Post by Sapphire Capital on Nov 4, 2008 23:30:40 GMT 4
'Global Business, Local Law: The Indian Legal System as a Communal Resource in Foreign Investment Relations'
Amanda Perry-Kessaris
University of London - Birkbeck College School of Law
Aldershot: Ashgate, 2008
Abstract:
This volume establishes a theoretical framework for exploring the role of host state legal systems (courts and bureaucracies) in mediating relations between foreign investment, civil society and government actors. It then demonstrates the application of that framework in the context of the south Indian city of Bengaluru (formerly Bangalore). Drawing on the 'law-and-community' approach of Roger Cotterrell, the volume identifies three mechanisms through which law might, in theory, ensure that social relations are productive: by expressing any mutual trust which may hold actors together; by ensuring that actors participate fully in social life; and by coordinating the differences that hold actors apart. Empirical data reveal that each of these legal mechanisms is at work in Bengaluru. However, their operation is limited and skewed by the extent to which actors use, abuse and/or avoid them. Furthermore, these legal mechanisms are being eroded as a direct result of the World Bank's 'investment climate' discourse, which privileges the interests and values of foreign investors over those of other actor.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1285083
Amanda Perry-Kessaris
University of London - Birkbeck College School of Law
Aldershot: Ashgate, 2008
Abstract:
This volume establishes a theoretical framework for exploring the role of host state legal systems (courts and bureaucracies) in mediating relations between foreign investment, civil society and government actors. It then demonstrates the application of that framework in the context of the south Indian city of Bengaluru (formerly Bangalore). Drawing on the 'law-and-community' approach of Roger Cotterrell, the volume identifies three mechanisms through which law might, in theory, ensure that social relations are productive: by expressing any mutual trust which may hold actors together; by ensuring that actors participate fully in social life; and by coordinating the differences that hold actors apart. Empirical data reveal that each of these legal mechanisms is at work in Bengaluru. However, their operation is limited and skewed by the extent to which actors use, abuse and/or avoid them. Furthermore, these legal mechanisms are being eroded as a direct result of the World Bank's 'investment climate' discourse, which privileges the interests and values of foreign investors over those of other actor.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1285083