Law and development in Africa
- Course Code:
- Course Not Running 2013/2014
- Unit value:
- Year of study:
- Year 1
- Taught in:
- Full Year
Particular subjects studied may, and probably will, vary from year to year depending on the currency of specific topics and on the emergence of new initiatives and debates in the subject area.
The main objective of this course is to examine the scope and limitations of Law as an instrument of socio-economic development in Africa. What contributions have and can legal theory and legal institutions make towards the quest for socio-economic development in Africa?
The course will have a comparative approach, examining local, regional and international perspectives of the relevant issues. It will focus on the major challenges facing the African continent in its quest for sustainable human, social, economic and political development.
It will have both a theoretical and practical content engaging, amongst others, with relevant issues such as, Africa and the Law and Development Movement; Theories of Law and Development in Africa, the role of law in major areas of concern that impact on development in Africa, such as: Governance, Democracy and Rule of Law; Land, Natural Resources and Environmental Sustainability; Urban/Rural Development; Human Rights and Access to Justice; Conflicts and Resource Control Agitation; Corruption and Economic Crimes; Economic and Financial Regulation; Brain Drain and Capacity Building; Intellectual Property and Copyright Protection; Corporate and Social Responsibility; The New Partnership for Africa’s Development (NEPAD); and International law, Right to Development and the UN Millennium Development Goals.
The course fills a lacuna in the School of Law’s postgraduate curriculum and complements existing courses, such as the general Law and Development course, by specifically focusing on Africa. Generally, this course will strengthen the options for the General LLM and MA programmes in Law, MA in Culture and Society; MA in Law, Development and Globalization; and MA International and Comparative Legal Studies programmes.
Objectives and learning outcomes of the course
On successful completion of the course a student should be able to:
- understand the different theories of Law and Development in the context of Africa;
- analyse the indices of socio-economic growth and explore the role of law as an instrument of social engineering in Africa;
- demonstrate an appreciation of the parameters of Law and Development and their inter-connections in overcoming the challenges of development in different African countries.
- undertake critical research on the relationship between law, development and society and what contribution legal theory and institutions can make towards the quest for socio-economic development in Africa
Indicative Core Readings:
- Adelman, S., & Paliwala, A., Law and Crisis in the Third World (1993) Hans Zell Publishers
- Ake, C, Democracy and Development in Africa (1996) Washington Brookings Institute Press.
- Andreasson, S., “Orientalism and African Development Studies: The ‘Reductive Repetition’ Motif in Theories of African Underdevelopment” (2005) 26 Third World Quarterly, No. 6, pp.971-986
- Andreasson, S., “Thinking Beyond Development: The Future of Post-Development Theory in Southern Africa” (2007) http://www.open.ac.uk/socialsciences/bisa-africa/confpapers/Andreasson_BISA_2007.pdf
- Carty, A., (ed.) Law and Development (1992) Ashgate Publishers Ltd
- CDD-Ghana, “Governance, Democracy and Development in Africa: A Cultural Approach” (2001) Presented at the International Conference on the Cultural Approach to Development in Africa, Dakar, Senegal, 10-14 December 2001.
- Donnelly, S.J.M., “Reflecting on the Rule of Law: Its Reciprocal Relation with Rights, Legitimacy and Other Concepts and Institutions” (2006) 603 Annals of the American Academy of Political and Social Science, pp.37-53
- Fonchingong, T.N., “The State and Development in Africa” (2005) African Journal of International Affairs, Nos. 1&2, pp.121
- Hare, P., “The Role of Law in Development and Investment in Sub-Saharan Africa” (1999) 30 Law and Policy in International Business
- Hatchard, J, and Perry-Kessaris, A., Law and Development: Facing Complexity in the 21st Century, (2003) Routledge Cavendish.
- Hope, Sr. K.R., “Development Solutions for Africa: The Need for Policy Reform and Good Governance” (1997) 25 A Journal of Opinion, No.1, p.35-38
- Matthews, S., “Post-Development Theory and the Question of Alternatives: A View from Africa” (2004) 25 Third World Quarterly, No.2, pp.373-384
- Ocran, T.M., Law in Aid of Development (1978) Ghana Publishing Corporation
- Seidman, A., et al (eds): Africa’s Challenge: Using Law for Good Governance and Development (2007) Africa World Press.
- Vyas, Y., et. al., Law and Development in the Third World (1994) University of Nairobi.
Indicative Supplementary Readings:
- Hodgson, D.L., “Women’s Rights as Human Rights: Women in Law and Development in Africa (WiLDAF)” (2002) 49 Africa Today, No.2, pp.3-26
- Mkandawire, T., “Incentives, Governance and Capacity Development in Africa” (2002) 30 African Issues, No.1, pp.15-20
- Murungi, J., “The Academy and the Crisis of African Governance” (2004) 32 African Issues, pp. 9-23
- Olawuyi, D.S., “Achieving Sustainable Development in Africa through the Clean Development Mechanism” (2009) 17 African Journal of Comparative Law, pp. 270-301.
- Omotola, J.A., and Adeogun, A.A., (eds.) Law and Development (1984) Lagos University Press.
- Rist, G., The History of Development: From Western Origins to Global Faith (2002) Zed Books
- Sako, Soumana, “Brain Drain and Africa’s Development: A Reflection” (2002) 30 Africa Issues, No.1, pp.25-30
- Sen, A., Development as Freedom (2001) Oxford University Press
- Sikod, F., Globalization and Rural Development in Africa (2006) Warwick Centre for the Study of Globalisation and Regionalisation.
- Smith, I. O., “Sustainability of African Land Tenure Systems within the context of the UN Millennium Development Goals: Challenges and Responses” (2009) SOAS, School of Law Seminar Presentation.
- Smith, I.O. (ed), Law and Development in Nigeria (2000) Ecowatch Pub. Ltd.
- Snyder, F.G., “Law and Development in the Light of Dependency Theory” (1980) 14 Law and Society Review, No.3, pp. 723-804
- Tamanaha, B.Z., “The Lessons of Law and Development Studies” (1995) 89 American Journal of International Law, No.2, pp.470-486
- Tiyambe, P. & McConnaughay, P., (eds): Human Rights, the Rule of Law and Development in Africa (2004) University of Pennsylvania Press.
- Trubek, D.M., “Toward a Social Theory of Law: An Essay on the Study of Law and