Development Law

Law and Development-- POEC 6379

Class # 1265
Murray J Leaf
UTDallas, Spring 2009
Syllabus last updated 12 Nov 2009
Office: GR 3.128     Office Tel: 2732 Hm: 972 964-0094
Classroom: CBW 1.101
email: mjleaf@utdallas.edu
Time: Th 7-9:45    

Office Hours: by appointment.  

It is increasingly recognized that long-term, sustainable, societal development depends on establishing an effective,
responsible, government, rule of law, and effective economic regulation. Moreover, this legal regime cannot be merely
national; it must be international. This course reviews the experiences that lie behind this realization, the issues and
organizations it involves, and the steps being taken to implement it at international and national levels.
 
Since this is only the second time I have offered this course, it is still under development. I expect to adjust it to reflect
the interests and backgrounds of those who register. 
It is now widely recognized in professional development circles that development is not primarily an economic matter,
and cannot be brought about simply by economic policies and actions.  It is primarily a matter of institution building,
and institution building both involves law and requires law.  But law is a large and complex subject, so we have to ask
what law, in what order, and by what means?  These questions are the concern of this course. The recordings are from
the last time the course was offered.  I will leave them up for reference until we come to that topic, then replace them. 
Grading will depend on reports in class (30%) and a substantial paper, at least 20 pages (70%). Since a main purpose
of the course is to let students explore whether they want to pursue research in this area, the most likely format for the
paper is as a research proposal.
 
The listing below is not week by week but topic by topic; we will move at whatever pace we can without getting
swamped by the material. We may not cover all the topics; and we might add topics in place of those listed.  I will
update the syllabus to reflect changes we agree on as we proceed.
 
Topics
                       
1.  International Development Law Organization (IDLO)
Look over IDLO website, and readings from IDLO to see what is of interest to you. We will discuss your interests in
class. The following papers are from the IDLO website. They may not be accessible on the website because it is being
somewhat remodeled. Browse them and we will talk about them.
International Development Law Organizations; WTO and Human Rights, Development Jurists; Soutwick, Srebrenica
as Genocide; McInerny, Emerging Regulatory Framework for Human Rights; McKinernyUSBriberyLaw;
AntiCorruptionManagementSystem.
 
2. Legal Philosophy
This unit is fundamental legal theory--the most important views of what law is and what law does.  The readings are
in C. Morris. The Great Legal Philosophers. We will probably read the selections from Grotius, Montesquieu,
Savigny, Ihering; Austin, Ehrlich, Cardozo, and Pound
Recording of Cardozo, Pound, and First of IDLO
 
3. International Law Organizations
IDLO (self-description and look at its training programs;  http://www.idli.org/
 
Center for International Sustainable Development Law http://www.cisdl.org/language.html
 

file:///C|/Documents%20and%20Settings/ramona/Desktop/files%20to%20fix/%23syl-poec6379.501.10s-@mjleaf-üu2366mu.htm[11/16/2009 9:14:08 AM]

Development Law

International Law Institute. http://www.ili.org/

 
The United Nations and the development of international law (this site focuses on international civil and criminal law,
but it has a pull down menu for other UN law websites). http://www.un.org/law/1990-1999/
 
International law links page at the University of Kent. Excellent resouces.
http://library.kent.ac.uk/library/lawlinks/international.htm
 
SOSIG international law links and guide page. http://www.sosig.ac.uk/roads/subject-listing/World-cat/intlaw.html
 
U of Cal Berkeley Law School international law page.
http://www.law.berkeley.edu/admissions/courses/international.html
 
International Institute of Humanitarian Law.
http://web.iihl.org/Default.aspx?lang=en
 
4. Constitutional Law/ Rule of Law.
I assume you have read the US constitution, but in case not here is a good online text in a site with lots of background
information: http://www.usconstitution.net/const.html#Preamble
 
By Contrast, here is the 1939 constitution of the Soviet Union:
http://www.departments.bucknell.edu/russian/const/1936toc.html
 
 And for another contrast look at the Constitution of India. You wont be able to read the whole thing or understand it,
but get a sense of why. Look especially at the treatment of the powers of the President to invoke President’s Rule,
Fundamental Rights in Part III, paying special attention to Article 31,  the powers of the Parliament to amend the
constitution, and the Ninth Schedule. http://lawmin.nic.in/coi.htm
 
The Japanese Parliament’s account of the development of the present constitution of Japan:
http://www.ndl.go.jp/constitution/e/
 
The Helsinki Accords: The Helsinki Final Act.
 http://www.hri.org/docs/Helsinki75.html
Recording of Discussion of USSR and Indian Constitutions.
 
5.  Transitions
Amsden, Alice; Kochanowicz, Lance Taylor: The Market Meets it s Match: Restructuring of the Economies of Eastern
Europe. Harvard University Press.
Murrell, Peter. Assessing the Value of Law in Transition Economies. Ann Arbor: University of Michigan Press, 2001.
Wikipedia article on post-soviet transition looks good:
http://www.answers.com/main/ntquery;jsessionid=3qinqqhn3bg0h?
dsid=2222&dekey=Economy+of+Russia&sbid=lc07a&linktext=Economy%20of%20post-Soviet%20Russia
 
6. Legislative Drafting
US legislative drafting office for House of Reps with links to states:
http://legcoun.house.gov/drafting.html
Texas Manual: http://www.tlc.state.tx.us/legal/dm/contents.htm
Also for Texas: http://www.capitol.state.tx.us/capitol/legproc/summary.htm
 
Indian Bureau of Parliamentary Studies and Training (for comparison):
 http://www.parliamentofindia.nic.in/ls/intro/p10.htm
Project Dial (Development of the Internet for Asian Law)
 http://www2.austlii.edu.au/~graham/DIAL_Report/Report.html
International Law Institute list of online legislative drafting materials:

file:///C|/Documents%20and%20Settings/ramona/Desktop/files%20to%20fix/%23syl-poec6379.501.10s-@mjleaf-üu2366mu.htm[11/16/2009 9:14:08 AM]

Development Law

http://www.ili.org/ld/manuals.htm
Recording.
7. Land Reform/Development assistance/Water
Radical views: http://www.progress.org/land/
Short ODI paper on land reform: http://www.odi.org.uk/NRP/nrp6.html
Council on Foreign Relations website on land reform:
http://www.cfr.org/publication/9475/land_reform_revisited.html
I have a review of land reform in the different Indian states in Pragmatism and Development.
 Manchester University Peasant transformation site (with a lot of information on Mexico):
http://les.man.ac.uk/multimedia/Default.htm
American website (Arizona law firm) on Mexican land law (looks good):
http://www.mexicolaw.com/LawInfo02.htm
FAO review of contemporary land reform measures.
 
Wisconsin Land Tenure Center land reform in Mexico review: http://www.ies.wisc.edu/ltc/wp21.html
Good looking paper on land titling for ejidos:
http://www-econ.stanford.edu/academics/Honors_Theses/Theses_2004/Galeana.pdf
International Water Law Project
http://www.internationalwaterlaw.org./
One possible film on the Narbada project is Dam/Age. Aradhana Set. Icarus films.
Article in The Hindu on the dam. This is a major paper.
http://www.hindu.com/2006/04/17/stories/2006041715801500.htm
Two possible films are Drowned Out (Spanner Films, 75 minutes) and Narmada a Valley Rises about a protest march
against the dam.
 
8. Enforcement in the international context
The Charter of the UN. Chapter III defines the Organs, which include the Security Council. Chapter V describes the
Security Council. Chapters VI and VII, dealing with disputes and breaches of peace, describe its powers.
http://www.un.org/aboutun/charter/
 
This appears to be a report of the Carnegie Commission on Preventing Deadly Conflict, reviewing the sanctioning
powers of the UN and especially the SC:  http://wwics.si.edu/subsites/ccpdc/pubs/sum/ex.htm
 
International court of justice  http://www.icj-cij.org/
 
UN Security Council Resolutions on Iraq (archive of anti-sanctions group). http://www.casi.org.uk/info/scriraq.html
Chronology of sanctions on Libya:
http://www.iie.com/research/topics/sanctions/libya.cfm
 
The Adverse Consequences of Economic Sanctions on the Enjoyment of Human Rights.  This is a review of sanctions
with three case studies by the Global Policy Forum. 
It is probably too much for us to read, but looks good. GPF is an NGO recognized by the UN, both watchdog and
supporter.
http://www.globalpolicy.org/security/sanction/unreports/bossuyt.htm

9. WTO
WTO website:  http://www.wto.org/
Public Citizen.org. Opposition to WTO (one of many)
http://www.citizen.org/trade/wto/
Another: http://www.globalissues.org/TradeRelated/Seattle.asp
 
US Government site on WTO
http://usinfo.state.gov/ei/economic_issues/WTO.html
 

file:///C|/Documents%20and%20Settings/ramona/Desktop/files%20to%20fix/%23syl-poec6379.501.10s-@mjleaf-üu2366mu.htm[11/16/2009 9:14:08 AM]

Development Law

U of ChicagoLibrary site on WTO

http://www.lib.uchicago.edu/~llou/wto.html
 
10. Taxation
I am not finding what I thought I remembered as a taxation institute at Syracuse.  I’ll look some more, but meanwhile
the above is enough.
                          
Bibliography
Required:
Morris, Clarence. The Great Legal Philosophers. Pittsburg: U of Pittsburg Press.
Recommended:
 Lauren, Paul Gordon. 2003. The Evolution of International Human Rights. Philadelphia: U. of Pennsylvania Press.
(This is a truly excellent treatment of the topic.)
Vago, Steve. 2006. Law and Society. Eighth edition. Upper Saddle River, NJ: Pearson Prentice Hall.
 
Other sources on the web:
Yale Human Rights and Development Law Journal.
http://islandia.law.yale.edu/yhrdlj/
 
American Society of International law, including online resource guide.
http://www.asil.org/resource/Home.htm
 
International Water Law Project
http://www.internationalwaterlaw.org./
 
World Bank Law Resource Center
http://www.icj-cij.org/
 
Land related publications of WB at Law Resource Center:
http://publications.worldbank.org/ecommerce/catalog/simple-search?
has_results_p=1&search_type_to_pass=title&search_text=land
 
RECORDING PLAYBACK:
You should be able to play the class recordings back with the Windows Media Player. If you cannot, this is a site that
lets you download the Sony plugin for it:  http://www.sony.jp/products/overseas/contents/support/download/dl-ic128-
01.html
 
The following material is added in response to SACS accreditation requirements. While slightly inappropriate in an
advanced course of this type, it does no harm.
 
Grading Policy
The weighting of the assignments in the final grade is 30% for the class discussion assignments (you will do analytic reports and lead the
discussion) and 70% for the paper.
 
 
Course & Instructor Policies
Since the exams will be takehome, I cannot think of any possible reason to fail to hand it in on time.  There are no
“extra credit” or make-ups.   
 
 
No Field Trips
 
The following statements are standard for all syllabi and come from general UTD rules. They are required in response

file:///C|/Documents%20and%20Settings/ramona/Desktop/files%20to%20fix/%23syl-poec6379.501.10s-@mjleaf-üu2366mu.htm[11/16/2009 9:14:08 AM]

Development Law

to accreditation critiria of the Southern Association of Colleges and Schools.

Student Conduct & Discipline
 
The University of Texas System and The University of Texas at Dallas have rules and regulations for the orderly and efficient conduct of
their business.  It is the responsibility of each student and each student organization to be knowledgeable about the rules and regulations
which govern student conduct and activities.  General information on student conduct and discipline is contained in the UTD publication,
A to Z Guide, which is provided to all registered students each academic year.
 
The University of Texas at Dallas administers student discipline within the procedures of recognized and established due process. 
Procedures are defined and described in the Rules and Regulations, Board of Regents, The University of Texas System, Part 1, Chapter
VI, Section 3, and in Title V, Rules on Student Services and Activities of the university’s Handbook of Operating Procedures.  Copies of
these rules and regulations are available to students in the Office of the Dean of Students, where staff members are available to assist
students in interpreting the rules and regulations (SU 1.602, 972/883-6391).
 
A student at the university neither loses the rights nor escapes the responsibilities of citizenship.  He or she is expected to obey federal,
state, and local laws as well as the Regents’ Rules, university regulations, and administrative rules.  Students are subject to discipline for
violating the standards of conduct whether such conduct takes place on or off campus, or whether civil or criminal penalties are also
imposed for such conduct.
 
Academic Integrity
 
The faculty expects from its students a high level of responsibility and academic honesty.  Because the value of an academic degree
depends upon the absolute integrity of the work done by the student for that degree, it is imperative that a student demonstrate a high
standard of individual honor in his or her scholastic work.
 
Scholastic dishonesty includes, but is not limited to, statements, acts or omissions related to applications for enrollment or the award of a
degree, and/or the submission as one’s own work or material that is not one’s own.  As a general rule, scholastic dishonesty involves one
of the following acts:  cheating, plagiarism, collusion and/or falsifying academic records.  Students suspected of academic dishonesty are
subject to disciplinary proceedings.
 
Plagiarism, especially from the web, from portions of papers for other classes, and from any other source is unacceptable and will be dealt
with under the university’s policy on plagiarism (see general catalog for details).  This course will use the resources of turnitin.com,
which searches the web for possible plagiarism and is over 90% effective.
 
Email Use

The University of Texas at Dallas recognizes the value and efficiency of communication between faculty/staff and students through
electronic mail. At the same time, email raises some issues concerning security and the identity of each individual in an email exchange.
 The university encourages all official student email correspondence be sent only to a student’s U.T. Dallas email address and that faculty
and staff consider email from students official only if it originates from a UTD student account. This allows the university to maintain a
high degree of confidence in the identity of all individual corresponding and the security of the transmitted information.  UTD furnishes
each student with a free email account that is to be used in all communication with university personnel. The Department of Information
Resources at U.T. Dallas provides a method for students to have their U.T. Dallas mail forwarded to other accounts.

Withdrawal from Class

 
The administration of this institution has set deadlines for withdrawal of any college-level courses. These dates and times are published in
that semester's course catalog. Administration procedures must be followed. It is the student's responsibility to handle withdrawal
requirements from any class. In other words, I cannot drop or withdraw any student. You must do the proper paperwork to ensure that you
will not receive a final grade of "F" in a course if you choose not to attend the class once you are enrolled.
 
Student Grievance Procedures
 
Procedures for student grievances are found in Title V, Rules on Student Services and Activities, of the university’s Handbook of
Operating Procedures.
 
In attempting to resolve any student grievance regarding grades, evaluations, or other fulfillments of academic responsibility, it is the
obligation of the student first to make a serious effort to resolve the matter with the instructor, supervisor, administrator, or committee
with whom the grievance originates (hereafter called “the respondent”).  Individual faculty members retain primary responsibility for

file:///C|/Documents%20and%20Settings/ramona/Desktop/files%20to%20fix/%23syl-poec6379.501.10s-@mjleaf-üu2366mu.htm[11/16/2009 9:14:08 AM]

Development Law

assigning grades and evaluations.  If the matter cannot be resolved at that level, the grievance must be submitted in writing to the
respondent with a copy of the respondent’s School Dean.  If the matter is not resolved by the written response provided by the respondent,
the student may submit a written appeal to the School Dean.  If the grievance is not resolved by the School Dean’s decision, the student
may make a written appeal to the Dean of Graduate or Undergraduate Education, and the deal will appoint and convene an Academic
Appeals Panel.  The decision of the Academic Appeals Panel is final.  The results of the academic appeals process will be distributed to
all involved parties.
 
Copies of these rules and regulations are available to students in the Office of the Dean of Students, where staff members are available to
assist students in interpreting the rules and regulations.
 
Incomplete Grade Policy
 
As per university policy, incomplete grades will be granted only for work unavoidably missed at the semester’s end and only if 70% of the
course work has been completed.  An incomplete grade must be resolved within eight (8) weeks from the first day of the subsequent long
semester.  If the required work to complete the course and to remove the incomplete grade is not submitted by the specified deadline, the
incomplete grade is changed automatically to a grade of F.
 
Disability Services
 
The goal of Disability Services is to provide students with disabilities educational opportunities equal to those of their non-disabled peers.
 Disability Services is located in room 1.610 in the Student Union.  Office hours are Monday and Thursday, 8:30 a.m. to 6:30 p.m.;
Tuesday and Wednesday, 8:30 a.m. to 7:30 p.m.; and Friday, 8:30 a.m. to 5:30 p.m.
 
The contact information for the Office of Disability Services is:
The University of Texas at Dallas, SU 22
PO Box 830688
Richardson, Texas 75083-0688
(972) 883-2098 (voice or TTY)
 
Essentially, the law requires that colleges and universities make those reasonable adjustments necessary to eliminate discrimination on the
basis of disability.  For example, it may be necessary to remove classroom prohibitions against tape recorders or animals (in the case of
dog guides) for students who are blind.  Occasionally an assignment requirement may be substituted (for example, a research paper versus
an oral presentation for a student who is hearing impaired).  Classes enrolled students with mobility impairments may have to be
rescheduled in accessible facilities.  The college or university may need to provide special services such as registration, note-taking, or
mobility assistance.
 
It is the student’s responsibility to notify his or her professors of the need for such an accommodation.  Disability Services provides
students with letters to present to faculty members to verify that the student has a disability and needs accommodations.  Individuals
requiring special accommodation should contact the professor after class or during office hours.
 
Religious Holy Days

The University of Texas at Dallas will excuse a student from class or other required activities for the travel to and observance of a
religious holy day for a religion whose places of worship are exempt from property tax under Section 11.20, Tax Code, Texas Code
Annotated.

The student is encouraged to notify the instructor or activity sponsor as soon as possible regarding the absence, preferably in advance of
the assignment.  The student, so excused, will be allowed to take the exam or complete the assignment within a reasonable time after the
absence: a period equal to the length of the absence, up to a maximum of one week. A student who notifies the instructor and completes
any missed exam or assignment may not be penalized for the absence. A student who fails to complete the exam or assignment within the
prescribed period may receive a failing grade for that exam or assignment.

If a student or an instructor disagrees about the nature of the absence [i.e., for the purpose of observing a religious holy day] or if there is
similar disagreement about whether the student has been given a reasonable time to complete any missed assignments or examinations,
either the student or the instructor may request a ruling from the chief executive officer of the institution, or his or her designee. The chief
executive officer or designee must take into account the legislative intent of TEC 51.911(b), and the student and instructor will abide by
the decision of the chief executive officer or designee.

These descriptions and timelines are subject to change at the discretion of the Professor.
 

file:///C|/Documents%20and%20Settings/ramona/Desktop/files%20to%20fix/%23syl-poec6379.501.10s-@mjleaf-üu2366mu.htm[11/16/2009 9:14:08 AM]

Development Law

file:///C|/Documents%20and%20Settings/ramona/Desktop/files%20to%20fix/%23syl-poec6379.501.10s-@mjleaf-üu2366mu.htm[11/16/2009 9:14:08 AM]