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 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 and empirical research.
Week 1
The contract in private sustainability law
Contractual autonomy and constitutional principles
Cause, worthiness of protection, and good faith
From the individualistic contract to the functional contract
Environmental interest as an internal limit to private autonomy
The ecological contract as an interpretative paradigm
Week 2
Principles of Public Law of Economic Development
The rule of law as the key to prosperity
The legal origins theory: how different legal traditions create distinct business environments
Week 3
Multi-stakeholder partnerships
Outcome-oriented contracts and impact measurement
Housing and social rights
Accountability and independent verification
Multi-stakeholder partnerships and co-governance
Week 4
Contemporary Challenges and Public Organizations
Socio-economic rights and development (health, housing, cities)
Territorial cohesion and EU policies
Climate change and development
Public organizations for development: development banks, agencies, PPPs
Multilevel governance and regulatory risks
Week 5
Intellectual Property, Innovation, and Development
Foundations of intellectual property
The economic and social function and limits of exclusive rights
The constitutionalization of intellectual property
Case study: vaccines, global health, and access to knowledge
Week 6
Public Contracts for Economic Development
Strategic and sustainable procurement
Social and environmental clauses
SME access
Social infrastructure
Mission-oriented procurement
Week 7
Sustainable Finance and Financial Market Regulation
Foundations of sustainable finance: concept, functions, and legal limits
ESG finance, green finance, and impact investing
Greenwashing and structural limits
Week 8
Public Ownership and Economic Development
Property regimes and development
Public goods, commons, and natural resources
A postcolonial perspective on property
Collective rights and case law
Management and enhancement of public assets
Nature as a public good and the rights of nature
Week 9
The Joint-Stock Company Between Market, Corporate Interest, and Sustainable Development
The joint-stock company: structure, economic function, and corporate interest
Corporate purpose, benefit corporations, and public companies as tools for sustainable development
Week 10
Public Law Litigation and Remedies
Infrastructure and environmental litigation
Access to justice and standing
Litigation on socio-economic right
Case study: the right to health in Brazil
Strategic litigation, climate, and environmental justice
Week 11
Climate Litigation and Corporate Liability
Climate liability of corporations
General clauses and duties of care
The role of the judge, limits, and future perspectives
Week 12
Public Investment and Synthesis
Legal frameworks for public investment
Budgetary constraints and planning
Sovereign wealth funds and EU instruments
Synthesis of the topics and future perspectives