Law and development balancing principles and values /

This book examines the concept of 'development from alternative perspectives and analyzes how different approaches influence law. 'Sustainable development focuses on balancing economic progress, environmental protection, individual rights, and collective interests. It requires a holistic a...

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Other Authors: Szwedo, Piotr., Peltz-Steele, Richard J., Tamada, Dai, 1974-, SpringerLink (Online service)
Format: eBook
Language: English
Published: Singapore : Springer, 2019.
Singapore : 2019.
Physical Description: 1 online resource (254 pages).
Series: SpringerBriefs in economics. Kobe University social science research series.
Subjects:
Table of Contents:
  • Intro; Introduction; Contents; About the Editors; 1 "Law & Development" in the Light of Philosophy of (Legal) History; 1.1 Law & Development, Legal Development and Legal History; 1.1.1 Law & Development Versus Legal Development; 1.1.2 Development and Legal History; 1.2 The Philosophy of History and the Philosophy of Historiography-Towards the Philosophy of Law & Development; 1.2.1 The Philosophy of History-A Return to Multiple Traditions?; 1.2.2 Philosophy of Historiography; 1.3 The Legislator as a Legally Binding Historiographer?; 1.4 Towards the Philosophy of (Law &) Development?
  • 1.5 ConclusionsReferences; 2 Populorum Progressio: Development and Law?; 2.1 Introduction; 2.2 The Denunciation of Injustices; 2.3 A Development for Justice and Peace; 2.4 Conclusions; References; 3 Luigi Sturzo's Socio-economic Development Theory and the Case of Italy: No Prophet in His Homeland; 3.1 Introduction; 3.2 Luigi Sturzo's Socio-economic Development Theory; 3.3 The Divide Between Sturzo's Thought and Italian Economic Development Model; 3.4 Nino Andreatta's Revival of Luigi Sturzo's Thought; 3.5 Conclusion; References.
  • 4 International Financial Aid, Catholic Social Doctrine and Sustainable Integral Human Development4.1 Introduction; 4.2 Factual Background-Economic Development; 4.3 The Aid Dilemma; 4.4 International Human Rights; 4.5 Sustained Development Versus Integral Development; 4.6 Religious Influence in the Human Rights Debate; 4.7 Brief Introduction to Catholic Social Doctrine; 4.8 Pope Paul VI-Populorum Progressio; 4.9 Foundational Principles of Catholic Social Doctrine; 4.10 Conclusion; References.
  • 5 Common but Differentiated Responsibilities for Developed and Developing States: A South African Perspective5.1 Introduction; 5.2 Definition of Developed and Developing States; 5.2.1 Differentiation Under the United Nations; 5.2.2 Human Development Index; 5.2.3 Gini Coefficient; 5.2.4 The Influence of Financial Institutions; 5.2.5 South Africa as a Developing Country; 5.2.6 Conclusions on the Disparity Between Developed and Developing States; 5.3 The Concept of Common but Differentiated Responsibilities; 5.3.1 Theoretical Introduction.
  • 5.3.2 CBDR in the Context of the Climate Change Legal Regime5.3.3 South Africa and the Paris Agreement; 5.4 Conclusion; References; 6 Must Investments Contribute to the Development of the Host State? The Salini Test Scrutinised; 6.1 Introduction; 6.2 The Salini Test: Background, Implications and Acceptance; 6.2.1 Pre-Salini Cases Relating to the Definition of Investment; 6.2.2 The Salini Test; 6.2.3 Post-Salini Cases that Espouse the Development Condition; 6.2.4 Interim Evaluation; 6.3 Criticism of the Salini Test; 6.3.1 Text Takes Priority Over the Preamble.