Suchergebnisse

This text describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing relations between the British settlers and indigenous peoples from colonial foundation to the end of the 20th century

Successful delivery of the United Nations Sustainable Development Goals (SDGs) is dependent upon mobilising private sector finance. From a lending perspective, this requires banks to co-invest or otherwise divert more resources to development finance. To provide insights into the effectiveness of this important initiative, this paper reviews key literature across Scopus, Web of Science and Google Scholar using a defined set of keyword searches. Four main themes of future research are identified. First, the international political economy has an influence on the competitive conditions in development finance and these forces need to be explained. Second, the structure of development projects affects the extent to which private sector capital is willing to be mobilised. More insights are needed into how private sector banks can be influenced. Third, the manner in which development banks participate in development projects affects the availability of credit. A greater understanding of their role could unlock greater financing flows. Finally, it is shown that risk appetite and mitigation of development finance affects pricing and credit availability which is another critical component of delivering the SDGs.

Defence date: 13 June 2019 ; Examining Board: Professor Stefan Grundmann, European University Institute (Supervisor); Professor Claire Kilpatrick, European University Institute; Professor Peer Zumbansen, Osgoode Hall Law School; Professor Simon Deakin, Cambridge University ; Over the last forty years, legal theory and policy advice have come to draw heavily from an 'evolutionary' jurisprudence that explains legal transformation by drawing inspiration from the theoretical successes of Darwinian natural selection. This project seeks to enrich and critique this tradition using an analytical perspective that emphasizes the material consequences of concepts and ideas. Existing theories of legal evolution depend on a positivist epistemology that strictly distinguishes the objects of social life—interests, institutions, systems—from knowledge about those objects. My dissertation explores how knowledge, and especially non-legal expertise, acts as an independent site and locus of transformation, mediating the interaction between law and social phenomena and acting as a catalyst of legal innovation. Prior work by Simon Deakin has integrated insights from systems theory to show how the interaction between law and economic institutions can only be properly understood by attending to the epistemic frame law uses to interpret economic practice. Using a case study on the impact of 'law and finance' literature on World Bank policy advice and, consequentially, on legal reforms adopted by many developing countries between 2000 and the present, I show that such attention to legal knowledge is inadequate. The case points, first, to the contingency of the intellectual tools used to understand legal institutions. Rather than deploying a determinate rationality, private and public actors address legal, economic, and ethical problems using a variety of paradigms: viewpoints are not determined by realities. More fundamentally, the cases suggest that successful paradigms, rather than economic or political realities alone, shape the dynamics of socio-legal change. My conclusions address some normative questions that arise when researchers in a social scientific mode are implicated in the processes they seek to document.