There is broad recognition, across the political spectrum and in both 'northern' and 'southern' countries, that justice reform, and more generally the promotion of the 'rule of law', are central to development policy, particularly in conflict-affected, fragile and violent contexts. More recently an increased focus on global security and the interaction between security and development as put a renewed emphasis on such efforts.
Extreme fragile situations are now home to at least a quarter of the worlds people. In the worst cases, where fragility has given way to open violence - people are more than twice as likely to be malnourished, more than three times as likely to be unable to send their children to school, twice as likely to see their children die before age five, and more than twice as likely to lack clean water. It is unsurprising that not a single low-income country in these circumstances has been able to achieve even one Millennium Development Goal (World Bank 2011).
Doing business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 10 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency.
The purpose of this paper is to contribute to theunderstanding and discussion of how the costs andbenefits of natural resource development are sharedacross society. This paper presents how IFC, as both aninvestor and a development organization, determineswhether benefits and costs are shared reasonably, and how this assessment influences IFC’s decision to invest ina particular natural resource project. the goal of the paper is to promotea broad, constructive dialogue across stakeholders—governments, investors, civil society, and others—around benefit sharing.
A country’s legal and judicial environment can help or hinder access to credit. In addition to the banking law governing the organization of the sector, the operations of credit institutions are subject to several laws. Four components of Malian business law are particularly relevant in assessing the position of creditors, the law on secured transactions, the law on collective proceedings, the law on information-sharing related to debtors (sometimes called the credit reporting law), and the law on collection and enforcement proceedings.
Este relatório considera um dos aspectos práticos mais importantes da participação
local na Lei de Terras e outra legislação sobre recursos naturais: a consulta
comunitária, através da qual os estranhos – o Estado, novos investidores, empresas
madeireiras, grupos de hotéis – obtêm acesso à terra e recursos locais com a
Government is frequently charged with failing to finalise key policies relating to traditional authorities, for example, local government roles and functions, and communal land tenure. Whilst it is true that important issues remain unresolved, it is also true that the issues themselves are very complex and that some have become so politicised that rational debate is hindered. This section addresses some of these policy areas in a manner which hopefully enables rational debates and viable solutions.
Customary Law has been a subordinate element in the South African legal order in that it was subject to state legislation, certain Courts could not take judicial notice of it, and it could be applied only if compatible with principles of public policy and natural justice. These were the requirements of the so-called “Repugnancy Proviso”. In addition customary law was subordinate to Roman-Dutch common law and the common law provided the model to which customary law was expected to conform. In fact all legal analysis or comments on customary law are mediated by western legal categories.
The idea that properly designed environmental regulations can improve a firm's competitiveness while simultaneously contributing to a cleaner environment through the development of so-called 'win-win' innovations (i.e., that reduce environmental damage while simultaneously increasing profits) is usually credited to Porter (1991). Numerous studies have since attempted to assess the validity of the concept, with mixed results.