Monday, December 12, 2011

HUMAN DEVELOPMENT : Why There is a Shift From Economic Development to Human Development and How That Shift is Measured ? by Akhilesh Patel, NLSIU


Development refers to economic, social, political and cultural processes of change in human societies which seeks to satisfy the spiritual and material needs of man. Historically this development process was state centric with given primacy on physical accumulation of income or materials. Individuals in process of such kind of development were marginalized by powerful and rich community having supports and backup of western governments and institution promoting capitalist oriented development theories. Trickle down approach furthered by structural adjustment programmes of World Bank and IMF lead to the detrimental of human life. John F. Kennedy and his successors following the principles of ‘a rising tide lifts all boats’ led to sunk several smaller boats under high rise of tide. There have been four theories regarding the nexus between economic growth and social development- The first theory holds the view that social development is a product of economic growth. This theory is well known as trickledown theory that makes emphasis on economic programs and assumes that economic growth would tend to produce social development. Okun and Richardson defined economic growth as "a sustained, secular improvement in material well-being as reflected in an increasing flow of goods and services." Thus it encourages throwing resources for economic growth and privatization. The second theory says that economic growth and social development are two unrelated events - Zuvekas as champion of this approach says that economic growth can occur without social welfare development and therefore countries should limit the distribution of the domestic benefits of growth to privileged elite at the expense of widespread social welfare development. He states that without specifically targeting the poorer sections of the population for assistance in meeting basic needs, economic growth could produce an ever widening gap between the wealthy and the poor.The third theory describes that neither social development nor economic growth is a primary cause of the other, but they are inter dependent –As a proponent of this view ,  Srinivasan is of the opinion that the policies for economic growth and the policies towards basic needs development are interwoven. He suggests that too much emphasis on basic needs would, at least in the short run, hurt economic growth which, in turn, would damage future improvement in the basic needs fulfillment. The fourth theory holds the view that social development precedes economic growth - Streeten as proponent of this approach has expressed that extra income would not always be spent on items basic to the individual's welfare. He notes that some basic needs may be satisfied more effectively through public services including access to clean drinking water, schools and health services, and therefore, are not directly linked to individual income. In fact, Streeten suggests a ‘trickle-up’ effects when he states "basic needs is not primarily a welfare concept; improved education and health can make a major contribution to increased productivity[1]."

effectiveness of sanctions in international environmental law by by Divya Rathor, NALSAR University of Law


Effectiveness of sanction in international environmental law is a topic of   debate in recent world of modernization, globalization, liberalization and privatization. With the advent of  the technology,  the mother nature has been exposed to risk of environment degradation, so it has become necessary to look out for sanctions to control the menace and also to check the effectiveness of the sanctions.

The polluter pays  principle  or PPP, as one of the basic tenets of the concept of sustainable development provides for effective sanction for environmental law. According to the principle the polluter has to pay compensation for the loss done to persons, loss done to the environment as well as for the restoration cost of the environment. The principle has proved itself to be effective in protecting the environment. The recent application of the principle is found in Gulf of Mexico, oil Spill case.

The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, or The London Dumping Convention,  Marpol 73/78, STCW CONVENTION, 1978, Convention on Liability for Damage Resulting from Activities Dangerous to the Environment also provide for some what effective sanctions of international environmental law.

The case of Nauru and Nuclear testing by USA in Marshall Islands are the examples of case where the sanctions imposed for wrong done to the environment are effective but  have been criticized as inadequate.

Do we have right quality of political leadership in the legislative and administrative bodies in charge of government of the country and states? by Mr S. Lakshma Reddy, Advocate, High Court of A.P.

Do we have right quality of  political leadership and political institutions and Do we need any  change in them to meet the new global economic and political reality ?

Globalization of capitalism has its effects on countries as a continuous process.World has found that the socialism in the form it was experimented in soviet or chineese economy is not economically or politically feasible challenge or substitute to capitalism and is found to be contrary to natural evolution of human social development.Recent events in western capitalistic countries once again are proving that the civil and political rights and freedoms will not grow hand in hand with economic rights and freedoms unless under right leadership and the political conflict or contradictions erupt like volcuno to discharge the heat or absorb the cold in the political economy for realignment of new new political and social equilibriums with in countries and among countries in the global context.

The traditional 19th century individualistic free entreprising capitalism is now tranformed to dominant global corporate capitalism making the capitalist as a mere appendage to the recipient of prorata dividends or profits of entreprise on risk basis as one of the share holder and not as the owner of entreprise and corporate entreprise which is  recognised as a distinct entity from shareholder capitalist. with it has arisen new challenges of political control over the new managerial cadre's decision making  over these global corporate entities both public and private. Political control involve the sovereign bodies like legislative, executive and judicial powers entrusted to representative institutions and individuals holding and exercising such power delegated to them by sovereign people.

It is now proved that criminal nexus develops between politicians and administrators as a natural selfish person as distinct from the public personality in public office with corporate lobbies and mafias spreading their network across cross-borders to escape or delay domestic legal liabilities. Nations have worked on private international law and public international law through evolving new protocols, international conventions and charters etc but the institutions have come to be totally inadequate to the gravity of challenges of required political control to the challenges  posed by the acts of new corporate bodies and private entities as is found in the recent global financial crisis with practical immunity from any criminal liability to the perpetrators of economic malfeasants in governments and corporates. The crisis postponed through tax payers bailouts is re emerging in the form of national sovereign debt crisis situations, with resultant  new Wall street occupy and similiar  protests across many developed countries demanding accountability of governments, politicians and corporates. This is the new global challenge to political institutional outlook and demands for changes in all countries and among countries thrown open with new globalization of economies and markets.

Is indian leadership is in right quality with  necessary vision ready for these challenges to take the country in  right pace with changing global ecconomic and political scenario? is the quality of leadership in charge of national and state level sovereign representative institutions and its delegated powers under the constitution  in fit and proper mode to respond and what changes to be effected ? Is the existing form of government fits with new global reality to reflect the general will of its people and to execute the general will and if not what changes to be proposed? These two questions are to be ever present with any representative assembly and its delegates as is advised by the Jean joquise Roussoe in his celebrated work "on social contract " book and more relevant now.The two questions he propsed are as follows:

Follow Mr S. Lakshma Reddy, Advocate, A.P. High Court at