1 Law & Dev. Rev. 1 (2008)

handle is hein.journals/ldevr1 and id is 1 raw text is: 





Editors: Foreword


     In publishing this memorable inaugural issue of the Law and Development
Review  (LDR), the editors wish to make a few remarks on the purpose of this new
journal and its future directions. Indeed, in this age of information explosion, the
launch of a new journal may call for some justification.
     The  LDR  has been started to promote law and development scholarship, that
is, studies that explore the impact of law, both domestic and international, on
economic   and  social development. While   there are a  number  of journals
developed  to the subject of development, there are few solely focused on the
theme  of law and  development. A  separate journal is necessitated by several
factors.
     First, since its inception in the 1960s, the law and development movement
has gone  through several phases both in terms of the conceptualization of the
relationship between law  and development   and the determination of the
content of each. These different phases have not been adequately studied in terms
of the lessons they offer, specially to States and peoples in the developing world.
     Second, the number  of organizations, governmental and non-governmental,
involved  with  law  and  development  initiatives, or having an  impact  on
development, have increased calling for an understanding and assessment of their
role. Thus, for instance, the regulatory framework for international trade, as
currently embodied in the World Trade Organization (WTO), has growing impact
on  the economic  development of developing  countries requiring a continuous
evaluation of WTO  law.
     Third,  since the  adoption of  the  UN   Declaration on  the Right  to
Development,   1986 and  the Vienna  Declaration of Human   Rights, 1993 the
relationship between law and development has increasingly come to be examined
in the matrix of international human rights law giving rise to a distinct literature
on the subject that calls for analysis.
     Fourth, first world academic journals devoted to development studies tend to
accord relatively less space to the perspectives and concerns of third world states
and  peoples. LDR  is hoping  to remedy  this situation by actively publishing
excellent scholarship from developing countries as well as from developed ones.
     In sum, LDR  hopes  to be a forum where views and perspectives from both
developing and developed  worlds, on different aspects of law and development,
are exchanged  generating a truly global scholarship on the subject. We will of
course strive to maintain the highest academic quality for the journal; all articles
will go through a rigorous peer review selection process.
     The  articles for the inaugural issue, except one, address the impact of
international economic law on economic  development. The  lead article by B.S.
Chimni  addresses the broader theme of law and development  through critically
exploring parallels between Amartya Sen's conceptualization of development as
freedom,  the  most  widely  accepted  understanding  of development,   and


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