Category Archives: Law and Development

Rudresh Mandal, ‘Directors’ duties, CSR and the tragedy of the commons in India: Mutual coercion mutually agreed upon’

ABSTRACT This article argues that humanity is locked into a system culminating in the tragedy of the commons (ToC), and swift action is required to course-correct. Undeniably, companies are the single-largest users of natural resources. To that extent, this article puts forward two interrelated proposals on refining directors’ duties under Section 166 of the Indian […]

Fan, Peng, Wang and Xu, ‘Greening Through Finance?’

ABSTRACT This paper investigates how green credit regulation affects firms’ loan conditions and their economic and environmental performance. In a simple theoretical model, with strengthened green credit regulations, banks raise loan interest rates to nonabatement firms. Firms that were formerly indifferent to pollution abatement must predetermined their abatement and production strategies. Using disaggregated firm-level data, […]

Berre and Schram, ‘The Issue of Trust in Developing Countries: Was Adam Smith Right and Are Modern Economists Wrong?’

ABSTRACT In low and middle-income countries, markets frequently fail to perform adequately. What makes the malfunctioning of these markets particularly relevant is that the resulting welfare effects and efficiency losses have a much larger social impact than in high income countries. Amongst the causes on the one hand ‘hard’ conditions regarding the legal system, and […]

J Janewa OseiTutu, ‘IP in the African Union: Opportunities for New Discourse?’

ABSTRACT The African Union (AU) has embarked on the important process of creating intellectual property (IP) law and policy for the African continent. As this book chapter explains, it is difficult to decipher a coherent approach to the AU’s IP policy for Africa. However, there are some common themes in the AU documents that should […]

Mohammad Towhidul Islam and Md Habib, ‘Intellectual Property Perspectives of Women’s Traditional Knowledge in Bangladesh’

ABSTRACT This paper claims that, though the mass commercialization of traditional knowledge-goods have brought positive changes to the lives of millions of poor female artisans, misappropriation of traditional ingenuity by giant dealers and middlemen have also thwarted huge potentials including exploitation of economic returns of intellectual property of the traditional artists. The paper has found, […]

Yong-Shik Lee, ‘Property Rights and Economic Development’

ABSTRACT Formal private property rights (‘FPPRs’) have been advocated as an important prerequisite to economic development: a legal right to property ownership motivates economic players to engage in economic activities when these activities yield property interests, and this, in turn, contributes to economic development. All of the OECD countries today, which are economically advanced, protect […]

‘President-Elect Joe Biden and the Real Lessons of DuPont’

“Simply talking corporate America into being more responsible is not enough. It may get corporations to talk the talk, but not to walk the walk. To understand what is wrong with American capitalism and how to fix it, the president-elect and his advisors should examine how DuPont managed to dump an extremely dangerous chemical into […]

Ivanka Hahnenberger, ‘Intellectual Property: An on-going Battle for a Development Agenda’

ABSTRACT The world economy has become highly focused on intangibles and Intellectual property. World Intellectual Property Organization (WIPO) announced in a 2017 report that nearly one third of the value of manufactured products sold around the world came from ‘intangible capital’, such as branding, design and technology. Thus intellectual property (IP) is now a key […]

‘The quest for secure property rights in Africa’

“Builders are busy outside Louisa Qangiso’s house in Khayelitsha, a township on the outskirts of Cape Town. The 49-year-old is putting up eight studio flats in her backyard that she will rent out for 3,000 rand ($177) per month. This could almost triple the value of her property, from roughly 570,000 to 1.6m rand …” […]

Jacob and Orset, ‘Innovation, information, lobby and tort law under uncertainty’

ABSTRACT Recent environmental policies favour the ’pollutant-payer’ Principle. This principle points out the pollutant financial liability for potential incidents induced by its activities. Investing in technological innovations generates uncertainty on the future returns, as well as on the damages that such innovations could involve and on the cost to reimburse in the event that of […]