Zeitschrift

Law and Development Review

Editor-in-Chief: Y. S. Lee

Sprache: Englisch

Erstveröffentlichung: 1. Januar 2008

Erscheinungsweise: 2 Hefte pro Jahr

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Objective
The Law and Development Review (LDR) is distinguished from other law and economics journals in that its primary focus is the development aspects of international and domestic legal orders. Economic development concerns not only the interests of developing countries but also the economic future and the security of developed countries.

The journal helps exchange views globally on this important subject, particularly on the gap between the developed and developing worlds. LDR helps facilitate future global negotiations concerning the economic development of developing countries and sets out future directions for law and development studies.

The journal seeks top-quality articles on law and development issues broadly, particularly from the developing world as well as from the developed world. LDR’s editorial board includes top scholars and professionals from all parts of the developed and developing worlds.

The LDR is sponsored by the Law and Development Institute. For more information please visit the Institute's website.

News
The Editor of the LDR, Prof. Y.S. Lee, published the new edition of the treatise on law and development entitled, "Law and Development: Theory and Practice (Second Edition)". Please follow the link for more information: https://www.routledge.com/Law-and-Development-Theory-and-Practice/Lee/p/book/9780367546854.

The Law and Development Institute and the University of Hawai‘i at Mānoa, William S. Richardson School of Law will co-host the 2025 Law and Development Conference on December 5-6, 2025 in Honolulu, Hawai‘i. The conference will explore how both international and domestic legal frameworks contribute to development, with a particular emphasis on sustainability concerns. We call for papers (https://lawanddevelopment.net/wp-content/uploads/2024/09/2025_Call_for_Papers.pdf). We ask all interested speakers to submit one-page paper abstracts by May 1, 2025.

The Editor of LDR, Prof. Y.S. Lee published a new book, Sustainable Peace in Northeast Asia (Anthem Press, 2023). The book examines the political, economic, and historical causes of constant tensions in Northeast Asia and explores a lasting solution from the perspective of each constituent country in the region. Please follow the link for more information: https://anthempress.com/sustainable-peace-in-northeast-asia-hb.

Topics

• Law and development
• Developing countries
• Economic development issues in developed countries
• Law, institutions, and economic development
• National and economic security

Article formats
Scholarly articles, comments and reviews

Ihre Vorteile

Free Access Available!

Interested readers can access LDR full content for free: Simply go to https://www.degruyter.com/accessLink/ACCESSLDR (ACCESSLDR). You will then have free access to all articles. Note: you will need to register or have a registered user account with De Gruyter to access free access token link.

Similar links are provided on select De Gruyter titles so that you can enjoy access to a number of De Gruyter law and economics journals.

Further benefits:

Special attention to development aspects of international and domestic legal orders
Globally important subject
Top international reviewers

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Lithium Governance in the Lithium Triangle and the Goal of Achieving Sustainable Development: Where is it Heading?

1. Oktober 2025

Tomas Kukulis Montes

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The rhetoric of sustainable development has emerged as a primary consideration in governance, particularly in relation to natural resources. Lithium, for its part, is a critical mineral in the goal of decarbonisation and energy transition driven by the 2030 Agenda and the Paris Agreement, which is embedded in the broader context of the transition to a ‘green economy’. The countries of the Lithium Triangle – Bolivia, Argentina and Chile – with 50 % of the world’s lithium reserves, are positioned as key players in this objective. The major powers are seeking supplies of this critical resource to meet their energy and economic objectives as part of the energy transition and have therefore adopted various geopolitical and geoeconomic measures to secure supplies of this mineral. The countries of the lithium triangle want to use this strategic resource to move closer to development through the exploitation and subsequent production of the resource and value-added products. However, lithium extraction generates serious social and environmental tensions that need to be urgently addressed. This article develops a comparative analysis of the lithium governance models of the Lithium Triangle countries and their alignment with the sustainable development framework. This is done through an analysis of the epistemological basis of sustainable development, followed by a cross-pillar (economic, social and environmental) examination of the governance models of these countries. The aim of this study is to highlight the contributions and challenges of lithium governance for the lithium triangle countries and the planet within an integrated framework of sustainable development analysis.
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From Odious Debt to Odious Investment: Rethinking Investor Accountability in International Law

19. August 2025

Jure Zrilič

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The odious debt doctrine holds that sovereign debts incurred for illegitimate purposes, such as human rights abuses or the personal enrichment of rulers, should not bind successor governments. Although its legal status remains contested, the doctrine has been invoked in various cases where prior regimes misused borrowed funds. This article considers whether similar principles can be applied to foreign investment, particularly when investors support oppressive regimes or engage in harmful activities. It examines how arbitration tribunals have addressed investor misconduct and argues that the reasoning in several arbitral awards points to an emerging doctrine of “odious investment,” justifying the repudiation or limitation of investment treaty obligations with odious investors. Recognizing such a doctrine would provide a legal basis for states to challenge investor claims while also offering a new interpretive and discursive framework for shaping legal arguments and policy. By bridging the fields of sovereign debt and international investment law, the article calls for a systematic approach to investor accountability and the legal consequences of odious financing.
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Africanization of International Investment Law and Sustainable Development: Conceptualizing Sustainable Development Within the Framework of Africa’s Investment Law Reforms

12. August 2025

Gideon Odionu

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Africanization of international investment law (IIL) refers to efforts by African States to reform the international investment regime to suit Africa’s interests. Innovative international investment agreements, like the draft investment protocol of the African Continental Free Trade Area (AfCFTA), exemplify this trend. These agreements aim to promote investments that support the sustainable development of African States. However, sustainable development remains obscure within both scholarly literature and in the context of the African IIL reforms. While most of the innovative African agreements foreground sustainable development, its meaning and scope are unclear in those agreements. Consequently, this paper advances a conceptualization of sustainable development that is consistent with the principles underlying the International Law Association’s 2002 New Delhi Declaration, and the Sustainable Development Goals (SDGs), particularly SDGs 12 and 13. While sustainable development should not be understood as a fixed concept, but rather as a dynamic and contextual process, the principles underlying the International Law Association (ILA) Declaration and the SDGs provide a clear, flexible, and adaptable framework for clarifying the meaning of sustainable development in the Africanized instruments and creating opportunities to combat climate change. They also facilitate coherence in the integration and implementation of sustainable development in African IIL reforms. However, the paper does not suggest that the ILA Declaration and the SDGs offer a conclusive set of standards and principles.
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Deciphering Developmentalism: A Legal-Economic Examination of Indonesia’s Administration

5. Mai 2025

Victor Imanuel W. Nalle

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This paper analyses the development of Indonesia’s legal and economic frameworks from the Soekarno era through the presidency of Joko Widodo (Jokowi), with a focus on the intersection of legal reforms, investment policies, and developmentalism. Under President Soekarno, the legal framework reflected a nationalist approach that limited foreign investment, while the New Order era, although initially marked by economic growth, suffered from systemic corruption and inconsistent policy enforcement. The post-Reformasi era saw significant legal changes aimed at decentralization, but these efforts led to regulatory fragmentation and conflicting legal norms at the regional and central levels, undermining investment climate stability. Jokowi’s administration has continued the developmentalist agenda, emphasizing deregulation and debureaucratization to improve the legal and regulatory environment for investment. However, despite these legal reforms, challenges persist, including overlapping regulations and inconsistent legal implementation. Furthermore, Jokowi’s approach to developmentalism has raised concerns regarding the erosion of human rights protections and democratic principles, echoing historical patterns of legal and economic centralization. The paper concludes that, while legal reforms have made progress in facilitating investment, further harmonization and institutional strengthening of the legal system are necessary to achieve sustainable economic development while safeguarding democratic governance and human rights in Indonesia.
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The Investment Protocol of the African Continental Free Trade Area and the Right to Development: An Analysis of Opportunities and Challenges Ahead

22. April 2025

Mohammadreza Jodyvash

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This article examines the implementation of the right to development in the AfCFTA Investment Protocol using an inductive approach. The protocol prioritizes sustainable and inclusive development, offering a novel framework for regulating foreign investments that balances national and regional interests with social and environmental responsibility. Articles 28 and 35 highlight the dual right of host states to regulate investments for development and address developmental disparities. Additionally, Article 31 underscores investors’ obligations to uphold human rights, labor standards, and environmental protection. By providing preferential treatment for local communities and minorities and requiring investors to align with sustainable development goals, the protocol plays a crucial role in protecting marginalized groups. Within this framework, the African Court on Human and Peoples’ Rights exercises its supervisory role to ensure the realization of these rights, while future arbitration mechanisms emphasize transparency and accountability. The protocol redefines traditional principles of international investment law, offering a model for investment governance that harmonizes economic freedom with social justice and environmental sustainability.
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Digital Transformation Influencing Civil Administrative Services at Grassroots Governance and Social Development

22. April 2025

Uyen Thi To Doan, Hung Manh Chu, Tuan Van Vu

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Developing countries have implemented their digital transformation initiatives thoroughly, particularly in the context of public services, but those countries have undergone daunting challenges such as digital inclusion, data governance, cybersecurity, and service interoperability in the process. This qualitative study employed a structural comparative legal approach, examining international frameworks such as the OECD Digital Government Index, the EU Digital Government Strategy, and the UN e-Government Survey 2024 to compare and contrast the current exemplified Vietnam’s e-Government initiatives. In addition, secondary quantitative data were systematically analyzed using the most-similar and most-different systems design to evaluate Vietnam’s National Digital Transformation Program at the grassroots governance level compared with international benchmarks. The results reveal that although Vietnam’s digital transformation has gained significantly with the development of international digital transformation frameworks in terms of e-Government services, challenges such as limited digital infrastructure, the digital divide, and cybersecurity gaps still exist, particularly in rural areas. Developing countries like Vietnam must invest in digital infrastructure, address digital literacy gaps, adopt interoperable systems, and strengthen data governance to enhance grassroots governance. It is also advisable for developing countries like Vietnam to comply with global frameworks and foster public–private collaboration so that they could achieve a more inclusive and efficient digital governance model to improve public service delivery, transparency, and social inclusion.
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Reconciling Multi-Level Rights-Based Commitments in Development: Assessing the Legal and Administrative Imperatives of Responding to Education, Health Care, and Environment Protection Challenges

14. April 2025

Bernice Nuerkey Narh, Michael Woolcock

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The principles of sovereignty, equality, and self-determination – which have long been the basis for nonintervention in the affairs of sovereign states – have more recently been widened to condemn outside interference by national governments in the affairs of indigenous communities within their territories. These same principles, however, may equally be employed as arguments by sovereign states to justify their engagement in the affairs of indigenous communities residing within their borders, thereby creating the potential for considerable legal, ethical, and political tension. States are urged to respect the autonomy of indigenous people as well as their right to develop, preserve and transmit their history, traditions, and values to future generations; yet states also owe obligations towards indigenous people to facilitate their enjoyment of certain established rights, even as the provision of these obligations may be incompatible with indigenous peoples’ established practices, values, interests, priorities, and beliefs. Multilateral agencies face a similar dilemma in their engagements with national governments: when to respect the sovereignty of national governments and when to champion international law and covenants (e.g., regarding the rights of women and sexual minorities)? Drawing on cases from education, health care, and environment protection, this paper proposes an analytical framework for articulating and reconciling multi-level rights-based development commitments in low-income countries, where the presence of multilateral agencies and intensifying imperatives to attain global development goals generates forces exacerbating (potentially) competing national and sub-national obligations. The paper juxtaposes the relationship between states and multilateral against the relationship between national governments and indigenous groups in exploring the question of whether the principles of international law can be extended to indigenous peoples in the same degree.
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China’s Global Development Initiative and the 2030 Agenda: Natural Companions or Uncomfortable Bedfellows

17. März 2025

Francesca Farrington, Nandini Ramanujam

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In September 2021, the Chinese government launched the Global Development Initiative (GDI), a program aimed at financing the 2030 Agenda and promoting greener and more sustainable development. This article analyses the compatibility of the GDI with the 2030 Agenda, identifying points of convergence and departure. Despite the GDI’s rhetorical packaging as human-rights based and people-centred, the GDI appears to represent a predominantly needs-based approach to development focused on improving socio-economic wellbeing through targeted poverty alleviation programs. While the GDI is most likely to excel in the area of poverty alleviation, this article cautions that the decoupling of institutions and governance from development may prevent China from translating its investment in material wellbeing into long-run development in states with poor governance and weak institutions.
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Charting a Functionalist Business-Centred Approach to Sustainable Development Goal 16.3 Through Business-to-Business Arbitration

14. Februar 2025

Dorcas O. Taiwo

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The aim of this article is to establish a link between business-to-business arbitration and sustainable development, and to demonstrate the potential impact of a functionalist business-centred approach to this relationship. While the United Nations Sustainable Development Agenda 2030 acknowledges the importance of civil access to justice for sustainable development, it does not fully define access to justice, thereby leaving open to interpretation what types of alternative dispute resolution mechanisms Agenda 2030 envisages, and which parties should have access to them. Building on Cappelletti and Garth’s work on waves of access to justice, the article proposes a ‘functionalist business-centred approach’ to access to justice. Using legal functionalism, this article argues for a novel interpretation of access to justice in the sustainable development discourse that would expressly include business-to-business arbitration as a civil justice institution on the premise that without business-to-business arbitration, access to justice as a sustainable development goal as expressed in SDG 16.3 cannot be fully actualised.

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Special Issue: Law and Development Post the Pandemic (Part 2); Guest Editor: Andrew James Harding

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Special Issue: Law and Development Post the Pandemic; Guest Editor: Andrew James Harding

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Special Issue: Law and Sustainable Development

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Special Issue: International Courts and Social Justice

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Special Issue: Law and Development in High-Income Countries; Guest Editor: Hans-Bernd Schäfer

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Special Issue (2020): Law and Development in the Islamic World; Guest Editor: Salim Farrar

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Special Issue (2019): Constitutionalism and Development, Guest Editor: Maartje De Visser

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Special Issue (2019): Law and Development: Theory and Practice, Guest Editor: Philipp Dann

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Special Issue (2018): Law and Development in Africa, Guest Editors: Ada Ordor and Faizel Ismail

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Special Issue (2017): Law and Development: The Global South Perspective

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Special Issue (2016): Law and Development: What’s Next?

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Special Issue (2015): New Directions for Law and Development Studies

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Special Issue (2014): Law and Development Perspective of International Land Acquisitions

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Special Issue (2013): Integrating Africa Into The World Economy Through International Economic Law

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Special Issue (2012): Microtrade - A New System of International Trade for Poverty Alleviation

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Legal Measures Against Corruption in Africa: Principles, Politics, Prospects

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Special Issue (2011): The Law and Development Institute 2010 Inaugural Conference

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Special Issue (2010): New Voices from Emerging Powers - Brazil and India

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Special Inaugural Issue (2008)

Die Zeitschrift Law and Development Review veröffentlicht Sonder- und Themenhefte, die sich auf wichtige und neu aufkommende Themen im Bereich der Forschung konzentrieren. Die Zeitschrift hat ein strenges Verfahren eingeführt, um sicherzustellen, dass alle Manuskripte für Sonderausgaben denselben Qualitätsstandards und Peer-Review-Verfahren unterliegen wie reguläre Manuskripte. Weitere Informationen über die Peer-Review-Politik der Zeitschrift finden Sie in den "Hinweisen für Autoren".

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Editor-In-Chief
Y. S. Lee, The Law and Development Institute, USA

Editorial Board Members
William Alford, Harvard Law School, USA
Douglas Arner, University of Hong Kong Faculty of Law, Hong Kong
Tomer Broude, Faculty of Law and Department of International Relations, Hebrew University of Jerusalem
Julien Chaisse, City University of Hong Kong School of Law, Hong Kong
Ha-Joon Chang, Faculty of Economics, University of Cambridge, U.K.
Won-Mok Choi, College of Law, Ewha Womans University, South Korea
Robert Cooter, University of California at Berkeley School of Law, USA
Diogo Coutinho, University of São Paulo, Brazil
Philipp Dann, Humboldt University Faculty of Law, Germany
Simon Deakin, University of Cambridge Faculty of Law, U.K.
Melaku Desta, University of Leicester School of Law, U.K.
Salim Farrar, University of Sydney Law School, Australia
James Gathii, Loyola University Chicago School of Law, USA
Gary Horlick, former head of U.S. Department of Commerce Import Administration, USA
William Hubbard, University of Chicago Law School
David Kennedy, European Law Research Center, Harvard Law School, USA
Andrew Lang, School of Law, Edinburgh University, U.K.
Chang Hee Lee, School of Law, Seoul National University, South Korea
Jai S. Mah, Graduate School of International Studies, Ewha Womans University, South Korea
Mitsuo Matsushita, University of Tokyo Faculty of Law, and former member of the WTO Appellate Body, Japan
Petros Mavroidis, Columbia Law School, University of Neuchatel, and CEPR, USA
Bryan Mercurio, Chinese University of Hong Kong School of Law, Hong Kong
Junji Nakagawa, Institute of Social Science, University of Tokyo, Japan
Andreas Neef, University of Auckland, Development Studies, Australia
Colin Picker, University of Wollongong Faculty of Law, Australia
Balakrishnan Rajagopal, Massachusetts Institute of Technology, International Development Group, USA
Dani Rodrik, Kennedy School of Government, Harvard University, USA
Susan Rose-Ackerman, Law School and Department of Political Science, Yale University, USA
Alvaro Santos, Georgetown University Law Center, USA
Alan O. Sykes, Stanford Law School, USA
Yasuhei Taniguchi, Kyoto University, and former member of the WTO Appellate Body, Japan
Veronica Taylor, Australian National University, Australia
Joel Trachtman, The Fletcher School, Tufts University, USA
Michael Trebilcock, University of Toronto Law School, Canada
Edwin Vermulst, Partner, Vermulst, Verhaeghe, and Graafsma and Editor-in-Chief, Journal of World Trade, Brussels
Jiangyu Wang, City University of Hong Kong, School of Law, Hong Kong
Klaus Ziegert, University of Sydney Law School, Australia

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1943-3867

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2194-6523

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Erstveröffentlichung:

1. Januar 2008

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2 Hefte pro Jahr

eISSN: 1943-3867

ISSN: 2194-6523

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