Why should a legal scholar be interested in development plans? The present work begins and evolves with such question in mind. In order to provide an answer, the research focuses on certain major epiphanies of modern development planning and tries to isolate their legal characters. Therefore, the first issue to be addressed is the identification of “legal models” of development planning. The legal nature and legal effects of planning acts is still not clear and moves along fuzzy borders between traditional categories of mid-twentieth century planning (socialist and nonsocialist) and modern soft law planning documents and guidelines. In the first place, the research will try to assess the notion of planning in a legal perspective as well as the legal features of the planning acts/planning norms. The objective of this phase is to decide whether or not, and to which extent, socio-economic development planning may be thought of legally. In order to do so, I will carry out an analysis from the perspective of legal anthropology. In the second place, the research will focus on the definition of the legal features of modern development planning in the People’s Republic of China, through the analysis of the relevant legal formants, with the purpose of determining whether or not the identification of a Chinese “development planning law” is logically feasible. In the third place, I will question and verify the existence of development planning acts and norms in European Law. The purpose of the phase is on one hand to reconstruct and define the legal value of the regulatory framework for the functioning of European development policies. On the other hand, at this stage certain categories and practical solutions verified on the “Chinese front” may be applied to the European context. In the fourth place, i.e. in the conclusive chapter, I will try to draw some results of the comparative analysis carried out, as well as to trace an evolutionary pattern, determining how legal models of development planning affect, on a global scale, the changes in the role of the state in its relationship with the market.
Legal Models of Development Planning - A Comparative Inquiry in Dialogue with China and Europe / Sabatino, Gianmatteo. - (2019 Dec 16), pp. 1-343.
|Titolo:||Legal Models of Development Planning - A Comparative Inquiry in Dialogue with China and Europe|
|Anno di pubblicazione:||2019-12-16|
|Struttura:||Facoltà di Giurisprudenza|
|Corso di dottorato:||Comparative and European Legal Studies|
|Relatore:||Benacchio, Gian Antonio|
|Tesi in cotutela:||no|
|Settore Scientifico Disciplinare:||Settore IUS/02 - Diritto Privato Comparato|
|Digital Object Identifier (DOI):||10.15168/11572_246517|
|Appare nelle tipologie:||08.1 Tesi di dottorato (Doctoral Thesis)|
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