LAW AND POLICY OF ECONOMIC DEVELOPMENT

Elena De Nictolis, Mario Manna

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