Trubek, David M. and Rolland, Sonia E., Legal Innovation in Investment Law: Rhetoric and Practice in the South (March 16, 2017). University of Pennsylvania Journal of International Law (Forthcoming).
Trubek, David M. and Morosini, Fabio C. and Sanchez Badin, Michelle Ratton, Brazil in the Shadow of Mega-Regional Trade and Investment Standards: Beyond the Grand Debate, Pragmatic Responses (February 25, 2017). Univ. of Wisconsin Legal Studies Research Paper No. 1401.
Many in the field of development studies have embraced the method of horizontal learning among peer developing countries as a useful tool to identify practices that might help solve development problems. While this “scan globally, reinvent locally” approach has been tried in the field of law and development, features of the legal field in general, and aspects of the field in the Global South in particular, make it hard to use this approach in legal studies. The essay explains the reasons why horizontal learning among peer developing countries could contribute to the study of law in development, describes some tentative experiments with the method in legal studies, examines the barriers to using this approach, and suggests ways to foster more horizontal cooperation and learning.