International Development Law

This book describes how international development works, its shortcomings, its theoretical and practical foundations, along with prescriptions for the future. International Development Law provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. In particular, the book provides new, innovative analysis on corruption as an impediment to sustainable development. The three interlocking facets of corruption are examined: transnational organized crime, Islamic-based international terrorism, and corruption within emerging economies and the international banking system. Thus fresh new analysis adds depth and clarity to a field that heretofore has been scattered and superficial. Finally, the "right to development" within the international human rights discourse is critically reviewed, particularly in light of new jurisprudence emerging from the African context.This book offers a fresh, new and balanced legal perspective on the development process. The text has been rigorously researched and has many practical facets based on the author's professional experience within the international development field. It is an invaluable research and teaching tool since it takes a multidisciplinary approach to putting complex issues, legal trends and political questions into a clear, new perspective that is highly analytical as well as accessible to the reader. The author's elegant legal prose is both powerful and persuasive.

Auteur
Dr. Rumu Sarkar serves as General Counsel to Millennium Partners, an international development consulting group based in Charlottesville, VA. Ms. Sarkar was also the former General Counsel for the 2005 Defense Base Closure and Realignment (BRAC) Commission. She also served as the General Counsel for the Overseas Basing Commission, prior to joining the BRAC Commission. Ms. Sarkar was also the former Assistant General Counsel for Administrative Affairs for the Overseas Private Investment Corporation (OPIC), and formerly a staff attorney with the Office of the General Counsel of the U.S. Agency for International Development (USAID). She began her career as a litigation associate with two Wall Street law firms in New York. Ms. Sarkar has also had a distinguished academic career both in teaching and publishing. She is currently a non-resident Assistant Professor at the Uniformed Services University of Health Sciences, located at the Walter Reed National Military Medical Center in Bethesda, MD. She won a Fulbright Scholarship and lectured at the John Paul II School of Law in Lublin, Poland in 2016. Professor Sarkar was also a Distinguished Guest Lecturer and served on the Advisory Board for Loyola University Chicago School of Law. She was also an Adjunct Law Professor and a Visiting Researcher at the Georgetown University Law Center where she taught several graduate law (LL.M.) seminars. Professor Sarkar has authored three legal texts and many law review articles. Dr. Sarkar completed her undergraduate studies at Barnard College, Columbia University; her law degree from the Antioch School of Law; and her Masters of Law (LL.M.) degree, and her Ph.D. in Philosophy from Newnham College, Cambridge University. She is a member of the NY, DC and U.S. Supreme Court Bars.

Contenu
Introduction: Setting the Stage.- Part I.- The Rule of Law.- The Rule of Law: Theoretical Principles.- International Development Law: Substantive Principles.- Is There a Human Right to Development?.- Part II.- International Financial Architecture.- Sovereign Borrowing and Debt: Legal Implications.- Privatization as a Development Strategy.- Emerging Capital Economies.- Corruption and Its Consequences.- Afterthought.