The Importance of Commercial Law in the Legal Architecture of Post-Conflict: This book is written by Michael J. Stepek. You can download it freely in pdf format. In the era of international relations ushered in by the end of the Cold War, nation building has become fashionable. In a burst of Wilsonian optimism, Western countries have sought to recreate failed states in their own image, creating new government institutions from the ashes of violent conflict or civil collapse. These projects were made possible in a fresh environment of international consensus that has prevailed since the mid-1990s. The development of improved legal institutions has been considered a particularly important component of any state-building project and has been the main focus of almost all of those efforts. A new label has been created to describe exercises in the development of legal institutions, with the general rubric alternatively describing them as “rule of law” or “legal and judicial reform” projects.1 The goal of these exercises is to shape the legal system of the target country following the principles found in the legal systems of developed western states, i.e. promoting judicial independence, legal transparency, civil rights and market freedoms.2 This, it is said, will promote economic development , political stability and reconciliation. To date, these efforts have been driven by legions of international experts employed by multilateral and bilateral development institutions, from the World Bank and the United States Agency for International Development (USAID) to a wide variety of development agencies. the UN and private contractors.
Despite the large number of these projects, there is a relative dearth of published analysis of what is effective and what is not, particularly in relation to the more sophisticated rules governing business relationships. Although there is a substantial body of material addressing both the role and the need for legal institutions as part of legal and judicial reform projects,3 much less effort seems to have been devoted to how such institutions might be developed in practice.
|Book Name||The Importance of Commercial Law in the Legal Architecture of
|Author of Book||Michael J. Stepek|
Overview of The Importance of Commercial Law in the Legal Architecture of Post-Conflict Pdf FreeAccording to Michael J. Stepek, the role of commercial law in post-war nation building is not an issue that can be considered in isolation. It is a comparatively small part of a rich tapestry of research and theory on how to promote economic development in poor countries.18 This intersecting body of scholarly research is commonly referred to as “development economics,” and one of the main goals of this essay is to locate this topic within a set of broader interdisciplinary topics. The idea that institutional quality is a key component for the political and economic success of a country may seem obvious to the contemporary reader, but it has not always been so. To understand how we arrived at the current perspective, it is worth starting with a brief overview of the recent history of development economics.
Before World War II, the problem of economic underdevelopment was relatively unexplored in international relations literature or practice because most of what we now call the developing world was colonized in one way or another by European powers. Varied colonization styles and motives. Some colonies were established for economic purposes and focused primarily on extracting natural resources or facilitating a trade network.19 Others had geopolitical underpinnings that focused on keeping the influence of other colonizing powers at bay.20 In some cases, there was a desire to improve the quality of life of the subjugated people, often in the name of advancing “civilization”. 21 However, this was seldom the primary purpose of maintaining colonial possessions. As a result, few questioned why large parts of the world were so much poorer than the West.
Topics of this EditionI. INTRODUCTION
II. A MODERN THEORY OF ECONOMIC DEVELOPMENT
III. THE HISTORY OF LEGAL AND JUDICIAL REFORM PROJECTS
IV. PROBLEMS WITH LEGAL AND JUDICIAL REFORM PROJECTS
V. WHERE DO WE GO FROM HERE?
About the AuthorMichael J. Stepek
Michael is Chairman of the Winston International Arbitration Practice and regularly appears before major international forums in Europe, the Middle East, Asia and the Americas. He represents clients before numerous international forums in arbitrations conducted in accordance with the main institutional rules, including ICSID, ICC, LCIA, HKIAC, SCC and UNCITRAL. He has more than 30 years of experience in international law carried out in accordance with various institutional regulations as well as ad hoc. Michael also appears as an arbitrator in such disputes.
Recognized as a highly respected commercial litigator and arbitration lawyer by The Legal 500 UK and Chambers Global, Michael is licensed to practice in both England and Wales and the United States and has a particular focus on the power, energy, mining, telecommunications and transportation industries. He is a member of the firm’s Videogames, Gaming and Esports Group dedicated to providing comprehensive legal solutions to companies in these industries.
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