to respect the property of others, a social preference with important implications for growth and economic development. Our identification strategy is based on a unique feature of a recent large-scale land-tenure reform in West Africa, which was the first of […]
Christopher Rodgers, ‘Towards a Taxonomy for Public and Common Property’
ABSTRACT This article argues that public property rights should be recognised as a separate category of property interest, different and distinct from private and common property interests and conferring distinctive rights and obligations on both ‘owners’ and members of the public. It develops a taxonomy to differentiate private, public and common property rights. The article […]
Thomas Papadopoulos, ‘Building the Legal Framework of Privatizations in Cyprus: The Missing Link with Sustainable Development’
Abstract This article presents and scrutinizes the Privatizations Law of the Republic of Cyprus, in the context of sustainable development. Cyprus was another victim of the Eurozone crisis. A bailout agreement was reached between Cyprus and its creditors. This bailout agreement was accompanied by a Memorandum of Understanding (MoU) on specific Economic Policy Conditionality requiring […]
Jean-François Gaudreault-DesBiens, ‘On the Relative Pertinence of the Civil Law/Common Law Dichotomy When Reflecting on the Relationship between Comparative Law, Development Law and Living Law. Some Observations in the African Context’
Abstract: This article examines the pertinence of resorting to the civil law/common law dichotomy in the context of the use of legal comparison to evaluate the relative ‘performance’ of states in the development field. It accordingly looks into the growing importance of neo-institutionalist analysis in law and development economics, in order to conclude that if […]
Deepa Badrinarayana, ‘The Jewel in the Crown: Can India’s Strict Liability Doctrine Deepen Our Understanding of Tort Law Theory?’
Abstract: The evolution of tort law in former British colonies is not only fascinating; it also holds clues into the age old question of whether law or any discrete area of law can be universal. The exploration into doctrinal divergences and convergences is part of a larger quest: to capture the theoretical underpinnings of tort […]
Banerjee, Bose and Rath, ‘Explaining the Effect of Financial Development on the Quality of Property Rights’
Abstract: Recent empirical evidence suggests that financial development can catalyze property rights reforms, and for such effect to materialize financial development must cross a threshold. This paper offers a theory of financial markets to explain both stylized facts defining the relationship. The explanation is based on a simple trade-off between the costs and the benefits […]
‘Planning law is not property: Sea level change in Queensland’
“Queensland’s Infrastructure Minister, Jeff Seeney, has ordered a local government authority to remove from its regional plan any references to climate change induced sea level rise. The stated objective of this directive is ‘to ensure residents’ rights to build and develop their properties were maintained and not restricted by their local council’. The Minister confirmed […]
Shitong Qiao, ‘Planting Houses in Shenzhen: A Real Estate Market Without Legal Titles’
Abstract: Can a real estate market operate without legal titles? The answer has conventionally been no. But in Shenzhen, the iconic city of China’s market economy, an opposite phenomenon exists: half of the buildings within the city, which has 1,993 square kilometers of land and over 10 million people, have no legal titles and have […]