Legal Reform and Business Contracts in Developing Economies

Author: Julie Paquin
Publisher: Routledge
ISBN: 1317106083
Format: PDF, ePub
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This book examines the prospects for business law reform to drive economic development in developing countries. It argues that, despite statements to the contrary, cultural factors and other local conditions in developing countries are not properly taken into account in current business law reform programs. Utilizing the city of Dakar as an example, this book investigates the consequences of this lack of fit between local needs and transplanted legal models by examining the potential and actual impact of the OHADA program of law reform on local business practices. Focusing on how managers make decisions and apply appropriate norms in routine business operations, the book documents how contractual disputes arise and are solved in Dakar and the role played by formal law in these processes. By examining imported law from the point of view of the end-users of legal reforms, the book reveals the complex relationship between formal law, local cultural norms and the activities of SMEs operating in developing economies, and calls for a reconsideration of current law and development theory as well as the role of contract law in business decisions. It will be relevant to all developing countries seeking to align their laws with ’best practice’ as identified by aid institutions.

Between Cultural Diversity and Common Heritage

Author: Silvio Ferrari
Publisher: Routledge
ISBN: 1317175026
Format: PDF, Docs
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Going beyond the more usual focus on Jerusalem as a sacred place, this book presents legal perspectives on the most important sacred places of the Mediterranean. The first part of the book discusses the notion of sacred places in anthropological, sociological and legal studies and provides an overview of existing legal approaches to the protection of sacred places in order to develop and define a new legal framework. The second part introduces the meaning of sacred places in Jewish, Christian and Islamic thought and focuses on the significance and role that sacred places have in the three major monotheistic religions and how best to preserve their religious nature whilst designing a new international statute. The final part of the book is a detailed analysis of the legal status of key sacred places and holy cities in the Mediterranean area and identifies a set of legal principles to support a general framework within which specific legal measures can be implemented. The book concludes with a useful appendix for the protection of sacred places in the Mediterranean region. Including contributions from leading law and religion scholars, this interesting book will be valuable to those in the fields of international law, as well as religion and heritage studies.

Poor People s Knowledge

Author: J. Michael Finger
Publisher: World Bank Publications
ISBN: 0821383698
Format: PDF, ePub, Docs
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How can we help poor people earn more from their knowledge rather than from their sweat and muscle alone? This book is about increasing the earnings of poor people in poor countries from their innovation, knowledge, and creative skills. Case studies look at the African music industry; traditional crafts and ways to prevent counterfeit crafts designs; the activities of fair trade organizations; biopiracy and the commercialization of ethnobotanical knowledge; the use of intellectual property laws and other tools to protect traditional knowledge. The contributors' motivation is sometimes to maintain the art and culture of poor people, but they recognize that except in a museum setting, no traditional skill can live on unless it has a viable market. Culture and commerce more often complement than conflict in the cases reviewed here. The book calls attention to the unwritten half of the World Trade Organization's Agreement on the Trade Related Aspects of Intellectual Property (TRIPS). TRIPS is about knowledge that industrial countries own, and which poor people buy. This book is about knowledge that poor people in poor countries generate and have to sell. It will be of interest to students and scholars of international trade and law, and to anyone with an interest in ways developing countries can find markets for cultural, intellectual, and traditional knowledge.

The Challenges of Justice in Diverse Societies

Author: Meena K. Bhamra
Publisher: Routledge
ISBN: 1317039092
Format: PDF, Mobi
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In the urgency to respond to the challenges posed by diversity in contemporary societies, the discussion of normative foundations is often overlooked. This book takes that important first step, and offers new ways of thinking about diversity. Its contribution to an ongoing dialogue in this field lies in the construction of a normative framework which endeavours to better understand the challenges of justice in diverse societies. By applying this normative framework to specific and broader examples of injustices in the spheres of religion, culture, race, ethnicity, gender and nationality, the book demonstrates how constitutional pluralist discourses can contribute both to new and legal responses to diversity. The book will be of interest to legal professionals, policy makers, law students and scholars concerned with exploring diversity in the 21st century.

Law Religious Freedoms and Education in Europe

Author: Dr Myriam Hunter-Henin
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497917
Format: PDF, Docs
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This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book first examines key concepts, before presenting national models of religion and education in Europe and analyzing case studies relating to religious symbols worn at school and to the teaching of religious education. Legal questions are examined in a wider context, in the light of the intentions of state policy and of current national and transnational debates. Controversies on the legal implications of personal and national identities are for example analyzed. From a comparative perspective, the chapters examine the possible converging power of human rights and anti-discrimination discourses and reveal the difficulties and risks involved in seeking to identify the best model for Europe. This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education.

The Global Competitiveness Report 2004 2005

Author: Michael E. Porter
Publisher: Palgrave Macmillan
ISBN: 9781403949134
Format: PDF, Docs
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The World Economic Forum's annual Global Competitiveness Report evaluates the potential for sustained economic growth of over 100 economies and ranks them accordingly. Since it first release in 1979, the Report has become the most authoritative and comprehensive study of its type. The 2004-2005 Report Contains: *Detailed country competitiveness provides of 104 economies *Data tables for survey and hard data variable ranking profiled economies *Complementary global rankings: the Growth Competitiveness Index (GCI) and the Business Competitiveness Index (BCI), measuring growth and productivity respectively *Exclusive Data from the Executive Onion Survey, with over 8,700 responses from business leaders worldwide. Produced in collaboration with a distinguished group of international scholars and a global network of over 100 leading national research institutes and business organizations, the Report also showcases the latest thinking and research on issues of immediate relevance for business leaders and policy-makers.

Islamic Law in Europe

Author: Prof Dr Andrea Büchler
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497704
Format: PDF, Mobi
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Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.

Socio Legal Integration

Author: Dr Agnieszka Kubal
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409498042
Format: PDF, ePub, Mobi
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This book examines how contemporary migrants form and transform their involvement with the law in their host countries and which factors influence this relationship. It suggests a more comprehensive insight into the socio-legal integration of migrants by analysing the interplay between the new legal environment and migrants' existing culturally-derived values, attitudes, behaviour and social expectations towards law and law enforcement. Acknowledging the superdiversity of migration as a global issue, the book uses the case study of Polish post-2004 EU Enlargement migrants to examine values and attitudes to the rules that govern their work and residence in the UK and to the legal system in general. With wider international relevance than just Poland and the UK, this book makes a case for the meaningful employment of legal culture in socio-legal integration research and suggests far-reaching consequences for host countries and their immigrant communities.

Trends and Impacts of Foreign Investment in Developing Country Agriculture

Author: Pascal Liu
Publisher: Food & Agriculture Org
ISBN:
Format: PDF, Mobi
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Substantial increases in agricultural investments in developing countries are needed to combat poverty and realize food security and nutrition goals. There is evidence that agricultural investments can generate a wide range of developmental benefits, but these benefits cannot be expected to arise automatically and some forms of large-scale investment carry risks for host countries. Although there has been much debate about the potential benefits and risks of international investment, there is no systematic evidence on the actual impacts on the host country and their determinants. In order to acquire an in-depth understanding of potential benefits, constraints and costs of foreign investment in agriculture and of the business models that are more conducive to development, FAO has undertaken research in developing countries.This publication summarizes the results of this research, in particular through the presentation of the main findings of case studies in nine developing countries. It presents case studies on policies to attract foreign investment in agriculture and their impacts on national economic development in selected countries in Africa, Asian and Latin America.