Journal articles: 'Development finance law'

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Dann, Philipp. "Institutional Law and Development Governance: An Introduction." Law and Development Review 12, no. 2 (May 27, 2019): 537–60. http://dx.doi.org/10.1515/ldr-2019-0021.

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Abstract This paper argues that the intersection of international institutional law and “law-and-development” studies provides a rich field of themes that help to understand inequality and agency in the global order. It sketches a first overview of how this field could be understood and analysed, describing characteristics, principles and scholarly approaches to the field, some structural features (institutions and finances) as well as central mechanisms and instruments. Dealing with the distribution of power, finance and knowledge, it is an obvious object for a variety of scholarly approaches, in particular critical legal and public law scholarship.

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Grassa, Rihab, and Kaouthar Gazdar. "Law and Islamic finance: How legal origins affect Islamic finance development?" Borsa Istanbul Review 14, no. 3 (September 2014): 158–66. http://dx.doi.org/10.1016/j.bir.2014.05.001.

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Ginting, Edimon. "The state finance law: overlooked and undervalued." Bulletin of Indonesian Economic Studies 39, no. 3 (December 2003): 353–57. http://dx.doi.org/10.1080/0007491032000142791.

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Sarkar, P., and A. Singh. "Law, finance and development: further analyses of longitudinal data." Cambridge Journal of Economics 34, no. 2 (September 26, 2009): 325–46. http://dx.doi.org/10.1093/cje/bep055.

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Malmendier, Ulrike. "Law and Finance “at the Origin”." Journal of Economic Literature 47, no. 4 (December 1, 2009): 1076–108. http://dx.doi.org/10.1257/jel.47.4.1076.

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What are the key determinants of financial development and growth? A large literature debates the relative importance of countries' legal and political environment. In this paper, I present evidence from ancient Rome, where an early form of shareholder company, the societas publicanorum, developed. I show that the societas publicanorum flourished in a legally underdeveloped but politically supportive environment (Roman Republic) and disappeared when Roman law reached its height of legal sophistication but the political environment grew less supportive (Roman Empire). In the Roman case, legal development appears to have mattered little as long as the law as practiced was flexible and adapted to economic needs. The “law as practiced,” in turn, reflected prevalent political interests. After discussing parallels in more recent history, I provide a brief overview of the literature on law and finance and on politics and finance. The historical evidence suggests that legal systems may be less of a technological constraint for growth than previously thought—at least “at the origin.” (JEL D72, K10, N23, N43)

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Lee, Il-Ho. "The Development of and Perspectives on Climate Finance in International Climate Change Law." Korean Journal of International Economic Law 15, no. 3 (November 30, 2017): 213–50. http://dx.doi.org/10.46271/kjiel.2017.11.15.3.213.

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Hu, Jian Bo. "Experience and Enlightenment of American Internet Finance Supervision." Advanced Materials Research 989-994 (July 2014): 5254–57. http://dx.doi.org/10.4028/www.scientific.net/amr.989-994.5254.

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Emerging internet finance is a general term that based on the internet and formation of financing activities.Internet finance promotes national economic development and at the same time also increases the instability of financial markets. The internet finane except with traditional financial risk types, also brings new risks, such as technical risk, special law and system risk,information security risk, etc. In our country, there are no special laws and supervision to regulate and govern on internet finance, and also have no special department plan and support its development.The United States’s finance is more developed, and the internet finance concept is widely popular and traditional bank network degree is more perfect. Based on this, the experience of the internet finance development and supervision of USA,which will undoubtedly have important strategic significance and practical application value to promote the internet finance healthy and orderly development in China.

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Coyle, Christopher, Aldo Musacchio, and John D. Turner. "Law and finance in Britain c.1900." Financial History Review 26, no. 3 (October 22, 2019): 267–93. http://dx.doi.org/10.1017/s0968565019000179.

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In this article, using new estimates of the size of the UK's capital market, we examine financial development and investor protection laws in Britain c.1900 to test the influential law and finance hypothesis. Our evidence suggests that there was not a close correlation between financial development and investor protection laws c.1900 and that the size of the UK's share market is a puzzle given the paucity of statutory investor protection. To illustrate that Britain was not unique in its approach to investor protection in this era, we examine investor protection laws across legal families c.1900.

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KimDaein. "Local Government’s Contract Law & Private Finance Initiative Law in “Regional Development” Context." Local Government Law Journal 9, no. 2 (June 2009): 247–72. http://dx.doi.org/10.21333/lglj.2009.9.2.009.

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Cheffins, Brian R., Steven A. Bank, and Harwell Wells. "Questioning ‘law and finance’: US stock market development, 1930–70." Business History 55, no. 4 (June 2013): 601–19. http://dx.doi.org/10.1080/00076791.2012.741974.

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Toci, Valentin, and Iraj Hashi. "Law Enforcement Proxies Matter for the Law and Finance Nexus." International Journal of Finance & Banking Studies (2147-4486) 2, no. 3 (July 21, 2013): 57–75. http://dx.doi.org/10.20525/ijfbs.v2i3.154.

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The paper employs various measures of law enforcement to provide new evidence on the importance of legal institutions for different dimensions of financial development in transition economies. It offers a critical assessment of law enforcement measures employed in recent studies by showing that some proxies for law enforcement in the credit market may not be appropriate. Hence, care should be taken in how the quality of institutions is measured and the context which it represents. An original approach to measuring law enforcement in the credit market is developed by embodying the legal theory of dispute resolution and assessing this approach by collecting primary data for Kosovo. The findings suggest that Kosovo compares well with countries in the region andother transition economies in terms of the enforcement of creditor rights.

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Zahar, Alexander. "The Paris Agreement and the Gradual Development of a Law on Climate Finance." Climate Law 6, no. 1-2 (May 6, 2016): 75–90. http://dx.doi.org/10.1163/18786561-00601005.

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The article discusses the changes to the field of climate finance law contained in the Paris Outcome, consisting of the Paris Agreement treaty text and the cop Decision adopting the treaty. The changes are mainly of a procedural kind and relate to reporting and review of climate finance supplied or received, and to mechanisms that raise climate finance. The substantive part (i.e. the obligations on the amount to be supplied, which rest with developed countries only) is left largely unchanged by the Paris Outcome, although for the first time in a climate treaty, state obligations relating to climate finance are linked to avoidance of the 2°C warming threshold.

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Toci, Valentin, and Iraj Hashi. "Law Enforcement Proxies Matter for the Law and Finance Nexus." International Journal of Finance & Banking Studies (2147-4486) 2, no. 3 (January 17, 2016): 57. http://dx.doi.org/10.20525/.v2i3.154.

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<p>The paper employs various measures of law enforcement to provide new evidence on the importance of legal institutions for different dimensions of financial development in transition economies. It offers a critical assessment of law enforcement measures employed in recent studies by showing that some proxies for law enforcement in the credit market may not be appropriate. Hence, care should be taken in how the quality of institutions is measured and the context which it represents. An original approach to measuring law enforcement in the credit market is developed by embodying the legal theory of dispute resolution and assessing this approach by collecting primary data for Kosovo. The findings suggest that Kosovo compares well with countries in the region and other transition economies in terms of the enforcement of creditor rights.</p>

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Khare, Arvind, Sara Scherr, Augusta Molnar, and Andy White. "Forest Finance, Development Cooperation and Future Options." Review of European Community and International Environmental Law 14, no. 3 (November 2005): 247–54. http://dx.doi.org/10.1111/j.1467-9388.2005.00446.x.

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Aljaber, Maher J., Asma M. Al-Raqqad, Ali A. Alzubi, and Asma Ghnimat. "The Legal Provisions Regulating the Finance Lease Contract under the Jordanian Finance Lease Law." Journal of Politics and Law 14, no. 1 (December 31, 2020): 83. http://dx.doi.org/10.5539/jpl.v14n1p83.

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Finance lease is considered a very important method in advanced countries for funding enterprises. It enables facilities to achieve development, growth, and increases productivity. It facilitates the process of getting funds that shall be used for achieving development and using technology. The present study aimed to explore the stand of the Jordanian legislator on the finance lease contract. That is done through shedding a light on thematic and formal requirements of concluding this contract. The researchers aimed to identify the rights and obligations of the lessor and the lessee under the finance lease contract. These things are explored through adopting an analytical approach. Through adopting this approach, the researchers aimed to analyze several legislative texts in the Jordanian Civil Law and the Jordanian Finance Lease Contract Law.

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Gallagher, Kevin P., Rohini Kamal, Junda Jin, Yanning Chen, and Xinyue Ma. "Energizing development finance? The benefits and risks of China's development finance in the global energy sector." Energy Policy 122 (November 2018): 313–21. http://dx.doi.org/10.1016/j.enpol.2018.06.009.

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Baxter, Jamie. "Leadership, Law and Development." Law and Development Review 12, no. 1 (January 28, 2019): 119–58. http://dx.doi.org/10.1515/ldr-2018-0046.

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Abstract This article critically examines the role of political leadership in shaping and sustaining institutional reforms. While leadership has recently attracted a great deal of attention from other social scientists, law and development scholars have only begun to seriously consider the influence of leaders on institutions and development outcomes. The article explores the new mantra that “leadership matters” as cause for both careful optimism and renewed attention to some deeper anxieties about the future directions of law and development. On one side, emerging models of leadership provide important insights about how to change dysfunctional institutions and how to sustain those changes over the long run. A number of major studies published in the last few years have made some version of the claim that successful reforms inevitably require the dedicated leadership of one or more prominent individuals, positing good leaders as a necessary condition for institutional transitions. But the argument that good leadership itself determines good institutions also risks reproducing one of the most obstinate dilemmas in modern social theory: the contest between “structure” and “agency” as causal explanations of social change. If the new mantra that “leadership matters” represents a shift in focus away from the structure of law and politics and towards the influence of individual agents’ choices, actions, talents and beliefs, there is good reason to be sceptical about whether simply privileging agency over structure—or the inverse—has any greater chance of success than the many failed attempts to do just that in other fields of knowledge over the past several decades. Instead, the present moment could be a valuable opportunity to assess whether alternative and more integrative approaches to the longstanding structure-agency impasse in development law and policy are possible.

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CHO, YOON JE. "FINANCE AND DEVELOPMENT: THE KOREAN APPROACH." Oxford Review of Economic Policy 5, no. 4 (1989): 88–102. http://dx.doi.org/10.1093/oxrep/5.4.88.

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Yao, Yang, and Linda Yueh. "Law, Finance, and Economic Growth in China: An Introduction." World Development 37, no. 4 (April 2009): 753–62. http://dx.doi.org/10.1016/j.worlddev.2008.07.009.

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Kuckuck, Jan. "Testing Wagner's Law at Different Stages of Economic Development." FinanzArchiv 70, no. 1 (2014): 128. http://dx.doi.org/10.1628/001522114x679183.

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Grassa, Rihab. "Legal Origin, Institutional Quality, and Islamic Finance Development: Does Shari’a Matter?" Law and Development Review 13, no. 2 (September 25, 2020): 345–69. http://dx.doi.org/10.1515/ldr-2020-0053.

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AbstractPrevious studies on financial development have shown that differences in the legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 40 countries observed for the period from 2005 to 2018, our research assesses how different legal origins have affected the development of Islamic finance worldwide. More particularly, our research assesses empirically why and how the adoption of Shari’a, wholly or partially (combined with common or civil law), could explain the level of development of Islamic finance in different jurisdictions. Our primary results show that countries adopting a Shari’a legal system have a very well-developed Islamic financial system. Moreover, countries adopting a mixed legal system based on common law and Shari’a law have sufficient flexibility within their legal systems to make changes to their laws in response to the changing socioeconomic conditions, and this has helped the development of the Islamic financial industry. However, countries adopting a mixed legal system based on both civil law and Shari’a law appear less flexible in making changes to their old laws and this thwarted the development of the Islamic financial industry in these countries. Furthermore, we have found that the concentration of a Muslim population (the percentage of Muslim population) along with the level of income have both had a positive effect on the development of Islamic banking assets and on the development of Islamic banking as a whole.

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Teniola, Imoleayo Y. "Book Review: Debt-for-Development Exchanges: History and New Applications, edited by Ross P. Buckley." Global Journal of Comparative Law 3, no. 1 (May 29, 2014): 135–36. http://dx.doi.org/10.1163/2211906x-00301005.

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Dapeng, Li. "Research on Aircraft Finance Leases in China." Air and Space Law 43, Issue 6 (November 1, 2018): 583–607. http://dx.doi.org/10.54648/aila2018038.

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The aircraft finance lease industry (‘the industry’) in China is emerging and promising, and it is expected to continue to expand over the next decade. This article firstly presents the history, background, and development of the industry in China, and pays special attention to the newly emerging impetuses that will boost further development of the industry. The second part provides an overview of the structure of aircraft finance leases in China and particularly focuses on free trade zone leases. Lastly, this article concludes with an inside look at these types of transactions, including aircraft ownership, mortgages, rights of possession and use, liens and the special problems associated with the application of the Cape Town Convention.

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Huang, Flora, and Horace Yeung. "Law–Finance–Growth Nexus in the Context of Africa." Law and Development Review 11, no. 2 (June 26, 2018): 513–55. http://dx.doi.org/10.1515/ldr-2018-0028.

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Abstract This article seeks to put the law–finance–growth nexus into the context of Africa. As of 2017, the African Securities Exchanges Association has 27 securities exchanges as full members. The Johannesburg Stock Exchange is the most developed of all, especially with respect to its market capitalization. Its socio-legal proximity with the English system may provide a good explanation to its phenomenal growth relative to the rest in the region. However, such a socio-legal proximity is indeed shared by a number of other former British colonies such as Nigeria and Zimbabwe. Law alone may not account for the rise of the Johannesburg Stock Exchange. Furthermore, this article seeks to argue whether there is a genuine need for the African countries to have a stock market, which requires highly evolved legal, market and governmental institutions and norms that often do not pre-exist in these countries. On the one hand, the article will look at Africa in general. On the other hand, it will put certain discussions into the context of selected African countries.

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Sachs, Jeffrey D. "Goal-based development and the SDGs: implications for development finance." Oxford Review of Economic Policy 31, no. 3-4 (2015): 268–78. http://dx.doi.org/10.1093/oxrep/grv031.

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Muchlinski, Peter. "The Development of German Corporate Law Until 1990: An Historical Reappraisal." German Law Journal 14, no. 2 (February 1, 2013): 339–79. http://dx.doi.org/10.1017/s2071832200001838.

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The development of modern corporate law can be located in four “origin” legal systems: France, England, Germany and the United States (specifically in leading State Jurisdictions such as New York, New Jersey and Delaware). These systems are often segregated between an Anglo-American “outsider” system of corporate law and governance and the Continental “insider” system. This has its political economy parallel in the “Varieties of Capitalism” literature, which separates the major capitalist economies into “Liberal Market Economies”, such as the UK and the USA, and “Co-ordinated Market Economies”, such as Germany. These distinctions concentrate, in particular, on whether the system of corporate finance is based on open stock markets and widely dispersed “outsider” shareholding, as in the Anglo-American model, or on finance carried out by “insider” universal investment banks with places on the supervisory organs of corporations as is often claimed to be the case for the German system.

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Yerofeyev, Alexander. "Development of the Russian bankruptcy regime: law and practice." International Insolvency Review 10, no. 2 (2001): 115–39. http://dx.doi.org/10.1002/iir.87.

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Ridley, Dennis, and Felipe Llaugel. "Entrepreneurial Finance Revising the Finance 101 Course." Journal of Entrepreneurship and Business Innovation 9, no. 2 (July 13, 2022): 1. http://dx.doi.org/10.5296/jebi.v9i2.20001.

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A summary review of the business finance course syllabi of eight institutions is presented. Then one other typical syllabus for the financial management of the firm was examined in detail. A review of the CDR model (Capitalism, Democracy and Rule of law) and its implications are explored in consideration of the finance courses. Traditional business education pedagogy is analyzed as well as the information theory of finance to put in context the need of some improvement. Information theory is introduced as a measure of uncertainty, because it is more dynamic and general than variance in the data. The syllabi tend to overlook the need for an understanding of capital and all its sources, collaboration for research and development, and entrepreneurship. The objective of the paper is to make suggestions for modifying current syllabi to correct these shortcomings. A brief explanation of the CDR model and the effect in the gross domestic product is presented in the appendix.

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Al Madani, Hanan, Khaled O. Alotaibi, and Salah Alhammadi. "The role of Sukuk in achieving sustainable development: Evidence from the Islamic Development Bank." Banks and Bank Systems 15, no. 4 (December 3, 2020): 36–48. http://dx.doi.org/10.21511/bbs.15(4).2020.04.

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The purpose of this study is to examine the compliance of Islamic Development Bank (IDB) Sukuk with Maqasid Al-Shari’ah (objectives of Islamic law) in relation to human development and well-being. The paper provides a theoretical model explaining how Sukuk can achieve Maqasid Al-Shari’ah by assessing the role of Sukuk in the circulation, development, and preservation of wealth to attain social justice. This study employs a qualitative methodology using an empirical case study. The primary data are collected through elite semi-structured interviews. The secondary data are obtained using a content analysis method from Sukuk’s Principle Terms and Conditions, Information Memorandum and IDB’s annual reports for the period 2007–2017 to explain the structures and features of the Sukuk and examine their compliance with the developed model. The findings indicate that the Medium Term Note (MTN) Sukuk program positively serves the elements of hifth al-mal (safeguarding wealth), showing a direct relationship between the shift of wealth among parties and the compliance of Maqasid Al-Shari’ah. This implies that the investments made by Sukuk would benefit everyone, including individuals, institutions, societies, and the whole country, to achieve human well-being and sustainable development. Nonetheless, the analysis suggests that Shari’ah supervisory boards need to focus more on the substance when structuring Sukuk to help Islamic finance benefit in terms of moving towards the achievement of Maqasid Al-Shari’ah.

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Mamedov, Andrey A., and Vera N. Batova. "INTERNATIONAL LAW IN THE CONTEXT OF ECONOMIC GLOBALIZATION." RUDN Journal of Law 23, no. 2 (December 15, 2019): 264–88. http://dx.doi.org/10.22363/2313-2337-2019-23-2-264-288.

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The article examines the international legal integration regulation of relations in the sphere of economics and finance context of globalization. The modern era - an era of globalization, which includes the highly dynamic development of integration processes in various areas of activity of the state. Globalization is an objective the emergence of supra-national / transnational elements of legal regulation. More and more questions of domestic jurisdiction transferred to the states under the international legal regulation. In the context of globalization in the development of the law is a tendency of formation of international integration law. Therefore, considering the legal regulation of relations in the sphere of economics and finance in the modern period, we can not ignore world integration processes as a result of globalization.

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Luo, Xiankang, and Tao Chen. "Estimation of the Bid-Ask Prices for the European Discrete Geometric Average and Arithmetic Average Asian Options." Discrete Dynamics in Nature and Society 2021 (June 7, 2021): 1–11. http://dx.doi.org/10.1155/2021/9979285.

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Conic finance is a new and exciting development in quantitative finance, which is widely applied to several topics in finance. The theory of conic finance extends the law of one price to the law of two prices, which yields closed forms for bid-ask prices of European options. In this paper, within the framework of conic finance, we derive effective, explicit, approximate formulas to estimate the bid-ask prices for the European discrete geometric average and arithmetic average Asian options. Finally, we give two examples to demonstrate and validate that the approximate closed-form solutions are efficient and accurate.

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Hu, J. "THE ROLE OF INTERNATIONAL LAW IN THE DEVELOPMENT OF WTO LAW." Journal of International Economic Law 7, no. 1 (March 1, 2004): 143–67. http://dx.doi.org/10.1093/jiel/7.1.143.

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De Pascalis, Francesco. "The Journey to Open Finance: Learning from the Open Banking Movement." European Business Law Review 33, Issue 3 (April 1, 2022): 397–420. http://dx.doi.org/10.54648/eulr2022018.

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The creation of an open financial data ecosystem is a new frontier to be explored within a financial services industry characterized by the presence of new players, along with traditional financial intermediaries. Spurred by datafication and digitisation, open finance is considered an extension of the open banking foundation launched in Europe through targeted regulation. The open finance journey is just beginning. By taking stock of the open banking experience across jurisdictions, this article examines the future shift from open banking to open finance. Selected critical issues within the open banking context give valuable indications for the development of open finance. Open finance, datafication, digitisation, open banking, APIs, PSD2, Consumer Data Right, reciprocity, consumer education

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Satoto, Sukamto, and Fitria Fitria. "Kewenangan Badan Pemeriksa Keuangan dan Pembangunan (BPKP) Melakukan Audit Investigasi Guna Menentukan Kerugian Keuangan Negara." Wajah Hukum 6, no. 1 (June 30, 2022): 174. http://dx.doi.org/10.33087/wjh.v6i1.292.

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The purpose of this study is to identify and understand and analyze in depth the authority of the Financial and Development Supervisory Agency in conducting investigative audits. The problems raised in this study discuss the authority of the Financial and Development Supervisory Agency in conducting investigative audits and what are the Implications of the Financial and Development Supervisory Agency's Investigation Audit on State Financial Losses in Law Enforcement. This study uses a normative method with the steps of description, systematization and explanation of the contents of positive law in depth using a concept approach, a law approach and a case approach using a systematic synchronization analysis. The results showed that the feedback from the investigative audit enabled the realization of financial management and supervision reforms including the integration between activity planning and budgeting. Thus, fiscal transparency and accountability are very urgent in reforming the management and supervision of state finances, because transparency and accountability in managing state finances can reduce state losses. As the government's internal auditor, the Financial and Development Supervisory Agency is authorized to supervise finance and development. On the other hand, the Financial and Development Supervisory Agency has the authority to conduct investigative audits to determine whether or not there has been a loss in state finances at the request of law enforcement. The implications of the investigative audit carried out by the Financial and Development Supervisory Agency in addition to imposing an obligation on financial managers to return state financial losses based on the results of the investigative audit, the results of the investigative audit also have consequences in the law enforcement process, because the results of the investigative audit are in the form of documents and information provided by auditors in court can affect the judge's confidence in the examination of the trial in court.

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Lee, Yong-Shik. "Political Governance, Law, and Economic Development." Law and Development Review 12, no. 3 (October 25, 2019): 723–59. http://dx.doi.org/10.1515/ldr-2019-0039.

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Abstract Political stability is an important precondition for economic development. While political stability cannot be created by laws alone, an effective legal framework for political governance, such as a constitution, can facilitate political stability. Political stability is not synonymous with democracy; while civil liberty is often considered a key ingredient for prosperity, it has been historically observed that promotion of democracy, while an important value, does not necessarily lead to economic development. Successful economic developments in the East Asian countries, such as South Korea, Singapore, and Taiwan from the 60s to the 80s and in contemporary China show the importance of political stability in achieving economic progress albeit with certain democratic deficits. The system of political governance that creates political stability may differ from one place to another, depending upon political needs, cultural priorities, historical contexts, and popular aspirations. This paper considers these elements and also examines, based on local conditions and priorities, the kind of political leadership that has brought political stability and economic development, the question of democracy, and the legal frameworks conducive to sustaining political stability.

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Bedford, Kate. "Law, Gender, and Development: Potent Hauntings." Law and Development Review 13, no. 1 (February 25, 2020): 229–64. http://dx.doi.org/10.1515/ldr-2019-0066.

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AbstractThis article excavates and analyses an early, feminist conversation about law that emerged from foundational texts on Gender and Development (GAD). Rather than starting from current, law-heavy GAD practices, it goes backwards to see what, if anything, some canonical texts published between 1970 and 1989 said about law. My aim is to offer an account of legally-relevant GAD theorising written before the current consensus about law reform as a tool had solidified, and – in so doing – to unsettle that consensus and identify some intellectual inheritances that might offer us an alternative way forward.

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Javid, Attiya Y., and Robina Iqbal. "External Financial Resource Management by Listed Pakistani Firms." Pakistan Development Review 46, no. 4II (December 1, 2007): 449–64. http://dx.doi.org/10.30541/v46i4iipp.449-464.

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Enterprises need finance for investment and acquire it either by internally generated finance or externally generated finance, which are closely related to the ownership structure, financial market development and enforcement of law of a country. In underdeveloped companies with foreign owners have an advantage in their access to external finance as compare to domestically owned companies because their financial resources coming from abroad. Access to external finance is a key determinant of a firm’s ability to develop, operate, and expand. Economic researchers have studied how various macroeconomic and microeconomic factors influence such access; for example, it has been shown that the need of external finance to depend on the macroeconomic environment, since economic downturns tend to limit firms’ ability to borrow and banks’ willingness to lend. This “credit channel” research argues that corporate access to credit is the principal mechanism linking monetary policy and the real economy. At the micro level, research has shown that characteristics specific to a firm influence the degree to which macroeconomic changes affect its access to external financing; specifically, firms that are more vulnerable financially—such as smaller, younger, riskier, and more indebted firms—are found to be more affected by tighter monetary policy.

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Gu, Bin. "MCDF: A New Beacon of Multilateralism in Development Finance." Journal of International Economic Law 23, no. 3 (July 8, 2020): 665–84. http://dx.doi.org/10.1093/jiel/jgaa010.

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ABSTRACT The Multilateral Cooperation Center for Development Finance (MCDF) is an infant but prospectively important initiative in international development finance, initiated by China at the inaugural Belt and Road Forum in 2017, and now endorsed by eight leading international development banks worldwide. The MCDF is expected to work closely with global agendas such as the Belt and Road Initiative (BRI) and the Asian Infrastructure Investment Bank (AIIB), as well as with other peer institutions including the Global Infrastructure Connectivity Alliance (GICA), the Global Infrastructure Hub (GI Hub), and the Global Infrastructure Facility (GIF), in pursuing their shared goals of promoting infrastructure and connectivity investment. This article endeavors to investigate some key institutional matters for the development of the MCDF; they are the structure of its Secretariat, the funding mechanism, and the designated functions. Along the spectrum of hardening soft law, the MCDF is expected to evolve as an independent international body, to be equipped with a charter as its constituent instrument. The prospect of China’s role in the MCDF is predicated upon the understanding of Chinese culture and China’s approach toward global governance, which has been consistently demonstrated during the development of the AIIB and the BRI. China will play a leadership role in the MCDF, while behaving responsibly to other participants, including to borrower countries.

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Devas, Hugh. "Green Finance." European Energy and Environmental Law Review 3, Issue 8 (August 1, 1994): 220–22. http://dx.doi.org/10.54648/eelr1994037.

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Rudnyckyj, Daromir. "Islamic Finance and the Afterlives of Development in Malaysia." PoLAR: Political and Legal Anthropology Review 37, no. 1 (April 30, 2014): 69–88. http://dx.doi.org/10.1111/plar.12051.

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Wang, Kai, Sang-Bing Tsai, Xiaomin Du, and Datian Bi. "Internet Finance, Green Finance, and Sustainability." Sustainability 11, no. 14 (July 16, 2019): 3856. http://dx.doi.org/10.3390/su11143856.

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This special issue, “Internet Finance, Green Finance, and Sustainability”, is focused on the prosperous financial industry and the relationship between finance and sustainability. It especially gathers papers pertaining to the hot topic of internet finance and green finance in this field, as well as the manuscripts exploring the operating mechanism between finance and sustainability, both of which are closely linked to the hot spots and pressing demands of society. Therefore, this special issue is of particular valuable for both academic research and the development of society.

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Qonita, Nuha. "POSITIONING ISLAMIC LEGAL THEORY IN THE DEVELOPMENT OF ISLAMIC FINANCE." JURISDICTIE 10, no. 1 (July 11, 2019): 18. http://dx.doi.org/10.18860/j.v10i1.7034.

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<p>Islamic finance continues to grow over the world, the development of technology plays a crucial role to support Islamic finance. The great innovation of technology may come to dig up the potential of Islamic financing, yet digital system needs for sharia compliance, both are in similar needs for sharia overviews regardless different opinions of ijtihad in this modern time. Emphasizing case by case of Islamic finance has been done by the sharia scholars in producing the new product of Islamic banking and financing. The Islamic jurisprudence however should consider the substence and maqasid form of sharia. The objective of this paper is to enlight some vital parts of Islamic legal theory as part of Islamic law in implementing sharia compliance. Furthermore, provide the role of legal system which takes a crucial place in implementing the system, it should be harmonized in the existing condition of Islamic finance. This paper is qualitative methods with deep analysis on Islamic legal theory among muslim scholars.</p>

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Donkor-Hyiaman, Kenneth Appiah, and Kenneth Nii Okai Ghartey. "Legal origins and mortgage finance contradictions." International Journal of Housing Markets and Analysis 10, no. 1 (February 6, 2017): 156–79. http://dx.doi.org/10.1108/ijhma-03-2016-0019.

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Purpose This study aims to examine why Ghana has English legal origins (hypothesised as a legal framework that promotes financial development) but has not developed a well-functioning mortgage finance market. Design/methodology/approach The authors adopt the institutional autopsy approach developed by Milhaupt and Pistor (2008). This study is not a cross-country study but a historical examination of Ghana’s mortgage finance regulatory framework. The institutional autopsy framework considers the iterative process of change in a system and allows for context-specific system analysis. Findings The authors note that for a long period of about 68 years (1940-2008), some of the legal rules regulating mortgage finance were not typical of the hypothesised characteristics of the English common law tradition. These rules, including, interest rate controls, excessive entry barriers, loan default guarantee discriminations and complex foreclosure procedures, tended to inadequately protect creditors. In the context of the history of military rule and law-making, judicial discretion that could have promoted legal efficiency and strengthened contract enforcement was also limited. During this period, the legal system demonstrated a concentrated and coordinative character. New legislation in the form of the Home Mortgage Finance Act 2008 (Act 770) attempts to resolve some of these bottlenecks and improve creditor rights protection. Research limitations/implications The study focuses solely on how the legal institution affects creditor protection and mortgage finance in Ghana. Practical implications Policy-wise, the study deepens the understanding of the channels through which the law affects the development of mortgage finance. Originality/value To the best of the authors’ knowledge, the methodology used (institutional autopsy) is novel in the context of analysing mortgage finance.

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Pooe, T. K. "Law and Economic Development in South Africa: An Assessment through the General Theory of Law and Development." Law and Development Review 12, no. 2 (May 27, 2019): 377–401. http://dx.doi.org/10.1515/ldr-2018-0062.

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Abstract The ascension of the African National Congress into formal politics through its electoral victory in 1994 resulted in South Africa adopting one of the world’s most heralded social justice and human rights-based documents, the 1996 Constitution. Yet, two-decades of ANC governance this paper argues has not led to the types of economic development needed to advance the formerly oppressed African majority, Colored and Indian populations. This lackluster economic development is even more troubling when one considers the giant economic development steps Asian developmental states have made, without a human rights and social justice approach. It is the contention of this paper that the newly presented General Theory of Law and Development allows for a new type of analysis exploring the reasons why South Africa’s economic development trajectory has been so lackluster, when so many authorities praise the South African legal framework. In making this argument using the General Theory South Africa’s local governments sphere and local economic development will be the subject of analysis.

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Tan, Celine. "Beyond the ‘Moments’ of Law and Development: Critical Reflections on Law and Development Scholarship in a Globalized Economy." Law and Development Review 12, no. 2 (May 27, 2019): 285–321. http://dx.doi.org/10.1515/ldr-2019-0014.

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Abstract This paper aims to review and assess the contributions and limitations of law and development (L&D) as a field of legal scholarship in relation to the constitution of the international economy and global economic governance. It seeks to reflect on the theoretical and methodological contributions of L&D theory and practice on the development of international legal scholarship, particularly in the rapidly evolving field of international economic law. The intersections of economic theory, jurisprudence and legal theory and the institutional practice of development agencies and international economic organizations which are the focus of L&D scholarship provide a useful interdisciplinary prism through which developments in the regulatory framework of the global economy can be studied. Mapping the ways in which what Trubek and Santos call the three overlapping spheres of L&D – economic theory, legal theory and institutional practices – enables us to chart, understand and, where necessary, contest, the shifts in development theory and policy and institutional practice that influence and shape legal reform and scholarship.

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Sarygina, Elina Sergeevna. "Modern state of the judicial finance-credit examination and the prospects of its development." Полицейская и следственная деятельность, no. 3 (March 2020): 1–8. http://dx.doi.org/10.25136/2409-7810.2020.3.33596.

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The research subject is the scientific, organizational and methodical regularities of judicial and examination activities during the research of finance-credit relations. Special attention is given to the key provisions of finance-credit examinations and the peculiarities of their commissioning. The author uses the categories and laws of dialectical and formal logic along with general scientific methods of scientific cognition (observation, description, comparison, systematization, formalization, etc.), and specific methods (comparative-analytical and system-structural). The author also uses the techniques of the interdisciplinary approach since the research requires knowledge in the field of procedural and substantive law, theory of court examination, economics and banking law, which determines the comprehensive nature of the research. From the viewpoint of modern scientific knowledge, the author attempts to analyze court examination as an independent class of judicial economic examinations which includes objects, subclasses, typical tasks and scientific and methodical recommendations for law enforcement officers about commissioning such examinations. The research addresses the main provisions of the subtheory of a judicial finance-credit examination which either haven’t been described sufficiently enough in the scientific works, or haven’t been systematised. The author’s recommendations are aimed at unification of the judicial practice of commissioning and assessment of the results of a judicial finance-credit examination. The formation of a comprehensive idea about this examination and its modern state is necessary for the implementation of its possibilities by an investigator, a court or an inquiry officer within criminal proceedings. The result of the research is the development of recommendations for law enforcement officers about the peculiarities of commissioning of a court tax analysis in governmental and nongovernmental criminal expertise institutions connected with the peculiarities of preparation of research objects and the specificity of issues subject to the consideration of a court expert; the author formulates the list of questions to an expert.

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Gellers, Joshua C., and Chris Jeffords. "Environmental Determinants of Chinese Development Finance in Africa." Journal of Environment & Development 28, no. 2 (February 7, 2019): 111–41. http://dx.doi.org/10.1177/1070496518825282.

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To what extent are decisions regarding Chinese investment in Africa motivated by environmental factors? A considerable body of work has examined the determinants of foreign aid among traditional donors, producing useful debates about the relative significance of recipient need or merit and donor interest. But far less scholarly effort has focused on the motivations of emerging donors and the role of environmental factors in influencing aid allocation. In an attempt to fill these gaps, this article uses statistical techniques to test the hypothesis that China deliberately invests in African countries with poor environmental performance for reasons related to recipient need or donor interest. Drawing upon project-level data regarding investments made by China in Africa from 2002 to 2012, the analysis suggests that Chinese development assistance grows commensurate with a country’s environmental performance, but only to a point. After a state achieves a certain level of environmental quality, Chinese investments decline.

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Endres, Alfred, and Regina Bertram. "The development of care technology under liability law." International Review of Law and Economics 26, no. 4 (December 2006): 503–18. http://dx.doi.org/10.1016/j.irle.2007.01.004.

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Wang, Yanli, Na Zhao, Xiaodong Lei, and Ruyin Long. "Green Finance Innovation and Regional Green Development." Sustainability 13, no. 15 (July 23, 2021): 8230. http://dx.doi.org/10.3390/su13158230.

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Through the use of 30 provincial panel datasets covering the years from 2013 to 2017, on the basis of constructing the regional green development indicator system, this paper used the fixed-base range entropy weight method to measure the regional green development level. The difference-in-differences model was used to test the policy effect, the mechanism of the establishment of the green financial reform, and the innovation pilot zone on green development. The results showed that: (1) the establishment of the pilot zone promotes regional green development and shows regional differences; (2) under the guidance of policies, the provinces that set up the pilot zone affect the level of regional green development mainly through the upgrading of industrial structure and technological innovation; further research has found (3) a high level of financial investment in environmental protection and marketization, which will help the pilot zone to further play a positive role in promoting the green development of the region. The results of this article indicated that China should continue to expand the scope of green finance reform and innovation pilot zones and make reasonable arrangements among regions according to local conditions to explore new ways of promoting green development. At the same time, the government should actively play the role of green finance in the pilot zone to promote industrial structure upgrading and technological innovation and guide market players to establish green development concepts to gradually build an environmentally friendly, circular model economy to enhance the overall green development capacity of the region.

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Lee, Yong-Shik. "Law and Development in the United States." Law and Development Review 14, no. 2 (June 1, 2021): 327–58. http://dx.doi.org/10.1515/ldr-2021-0070.

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Abstract Economic development is the term that has been associated with less developed countries in the Third World (“developing countries”), not the economically advanced countries (“developed countries”), such as the United States. However, the changing economic conditions in recent decades, such as the widening income gaps among individual citizens and regions within developed countries, stagnant economic growth deepening economic polarization, and an institutional incapacity to deal with these issues, render the concept of economic development relevant to the assessment of the economic problems in developed countries. In the United States, these economic problems caused a significant political consequence such as the unexpected outcome of the presidential election in 2016. This article examines the applicability of the legal and institutional approaches, which were originally adopted to stimulate economic development in successful developing countries, to the economic problems in the United States.

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Journal articles on the topic 'Development finance law'

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