Description
This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory.
This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory. Contrasting the 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.
This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory. Contrasting the 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.
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.
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 família program Diogo R. Coutinho; 8. Social policy and the new development state: the case of Colombia Helena Alviar Garcia.
'This pioneering and innovative set of studies will soon be required reading. One of [the] foremost authors in the field, David Trubek has together with Alvaro Santos helped spark a new generation of scholarship on law and development. This book makes good on one of the conclusions from their hugely successful earlier volume, which pointed
Chapter
Institutional and Political Background: The New Democratic Constitution of 1988 and the Cardoso Administration
New State Activism Emerges
Brazil’s New State Activism: Something New Under the Sun?
Accounting for the Rise and Shape of the New State Activism
Market Failures: Innovation, Infrastructure, Financial Sector, and Competitiveness
International Embeddedness and the Need to Spur Competitiveness
Structural Elements: Conditioning Factors
Other Influences on the Emergence of NSA: Enhanced Government Efficiency and New Economic Theories
New Roles, New Frameworks of Analysis, and New Functionalities
Flexibility and Synergy in Industrial Policy
Orchestration and Decentralization in Social Policy
Experimentation and Synergy in Labor Law
Building Legal Capacity for Development: Trade Law
Conclusion: Assessing the Brazilian Experience in Development Policy and Law
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
The Fall of the Washington Consensus and the Rise of the Left in Latin America
The Emergence of a New Development Consensus and the Comeback of Industrial Policies
From Discourse to Practice: Institutions and Implementation of the New Development Strategy
International Insertion Policies in Brazil and Colombia: FTAs
Macro-Institutional Convergence in International Insertion
Divergent Policy Implementation in International Insertion
New Industrial Policies in Brazil and Colombia: Productive Transformation Policies
Macro-Institutional Convergence in Productive Transformation Policies
Colombian Productive Transformation Policies: Convergence toward the New Development Model
Divergent Implementation Strategies in Productive Transformation Policies
4 Rediscovering the Developmental Path? Development Bank, Law, and Innovation Financing in the Brazilian Economy
Developmental State, Industrial Policy, and Developmental Bank: Some Reminiscences of the Developmental Period
Crisis of the Developmental State and Innovation Era: Brazil Falling Behind and Attempting to React
Developmental Crisis and the Brazilian Economy Falling Behind
Brazilian Attempt to React: Innovation-Based Strategies and Innovation-Oriented Policies
New Developmental State, Innovation Policy, and New Development Bank? The Role of BNDES in Financing Innovation
BNDES’s Institutional Trajectory Toward Innovation
BNDES Legal Tools and Legal Action
BNDES as an Angel Investor: Contracts with Nonrefundable Resources (FUNTEC Resources)
Fixed-Income Financial Contracts: A Combination of Formal Rules and Informal Governance
Equity Investments: BNDES as Venture Capitalist
Indirect Participation: Investment Funds
The Political Economy of Innovation-Oriented Development Bank
The Limits of the Innovation-Oriented Developmental State: From Institutional Learning to Institutional Practice
Limits of Political Economy: Outward Constraints
Government Failure and “Crowding Out”: Inward Constraints
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
The Debate about Policy Autonomy in the WTO
Liberal Trade versus Development Scholars
Structural versus Pragmatic Development Scholars
The WTO Limits on Country’s Policy Autonomy
Countries’ Ability to Carve Out Policy Autonomy
Opportunities Arising from Strategic Lawyering
Rule-Based and Doctrinal Space for Countries’ Policy Preferences
Environmental Regulations
Linking Legal Capacity to a Development Strategy
The Cases of Brazil and Mexico
Differences in Trade Promotion and Industrial Policy
Differences in Development Banks and Export Finance
Legal Capacity in the Service of Policy Autonomy
Differences in Legal Capacity
Differences in Policy Objectives
Differences in Litigation Experience
The Brazil Aircraft Case and the Export Subsidies Prohibition
The Limits of Strategic Litigation
6 Developmental Responses to the International Trade Legal Game: Cases of Intellectual Property and Export Credit Law Reforms in Brazil
Key Reforms of the Trade Arena in Brazil
“Fair Tales”? About HIV/AIDS Policy for Intellectual Property Rights and Public Trade Finance to the Civil Aircraft Industry
Intellectual Property: Top-Down Alignment versus Bottom-Up Resistance
International Standards on Intellectual Property Protection for the Pharmaceutical Industry Incorporated into the Brazilian Leg
The Particularities of Intellectual Property Rights in the Pharmaceutical Market in Brazil
The Resistance Spurred by the HIV/AIDS Movements: Mobilizing Legal Knowledge
Brazilian Foreign Policy Review and Its Spillover Effect at the International Level
Are there Development Lessons to Take from this Case?
The Particularities Regarding Trade Finance to the Civil Aircraft Industry in a Developing Market
Embraer Elected as the National Champion in a Period of No Industrial Policy
The Embraer Case in the WTO and the Hidden Information on the Limits of the Multilateral Trade System
Are there Development Lessons to Take from this Case?
Trade Finance Facing Local and International Challenges
Concluding Notes of Two Distinct Cases
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 Família Program
Bolsa Família and the Roles of Law in (New) Developmental Policies
Social Policy in Brazil from 1930 to 1988
Brazilian Welfare State after 1988
Bolsa Família and Its Decentralization and Coordination Tools
Cadastro Único: Decentralized Targeting and Coordinated Management
IGD: Incentive Mechanisms for Local Performance
Roles of Law in Development Policies: A Functional Approach
Law as Institutional Arrangement
Law as a Toolbox for Policy Implementation
Law as Participation and Accountability Channels
Roles of Law in Bolsa Família
Law as Institutional Arrangement
Law as a Toolbox for Policy Implementation
8 Social Policy and the New Development State
Familias en Acción: An Example of NDS or a Weak Attempt at Attacking Marginal Poverty?
Implementation of the Program
Target Population and Coverage
Procedure to Become a Beneficiary
1) Identification of Municipalities and Families Beneficiaries
2) Implementation Procedures
Arguments in Favor of Familias en Acción
3) Critiques of the gendered dimension of the program
Path dependence: historical obstacles faced by transformative social policies
Law and the New Developmental State
：The Brazilian Experience in Latin American Context
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