IGLP Contributors Jason Jackson (2012 IGLP Docent) and Jonathan Burton-Macleod’s new paper “”Influence of South African Legislation on India’s Mines and Minerals Bill: Problems and Perils” was featured in a recent issue of Economic & Political Weekly.  The paper examines India’s attempt to appropriate, for use in a draft mining bill, elements of the law of a similarly situated developing country, South Africa. Their case study suggests that a failure to retain the underlying social and political policy motivations for the model legislation can undermine the ability of the new legal regime to effectuate its policy goals.

An Excerpt from Economic and Political Weekly:

“In an arguably post-Washington Consensus era, horizontal learning is promoted as a new strategy for development by an interdisciplinary movement that includes critical law and development scholars. Horizontal learning describes a process-oriented approach that emphasises networking amongst global South nations leading to legislative development and
policy experimentation. As a means to explore this new development approach, this paper examines India’s attempt to appropriate, for use in a draft mining bill, elements of the law of a similarly situated developing country, South Africa. The case study suggests that a failure to retain the underlying social and political policy motivations for the model legislation can undermine the ability of the new legal regime to effectuate its policy goals.”

Continue Reading  Influence of South African Legislation on India’s Mines and Minerals Bill