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Law and development : Bridge week PDF

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LAW AND DEVELOPMENT BRIDGE WEEK Organizing Committee: Dean Ronald Daniels Professor Michael Trebilcock February 2005 Faculty of Law * diversity of Toronto These materials are intended for the sole educational use of students at the University of Toronto’s Faculty of Law FEB - 8 2005 fALuU I '»>- L/Sl LAW AND DEVELOPMENT BRIDGE WEEK Organizing Committee: Dean Ronald Daniels Professor Michael Trebilcock February 2005 Faculty of Law University of Toronto These materials are intended for the sole educational use of students at the University of Toronto’s Faculty of Law I Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/lawdevelopmentbrOOunse TABLE OF CONTENTS Law and Development Bridge Week February 7-11, 2005 Ronald Daniels and Michael Trebilcock February 7 TAB 1: The Challenges Confronting the Developing World, the Rule of Law, and the Role for Law and Legal Institutions in Promoting Development Davis, Kevin and Trebilcock, Michael, “The Recent Intellectual History of Law and Development”, (chapter of draft manuscript, January 18, 2005) Davis, Kevin and Trebilcock, Michael, “Law and Conceptions of Development”, (chapter of draft manuscript, January 18, 2005) Shklar, Judith, “Political Theory and the Rule of Law”, in Hutchinson, Allan and Monahan, Patrick, eds., The Rule of Law: Ideal or Ideology (Toronto: Carswell, 1987), pp. 1-16 Todaro, Michael and Smith, Stephen, Economic Development (Boston: Addison Wesley, 8th Edition), pp. 33-75 Trebilcock, Michael, “What Makes Poor Countries Poor?: The Role of Institutional Capital in Economic Development”, in Buscaglia, E. et al. eds. The Law and Economics of Development (Connecticut: JAI Press, 1997), pp. 15-52 February 8 TAB 2: First Application: Formal Constitution Building in Developing and Transitional Societies Elazar, Daniel, “Constitution-making: The Pre-eminently Political Act”, in Bainting, Keith and Simeon, Richard, eds., Redesigning the State: The Politics of Constitutional Change (Toronto: University of Toronto Press, 1985), pp. 232-248 Heath, Joseph, “Why have a constitution at all?”, 42 Options Politiques (October 2003) Nussbaum, Martha “In Defense of Universal Values” in Women and Human Development: The Capabilities Approach, (Cambridge: Cambridge University Press, 2000), pp. 34-110 Kothari, Rajni, “Human Rights - A Movement in Search of a Theory”, in Kothari, Smitu and Sethi, Harsh, eds., Rethinking Human Rights: Challenges for Theory and Action, (New York: New Horizons Press, 1989), pp. 19-29 Simeon, Richard, et al., “Constitutional Design, Executive Summary”, (prepared for heads of state and government conference, Madrid, October 26 and 27, 2001), at http://www.clubmadrid.org/cmadridyphprint.php 1 TAB 3: Second Application: Judicial Reform: Creating Accountable and Independent Judges Daniels, Ronald and Trebilcock, Michael, “The Political Economy of Rule of Law Reform in Developing Countries”, Michigan Journal of International Law (forthcoming, 2005) February 9 TAB 4: Third Application: Women, the Rule of Law and Development Rethinking Human Rights: Challenges for Theory and Action Kothari, Smitu and Sethi, Harsh, “Introduction: On Categories and Interventions”, in Kothari, Smitu and Sethi, Harsh, eds., Rethinking Human Rights: Challenges for Theory and Action, (New York: New Horizons Press, 1989), pp. 19-29 Nyamu, Celestine, “How Should Human Rights and Development Respond to Cultural Legitimization of Gender Hierarchy in Developing Countries?”, 41 Harvard International Law Journal 381 (2000) Nussbaum, Martha “Introduction: Feminism and International Development” in Women and Human Development: The Capabilities Approach, (Cambridge: Cambridge University Press, 2000), pp. 1-33 TAB 5: Fourth Application: Africa, HIV and the Rule of Law Cameron, Edwin J., “The Deafening Silence of AIDS”, 5 Canadian HIV/AIDS Policy & Law Review (2000) United Nations, “HIV/AIDS and Human Rights: International Guidelines, Revised Guideline 6”, (New York and Geneva: United Nations, 2003) Yamin, Alicia Ely, “Not Just a Tragedy: Access to Medications as a Right under International Law”, 21 Boston University International law Journal 101 (2003)(excerpts) February 10 TAB 6: Building the Rule of Law: A Comparative Perspective Daniels, Ronald and Trebilcock, Michael, “The Political Economy of Rule of Law Reform in Developing Countries”, Michigan Journal of International Law (forthcoming, 2005) 2 TAB 7: Canada, the Third World and the Rule of Law Daniels, Ronald, “Defecting on Development: Bilateral Investment Treaties and the Subversion of the Rule of Law in the Developing World”, (draft, November 19, 2004) Helleiner, Gerry, “Markets, Politics and Globalization: Can the Global Economy be Civilized?”, 2 Journal of Human Development (2001) Gagnon, Georgette et. al, “Deconstructing Engagement: Corporate Self-Regulation in Conflict Zones - Implications for Human Rights and Canadian Public Policy”, Relationships in Transition, January 2003 Goldfarb, Danielle, “Who Gets CIDA Grants: Recipient Corruption and the Effectiveness of Development Aid”, Backgrounder (C.D. Howe Institute, November 29, 2001), pp. 14-78 United Nations Economic and Social Council, “Economic, Social and Cultural Rights” (policy adopted August 13, 2003) 3

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