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Law and the New Development State: the Brazilian Experience in Latin American Context

Edited by: David M. Trubek, Alvaro Santos, Helena Alvair Garcia, Diogo R. Coutinho

ISBN13: 9781107031593
Published: July 2013
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £79.99
Paperback edition , ISBN13 9781107460102



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This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory. In Brazil since 2000, emerging forms of state activism, including a new industrial policy and a robust social policy, differ from both classic developmental state and neoliberal approaches. They favor a strong state and a strong market, employ public-private partnerships, seek to reduce inequality, and embrace the global economy. Case studies of state activism and law in Brazil show new roles emerging for legal institutions. They describe how the national development bank uses law in innovation promotion, trade law strengthens new developmental policies in export promotion and public health, and social law frames innovative poverty-relief programs that reduce inequality and stimulate demand. Contrasting Brazilian experience with Colombia and Mexico, the book underscores the unique features of Brazil's trajectory and the importance of this experience for understanding the role of law in development today.

Subjects:
Other Jurisdictions , Latin America
Contents:
1. Law, state, and the new developmentalism: an introduction David M.Trubek
2. New state activism in Brazil and the challenge for law David M. Trubek, Diogo R. Coutinho and Mario G. Schapiro

Part I. New Industrial Policies: Global Insertion, Productive Transformation, Investment Strategies, and Flexible Law:
3. Understanding neo-developmentalism in Latin America: new industrial policies in Brazil and Colombia Shunko Rojas
4. Rediscovering the developmental path? development bank, law, and innovation financing in the Brazilian economy Mario Shapiro

Part II. Trade Law: Carving Out Development Policy Space within the WTO Regime:
5. Carving out policy autonomy for developing countries in the World Trade Organization: the experience of Brazil and Mexico Alvaro Santos
6. Developmental responses to the international trade legal game: cases of intellectual property and export credit law reforms in Brazil Michelle Ratton Sanchez Badin

Part III. Social Policy and Equity: Two Approaches to the Relationship between Social Policy, Law, and Development Strategy:
7. Decentralization and coordination in social law and policy: the Bolsa familia program Diogo R. Coutinho
8. Social policy and the new development state: the case of Colombia Helena Alviar Garcia.