Veröffentlicht seit 1. Januar 2008

Law and Development Review

ISSN: 1943-3867

Editor-in-Chief: Y.S. Lee

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Über diese Zeitschrift

Objective
The Law and Development Review (LDR) is distinguished from other law and economics journals in that its primary focus is the development aspects of international and domestic legal orders. Economic development concerns not only the interests of developing countries but also the economic future and the security of developed countries.

The journal helps exchange views globally on this important subject, particularly on the gap between the developed and developing worlds. LDR helps facilitate future global negotiations concerning the economic development of developing countries and sets out future directions for law and development studies.

The journal seeks top-quality articles on law and development issues broadly, particularly from the developing world as well as from the developed world. LDR’s editorial board includes top scholars and professionals from all parts of the developed and developing worlds.

The LDR is sponsored by the Law and Development Institute. For more information please visit the Institute's website.

News
The Editor of the LDR, Prof. Y.S. Lee, published the new edition of the treatise on law and development entitled, "Law and Development: Theory and Practice (Second Edition)". Please follow the link for more information: https://www.routledge.com/Law-and-Development-Theory-and-Practice/Lee/p/book/9780367546854.

The Law and Development Institute and the National University of Singapore Center for Asian Legal Studies co-host the 2023 Law and Development Conference on Dec. 8-9 in Singapore. The Conference addresses a broad range of law and development issues post the pandemic. The conference program and registration information is available online at https://lawanddevelopment.net/2023-conference/.

The Editor of LDR, Prof. Y.S. Lee published a new book, Sustainable Peace in Northeast Asia (Anthem Press, 2023). The book examines the political, economic, and historical causes of constant tensions in Northeast Asia and explores a lasting solution from the perspective of each constituent country in the region. Please follow the link for more information: https://anthempress.com/sustainable-peace-in-northeast-asia-hb.

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Law and development
Developing and developed countries
International and domestic legal orders
Economy
Security

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Band 16 Heft 2

Juni 2023

Öffentlich zugänglich 2. August 2023

Frontmatter

Seiten: i-iii

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Editorial

28. Juni 2023

Introduction: Law and Sustainable Development

Yong-Shik Lee

Seiten: 251-252

Articles

26. Juni 2023

Tackling Corruption in Foreign Investment: Insights from Investment Arbitration Cases

Julien Chaisse

Seiten: 253-293

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Abstract

Over the last ten years, international investment tribunals have imported anti-corruption principles into the bilateral investment treaties (“BIT”) regime through the use of the doctrine of “unclean hands” and the requirement of “legality of the investment.” These principles have been invoked as a “trump card” defense by responding parties. In light of the rising case laws, the Article focuses on the success of the “trump card” defense of corruption invoked by host States. The Article makes several important findings. First, it shows that tribunals use the standard of a reasonable level of certainty to establish corruption – a standard below the “beyond reasonable doubt” standard employed in domestic criminal courts. At the same time, tribunals have discouraged mere insinuations of corruption without evidence. The Article also explains that this “trump card” defense is rarely successful owing to the minimal evidence offered by States in making allegations of corruption. Further, such a defense might place the entire burden of proof in rebutting corruption allegations on the investor even though the host State may have been complicit in the act. Fundamentally, the Article demonstrates that investment tribunals have not been able to effectively engage with corruption claims, due to the lack of enforceability of both the OECD Convention and the United Nations Convention against Corruption. However, this has not stopped the increasing use of the “trump card” defense. A separate mechanism such as introducing a corruption court could be a better alternative to deal with such claims.

11. Juli 2023

The Second War Between the States: How the United States Became the World’s Best Tax Haven

Beverly Moran

Seiten: 295-324

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Abstract

We want government to help us prosper. For working people, prosperity requires employment and employment requires business. After World War II, most of the world was either devastated or underdeveloped leaving the United States without foreign competition. Local competition took its place. The States and local governments competed against one another on their natural resources, access to transportation, infrastructure, schools, and work force. These are the products of government spending. Some States did not have much to attract economic development. They created their own attributes instead. For example, right to work laws attracted companies that wanted to avoid unions and no usuary limits attracted credit card companies who wanted to charge high rates. Other States offered tax holidays. Move here and pay no tax for ten years. But saving money in taxes lost its appeal when other jurisdictions offered even more. Rather than build good sewage systems or roads for everyone, towns provided free infrastructure built to company specifications in addition to tax incentives. By the 1970s, firms learned that they could get States and localities to bid against one another. Each providing a package of bigger incentives. We can see the result of these races to the bottom in cities and towns that gave companies whatever they wanted only to find themselves with vacant factories and roads leading to nowhere. While the States were competing with one another, the rest of the world was emerging from war. Like the States, these countries wanted to help their citizens prosper. For those without natural resources or great infrastructure or educated workers, one alternative was to become a tax haven. A tax haven is the other side of a tax incentive. With tax incentives, a government gives up the right to tax in the hope that a firm's relocation will bring its citizens success. In a tax haven, a government hopes to improve its citizens’ fortune by helping a foreign taxpayer avoid another government’s taxes. Whether tax incentive or tax haven, in the end, the result is the same. The stakes get higher and higher. The companies and foreign taxpayers move from site to site. They take everything they can get and then convince another government to give more. Now a decade of investigative journalism shows that not only are the States in race to the bottom with their own tax revenues, but they are also transforming themselves into tax havens thus helping foreign taxpayers deplete their home countries’ revenues. This paper is a cautionary tale. It shows what makes the United States the world's favorite tax haven and examines what we can expect if this trend continues.

10. Juli 2023

BEPS: Changing International Fiscal Standards and the Unchanging Fortunes of ‘Sustainable Development’

Ajay Kumar

Seiten: 325-365

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Abstract

The OECD led BEPS project attempts key changes to the international tax standards to limit harmful tax avoidance. First, it is found that calls for the BEPS project are based on arguments (illicit financial flows and tax competition) that are supported by limited evidence and hence may not offer much fiscal gain to the developing countries. Second, it is found that the BEPS project would, through information sharing, further limit the fiscal jurisdiction of capital importing states. Further it is found that tax competition, even if existing in a limited form, is a result of the international tax architecture and the externalities caused by it. In fact, it is seen that the MNCs actually reduce the inefficiencies created by this tax architecture and thereby reduce transaction costs. By agreeing to the BEPS agenda of information sharing the developing countries would be paying the cost of internalising the externality.

3. Juli 2023

China’s Approach to Sustainable Development in Free Trade Agreements

Dan Wei, Ângelo Patrício Rafael

Seiten: 367-384

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Abstract

The question of how to adequately integrate environment and labor provisions in free trade agreements is still a difficult one for both States and academicians. This article explores China’s approach to environment and labor issues in free trade agreements. For reference and comparison, it relies on the European Union’s and the United States’ approaches in their respective FTAs. The article identifies China’s preference for a case-by-case approach to the inclusion of environmental chapters in its FTAs. Additionally, in most FTAs it avoids to include provisions on labor standards. These two preferences represent major divergences from the European Union’s and the United States’ approaches, characterized by inclusion of chapters on environment and labor in all their modern FTAs. The article also finds that China’s FTAs rely solely on consultations and cooperation for the implementation of environmental and labor provisions, within the framework of Joint Committees and avoid the inclusion of civil society mechanisms. Moreover, resolution of disputes relies exclusively on consultations, in a diverse procedure than the one applicable to trade disputes. Despite alignment with the European Union model, this is another major point of divergence with the United States’ model, which applies the same enforcement mechanism for both environment and labor issues and trade issues and includes the possibility of applying sanctions. Finally, the article concludes that China’s options with regards to the treatment of environment and labor concerns in its free trade agreements aligns with both its domestic governance approach and its approach to international cooperation.

18. Juli 2023

International Law and Sustainable Development: Grounds for Cancellation of Africa Debts

Brian-Vincent Ikejiaku

Seiten: 385-411

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Abstract

As of April 2020, the IMF categorised seven African countries as being in debt distress, whilst identifying twelve more that were at high risk of becoming distress. It is no longer a secret that considered immutable and eternally binding, debt by the global south (i.e., poor developing African countries) has become a tool for imperial powers in the post-colonial world to enforce and perpetuate their dominance over the global south. This is despite serious global crises that emerge from, and/or were caused by the rich countries of the global north; specifically, the negative effects of the global financial crisis of 2008, devastating impact of Covid-19 pandemic, and impact of Russia–Ukraine war on the African economies and contribution to these debt vulnerabilities. Yet, the rich countries of the global north have insisted on these poor countries to continue financing their debts. The paper considers how African countries could legally cancel the repayment of the debts by relying on the principles of international law (such as pacta sunt servanda, limit to legal obligation to pay, force majeure, State of Necessity or rebus sic stantibus) and States’ declarations to commitment to sustainable development agenda (such as the European Union’s response to the adoption of the 2030 Agenda featured in its Commission’s 2016 Communication) could be used as justifying grounds for cancellation of Africa debts. The paper draws on international law and development in the light of dependency and postcolonial theories and employs the human rights-based approach, interdisciplinary and critical-analytical perspective and using qualitative empirical evidence from rich countries and institutions of the global north and poor developing countries of the global south for analysis.

Ahead-of-Print / Just-Accepted

Ahead-of-Print / Just-Accepted

Band 16 (2023)

Band 15 (2022)

Band 14 (2021)

Band 13 (2020)

Band 12 (2019)

Band 11 (2018)

Band 10 (2017)

Band 9 (2016)

Band 8 (2015)

Band 7 (2014)

Band 6 (2013)

Band 5 (2012)

Band 4 (2011)

Band 3 (2010)

Band 2 (2009)

Heft 1

Band 1 (2008)

Heft 1 Special Inaugural Issue (2008)

Journal Citation Indicator	0.53	2022, Journal Citation Reports (Clarivate, 2023)
CiteScore	0.9	2022, Scopus (Elsevier B.V., 2023)
SCImago Journal Rank	0.189	2022, SJR (Scimago Lab, 2023; Data Source: Scopus)
Source Normalized Impact per Paper	0.279	2022, CWTS Journal Indicators (CWTS B.V., 2023; Data Source: Scopus)

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Editorial

Editor-In-Chief
Y. S. Lee, The Law and Development Institute, USA

Editorial Board Members
William Alford, Harvard Law School, USA
Douglas Arner, University of Hong Kong Faculty of Law, Hong Kong
Tomer Broude, Faculty of Law and Department of International Relations, Hebrew University of Jerusalem
Julien Chaisse, City University of Hong Kong School of Law, Hong Kong
Ha-Joon Chang, Faculty of Economics, University of Cambridge, U.K.
Won-Mok Choi, College of Law, Ewha Womans University, South Korea
Robert Cooter, University of California at Berkeley School of Law, USA
Diogo Coutinho, University of São Paulo, Brazil
Philipp Dann, Humboldt University Faculty of Law, Germany
Simon Deakin, University of Cambridge Faculty of Law, U.K.
Melaku Desta, University of Leicester School of Law, U.K.
Jan Erk, University of Pretoria, South Africa
Salim Farrar, University of Sydney Law School, Australia
James Gathii, Loyola University Chicago School of Law, USA
Gary Horlick, former head of U.S. Department of Commerce Import Administration, USA
William Hubbard, University of Chicago Law School
David Kennedy, European Law Research Center, Harvard Law School, USA
Andrew Lang, School of Law, Edinburgh University, U.K.
Chang Hee Lee, School of Law, Seoul National University, South Korea
Jai S. Mah, Graduate School of International Studies, Ewha Womans University, South Korea
Mitsuo Matsushita, University of Tokyo Faculty of Law, and former member of the WTO Appellate Body, Japan
Petros Mavroidis, Columbia Law School, University of Neuchatel, and CEPR, USA
Bryan Mercurio, Chinese University of Hong Kong School of Law, Hong Kong
Junji Nakagawa, Institute of Social Science, University of Tokyo, Japan
Andreas Neef, University of Auckland, Development Studies, Australia
Colin Picker, University of Wollongong Faculty of Law, Australia
Balakrishnan Rajagopal, Massachusetts Institute of Technology, International Development Group, USA
Dani Rodrik, Kennedy School of Government, Harvard University, USA
Susan Rose-Ackerman, Law School and Department of Political Science, Yale University, USA
Alvaro Santos, Georgetown University Law Center, USA
Alan O. Sykes, Stanford Law School, USA
Yasuhei Taniguchi, Kyoto University, and former member of the WTO Appellate Body, Japan
Veronica Taylor, Australian National University, Australia
Joel Trachtman, The Fletcher School, Tufts University, USA
Michael Trebilcock, University of Toronto Law School, Canada
Edwin Vermulst, Partner, Vermulst, Verhaeghe, and Graafsma and Editor-in-Chief, Journal of World Trade, Brussels
Jiangyu Wang, City University of Hong Kong, School of Law, Hong Kong
Klaus Ziegert, University of Sydney Law School, Australia

(English)

Online ISSN: 1943-3867
Print ISSN: 2194-6523
Typ: Zeitschrift
Sprache: Englisch
Verlag: De Gruyter
Erstveröffentlichung: 1. Januar 2008
Erscheinungsweise: 2 Hefte pro Jahr
Zielgruppe: Researchers and practitioners interested in law and development