LAW AND POLICY OF ECONOMIC DEVELOPMENT

Fernando Christian Iaione, Amnon Lehavi

Instructional goals

The course aims to provide students with an advanced understanding of the role of law and public policies in economic development processes, with particular attention to the interactions between legal institutions, markets, and objectives of inclusive and sustainable growth. Through an interdisciplinary approach, the course examines how rules, contracts, property rights, forms of public and private governance, and soft law instruments affect the ability of economic systems to attract investment, allocate resources, and address global challenges such as climate change and digital transformation. The objective is to develop critical analytical skills for assessing legal institutions as levers of development and for evaluating economic and regulatory policies across different institutional contexts.

Prerequisites

A basic knowledge of the main concepts of public and private law is required, together with fundamental notions of political economy and market functioning. A preliminary familiarity with public institutions, firms, and contracts is also desirable. Students are expected to be able to read and discuss legal and policy texts in English.

Intended learning outcomes

By the end of the course, students will be able to understand and explain the role of law as an infrastructure for economic development, distinguishing between different institutional models and regulatory approaches. They will be able to critically analyze the impact of legal rules on markets, firms, and public policies, assessing the contribution of instruments such as contracts, property rights, enforcement mechanisms, and soft law to objectives of growth, inclusion, and sustainability. Students will also acquire analytical skills useful for interpreting case studies and development policies.

Course Contents

The course systematically examines the relationship between law, public policies, and economic development. Following an introduction to the field of Law and Economic Development and its main theories, the program analyzes the role of the state and public organizations in promoting development, with reference to socio-economic rights, territorial cohesion, climate policies, and multilevel governance. A significant part of the course is devoted to private actors, corporate governance, contracts, and property rights as key factors for market functioning. The course concludes by addressing access to justice and the growing role of soft law instruments in the regulation of the global economy.

Reference Books

The reference materials include selected academic articles, book chapters, and policy documents, which will be indicated during the course. The bibliography covers both classic and recent contributions on Law and Development, economic law, and public and private governance. Additional materials and case studies will be provided weekly through the course platform.

Teaching Methods

Participatory theoretical lectures, combining instructor-led teaching with spontaneous student interventions and workshop-style sessions focused on the in-class preparation of group assignments.

Assessment Method

Group work and final written examination.

Thesis assignment criteria

Interest in the subject matter and the topics covered, and an aptitude for theoretical, empirical and experimental research and analysis.

Week 1

Principles of Private Law and Economic Development Introduction to Law and Economic Development The rule of law as the key to prosperity The legal origins theory: how different legal traditions create distinct business environments

Week 2

Principles of Public Law and Economic Development Law as the tool to promote economic development Capitalistic growth vs inclusive and sustainable development Law and Development as field of study: origins, North American approaches and criticisms

Week 3

– Public Organizations for Economic Development Socio-economic rights and development (health, house, city) Territorial cohesion and EU policies Climate change and development Public organizations for development: development banks, agencies, PPPs Multilevel governance and regulatory risks

Week 4

Private Organizations for Economic Development Principles of corporate governance Corporate governance in emerging markets Fundamentals, disruptions and future of an updated corporate governance

Week 5

Private Contracts and Economic Development Contract enforcement as an institutional choice AI and contracting: performance, accountability and good faith Economic importance of enforcement quality

Week 6

Public Contracts and Economic Development Strategic and sustainable contracts Social and environmental clauses SMEs access Social Infrastructures Mission-oriented procurement

Week 7

– Public Property and Economic Development Property regimes and development Public goods, common goods and natural resources Postcolonial perspectives on property Collective rights and case law Management and enhancement of public assets Nature as a common good and nature rights

Week 8

Protection of Private Property and Economic Development Property rights and development: the case of formalization The measurement of property-rights performance Capabilities building for innovation-led development Policy shifts and digital-economy investments

Week 9

Access to Dispute Resolution and Private Law Remedies The global rise of international commercial courts: typologies and power dynamics The role of international commercial arbitration Arbitration vs civil justice

Week 10

Access to Dispute Resolution and Public Law Remedies Infrastructural and environmental litigation Access to justice and standing Socio-economic rights litigation Case study: health right in Brazil Strategic litigation, climate and environmental justice

Week 11

Soft Law and Public Policy Investment planning and prioritization Development funds Green investment frameworks Debt-for-nature swaps

Week 12

Soft Law and Market Practices From soft law to hard law in business and human rights The challenge of corporate power Soft law for the governance of AI The ten principles of corporate responsibility Operationalizing responsibility through risk-based due diligence