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 approach to human beings in their individual and social dimensions, which can be seen as a reference to ‘integral human development’ – a concept found in ethics. ‘Development’ can be considered as a value or a goal. But it also has a normative dimension influencing lawmaking and legal application; it is a rule of interpretation, which harmonizes the application of conflicting norms, and which is often based on the ethical and anthropological assumptions of the decision maker. This research examines how different approaches to ‘development’ and their impact on law can coexist in pluralistic and multicultural societies, and how to evaluate their legitimacy, analyzing the problem from an overarching theoretical perspective. It also discusses case studies stemming from different branches of law.
Author(s): Piotr Szwedo, Richard Peltz-Steele, Dai Tamada
Series: Kobe University Monograph Series In Social Science Research
Publisher: Springer
Year: 2019
Language: English
Pages: 254
Tags: Development Economics, Law And Development
Front Matter ....Pages i-xvi
“Law & Development” in the Light of Philosophy of (Legal) History (Tomáš Gábriš)....Pages 1-17
Populorum Progressio: Development and Law? (Christine Mengès-Le Pape)....Pages 19-30
Luigi Sturzo’s Socio-economic Development Theory and the Case of Italy: No Prophet in His Homeland (Flavio Felice, Luca Sandonà)....Pages 31-49
International Financial Aid, Catholic Social Doctrine and Sustainable Integral Human Development (George Garvey)....Pages 51-73
Common but Differentiated Responsibilities for Developed and Developing States: A South African Perspective (Zuzana Selementová)....Pages 75-94
Must Investments Contribute to the Development of the Host State? The Salini Test Scrutinised (Dai Tamada)....Pages 95-114
Water: The Common Heritage of Mankind? (Franck Duhautoy)....Pages 115-130
Private-Sector Transparency as Development Imperative: An African Inspiration (Richard Peltz-Steele, Gaspar Kot)....Pages 131-158
Between Economic Development and Human Rights: Balancing E-Commerce and Adult Content Filtering (Adam Szafrański, Piotr Szwedo, Małgorzata Klein)....Pages 159-178
A Comparative Law Approach to the Notion of Sustainable Development: An Example from Urban Planning Law (Ermanno Calzolaio)....Pages 179-190
Challenges Concerning ‘Development’: A Case-Study on Subsistence and Small-Scale Fisheries in South Africa (Jan Glazewski)....Pages 191-207
Economic and Social Development in the Republic of South Africa’s New Model of Mineral Rights: Balancing Private Ownership, Community Rights, and Sovereignty (Wojciech Bańczyk)....Pages 209-226
Sustainable Development as a New Trade Usage in International Sale of Goods Contracts (Daniel Zatorski)....Pages 227-241
Correction to: Between Economic Development and Human Rights: Balancing E-Commerce and Adult Content Filtering (Adam Szafrański, Piotr Szwedo, Małgorzata Klein)....Pages C1-C1
