Certificate in Law and Development Program

Certificate in Law and Development Program
Event on 2016-05-16 09:00:00
The Law and Development Institute (www.lawanddevelopment.net), in collaboration with Emory University School of Law, offers the Certificate in Law and Development (CLD) Program, a short-term certificate course in law and development. The course is designed for government officials, professionals, lawyers, consultants, and students interested in learning the role of law, legal frameworks, and institutions (LFIs) for economic development. Program participants come from developed countries, developed countries, international organizations, and NGOs. The United Nations has prioritized the rule of law among the Sustainable Development Goals (SDGs), highlighting the importance of the rule of law for economic development. Accordingly, there is a high demand for experts that understand the impact of LFIs on economic development. To meet this demand, the CLD Program provides timely instruction on how LFIs affect economic development in key areas such as property rights, business transactions, and industrial promotion. The CLD Program will also provide guidance for pro-development legislation in those key areas. The CLD Program will provide substantial practical value for participating professionals and students. The Program will also offer an excellent overview of law and development and set an excellent foundation for advanced degree studies in master’s or doctoral programs. Prior knowledge in law and/or development will be helpful but not required to enroll in the Program. The CLD Program is currently promoted by the Law, Justice, and Development (LJD) Forum (http://www.globalforumljd.org/), suppored and facilitated by the World Bank. The path to the CLD Certificate is as the following: 1. Listen to three recorded lectures online and study the accompanying materials at your own convenience 2. Attend an optional introductory lecture (the date and the venue to be announced) 3. Pass a brief assessment online or earn an assessment credit by completing a brief paper or an internship with the World Bank (to be arranged by the LDI) All online materials will be made available to registrants upon their registration. All inquiries should be made to the Law and Development Institute by email at info@lawanddevelopment.net Program Content Professor Y.S. Lee, Director of the Law and Development Institute and Distinguished Scholar in Residence, Emory University School of Law, will deliver insightful lectures on the key topics described below. Key Topics Introduction - Importance of LFIs for economic development (optional live lecture, on lecture recording) The rule of law has been cited as an essential element for economic development, which is the only viable solution to the problem of poverty affecting a majority of the world’s population today. In particular, law, legal frameworks, and institutions (LFIs) affect economic development. For example, a law effectively securing individual property rights may incentivize economic endeavors. Legal frameworks within which law is organized, such as regulatory structures and legal systems, also affect the operation of law. For instance, the impact of a law can be different if it were implemented as a stand-alone statute with its own monitoring and enforcement mechanism as opposed to being implemented as a part of a regulation subject to the control of a higher-level statute. Institutions that administer and enforce law, such as government administrative agencies, judicial and extra-judicial dispute settlement fora, and state police power, also determine the effectiveness of law. As such, the impact of law cannot be assessed in isolation from legal frameworks and institutions, and LFIs together constitute an inseparable amalgam that needs to be assessed as a whole. The introductory lecture will review the development of “law and development,” analyze the importance of LFIs on economic development, and present a new analytical model (ADM) for the study of this field.   Property Rights and Economic Development (lecture recording #1) Property rights have been identified 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 activity, in turn, contributes to economic development. All OECD countries today protect individual property rights. At the same time, there are historical instances in which the absence of property rights did not lead to economic stagnation, but instead led to significant economic growth. The lecture will examine the way in which (and the extent to which) individual property rights promote economic development needs and assess the balance between individual property rights and public interest in property.   Legal Frameworks for Business Transactions and Economic Development (lecture recording #2) Freedom of contract and laws that effectively enforce contracts have long been considered important for economic development. However, there is equally strong support for the proposition that contracts are not particularly relevant to business transactions and that the issues and difficulties arising from business transactions are often resolved informally, without reference to contractual terms. The lecture will explore the balance between freedom of contract and the public interest in intervening based on an imbalance in bargaining power, a balance which may indeed be different for different stages of economic development. Beyond freedom of contract, the lecture will also address additional issues, including secured transactions—which form the ability to leverage otherwise economically unproductive assets—and the regulatory control of business transactions.   Law and Industrial Promotion (lecture recording #3) Economists have argued since the 18th century over the economic efficiency of government involvement in the economy. While state-led development policies in some development cases, such as those involving the East Asian countries, have been successful, many doubt the wisdom of government involvement in the economy. However, where the availability of information is limited and the financial market is imperfect (which are the inherent conditions of developing countries), the government can provide useful initiatives in productive industrial pursuits, as demonstrated in the successful development cases cited above. The adoption and management of industrial promotion policies are a hallmark of developmental states. The lecture will examine the conditions for successful state industrial promotion as well as the institutions and legal frameworks that enable the government to provide effective assistance to meet development needs, which may vary in different stages of economic development. Tuition and Registration All participants must register online at https://www.eventbrite.com/e/certificate-in-law-and-development-program-tickets-21346179999. The tuition (or recording subscription) and assessment fee of US$ 1,500 plus a processing fee of .95 is payable upon registration. Sponsorship is also accepted and will be matched by the LDI on a dollar-to-dollar basis.   Testimonials from Participants “I had a very instructive experience from attending the lectures, although, its time was short, given the amount of information presented at each session. For me, the relation between law and economics became interesting; depending on the way you regulate the economic relations, it is going to produce a quite different result. From the collapse of Soviet Union to the rise of an impoverished nation, South Korea, it was all the result of following an economical model and regulating economic relations in a specific way. The program was instructive that I saw some developing countries, including mine, insane to be following a specific economic model in a mechanical sense. I came to know that economics has no room for clear cut rules. Any economic policy should accommodate the changes in variables such as time, technology and geography. Having come from an impoverished and under developed country, I got a clear image about what economical models my country should follow. I, to some point, disagree and criticize the policies undertaken by the politicians in my country.”   Jalalzai Maiwand, Former Judge, Supreme Court of Afghanistan, LL.M. student, Emory University School of Law (Class of 2015) “It is with great pleasure that I share my experience studying in the Law and Development Program. Through a generous scholarship, I completed the Law and Development Program in May, and participating in this program was a great experience for me. Through the LDP I learned how legal frameworks and institutions affect economic development in important legal areas such as property rights, business transactions and industrial promotion. In addition, I also obtained a general understanding about how international and domestic law can impact economic development and how we can develop a legal regime to promote economic development. Most importantly, this program exposed me to many issues that I had never noticed or considered, and it provided me with many new perspectives and legal conceptions. It is quite helpful both to my academic research and to my practice of law.”                                                                                             Jingchen Xu. JSD student, Tulane University School of Law

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